DaveF1006
Expert Alumni

Get your taxes done using TurboTax

@preetisinghal  If you you are claiming your husband as a resident alien, he is subject to all US taxes, including FICA taxes. If he is still an exempt individual, he can file as a non-resident and not be required to pay FICA taxes but he is not exempt if you file jointly.  

 

To be exempt, according to IRS.

  • You won't be an exempt individual as a student in the current year if you've been exempt as a teacher, trainee, or student for any part of more  than 5 calendar years unless you meet both of the following requirements:
    • You establish that you don't intend to reside permanently in the United States; and
    • You have substantially complied with the requirements of your visa.
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