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My wife pays tuition as F-1 student before we got married and she applied for green card. Can I claim her tuition as an expense? She pay out of pocket not a loan.
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Education
If you and she can file a joint return (form 1040), then you are eligible to claim one of the education benefits on that return. The most important of these are the American Opportunity Credit, the Lifetime Learning Credit, and the Tuition and Fees deduction.
Since she is in the US on an F-1 visa, and therefore, I assume, not a resident for tax purposes, you and she can only file a joint return if you, her husband, are a resident for tax purposes as of 12/31/16 - that is, a citizen, a green card holder, or someone who passes the substantial presence test. For the details of this, refer to IRS publication 519, chapter 1.
Taxpayers who are non-resident aliens filing form 1040NR, and also any taxpayer using the "married filing separately" status, are not eligible to claim any of the above education benefits.
Reference: pub 519, section titled "Tax Credits and Payments"
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Education
Who Can't Claim the Credit?
"You (or your spouse) were a nonresident alien for any part of 2016 and the nonresident alien didn't elect to be treated as a resident alien for tax purposes. More information on nonresident aliens can be found in Pub. 519, U.S. Tax Guide for Aliens."
But since we are married in Nov 2016 does it mean we can't claim?
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