@YTY2024 on going over this whole thread , I recognize that you are asking some very specific questions and which may or may not have been fully dealt with. To this end let me provide my understanding of the situation:
1. You are on F-1 on OPT but probably have been in the USA long enough to pass the SPT and therefore file your return on form 1040 -- which country are you from ?
2. Your husband is PR of Canada and is wage earner in Canada. Which country is he from?
3. You both desire to treat your husband as a Resident for Tax purposes , by including him on your MFJ filing. He has no domicile here in the USA.
4, You are domiciled in California ( on OPT) and therefore need to file a State return.
5. You do not want your husband's income to be exposed to US SECA ( Medicare and Social Security ) because he is not resident here in the USA and does participate in the Canadian versions of Social Security and Medicare .
6. You are hoping that by e3xposing his Canadian income to US taxes , he can take advantage of Foreign Tax Credit to reduce his Candian tax liability.
Are my understanding correct ? Please answer my questions ( embedded above ). Also I need to understand what is the end goal here -- what are you trying to achieve ? Are you trying to get your husband legalized by sustaining a "Resident for Tax purposes " without physical presence here in the USA ? Or are you trying to reduce his Canadian Tax liability through Foreign Tax Credit ( by paying taxes to the USA at a lower rate ) or what ?
I will come back once I hear from you --yes ?
pk
