Hello, I graduated from ABC university in June 2013 and I started working in September 2013. I am on my OPT now. I got married in December 2013 and my husband is studying in a US university and he is on F-1. Our marriage was registered in India on December 27th, 2013 but we did not register it in US yet. I am filing my tax returns for the year 2013, is it possible to file my status as married and filing jointly? Also, my husband has no salary for the year 2013, but he has a social security number.
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You can file married filling jointly, but make sure only file 1040 NR return, and since you both are on F-1 so I assume you probably paid a lot in tuition fee but FYI you can't take any credit like "American opportunity credit". You are only entitled to get refund of federal and state income taxes you paid. Even if you do since you will get 1098-T from school, you will get refund now but in long run it's gonna bite you. Also 1040-NR you can't file it online you have to paper mail it. If you go to regular tax office they might let you e-file 1040 return bcz they probably don't know abt NR -Accountant
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