International student wondering, can I file my taxes and get a refund on my tuition despite not having an income or never having had a job or paid income tax in America?

[patrick-kjelland]

I know I need a W-7 to get an ITIN, and I have already received my 1098-T form. But I'm still not sure how to proceed or if I'm even eligible for a tax refund on my tuition.

[LinaJ2018 · Accepted solution]

If you are a nonresident alien ( assuming you are on an F-1 visa) for any part of the year, you generally cannot claim the education credits. However, you may possibly claim an education credit under the following circumstances.

1. You are married and choose to file a joint return with a U.S. citizen or resident spouse as discussed under Nonresident Spouse Treated as a Resident. 

2. You are a dual-status alien, and choose to be treated as a U.S. resident for the entire year. See Choosing Resident Alien Status.