Should international student file the tuition and get refund?

[LinaJ2018]

As a F-1 visa holder, you are considered as "exempt" meaning not counting days for five years starting from the date of your first arrival in the United States.  In your situation, you are considered as a nonresident for 2016-2020 and required to file a Form 1040NR.  Starting from 01/01/2021 you will start counting your days by using Substantial Presence Test SPT to see if you can be treated as a resident for tax purposes.   As TurboTax does not support any nonresidency tax forms, if you have filed with TurboTax for the year of 2016, you can simply amend your return based on the instructions below and contact Sprintax which is affiliated with TurboTax to help our international students and nonresident aliens customers to complete your 1040-NR.   To amend from Form 1040 to 1040NR,  here are the steps:

1.  Download the Form 1040-X from IRS website ( see below).  On the front page of Form 1040-X, enter your name,                    current address, and social security number (SSN) or IRS individual taxpayer identification number (ITIN)

2.  Do not enter any other information on page 1.  

3.  Do not complete Parts I or II on page 2 of Form 1040X.

4.  Enter in Part III the reason why you are filing Form 1040X.

5.  Complete a new Form 1040-NR by using Sprintax, see instructions above.

6.  Across the top of the 1040-NR, write “Amended”

7.  Attach the new Form 1040NR to the back of Form 1040X

For more information, see:

https://www.irs.gov/pub/irs-pdf/f1040x.pdf  - form

https://www.irs.gov/pub/irs-pdf/i1040x.pdf  - instructions

page 5 under Residents and Nonresidents

[LinaJ2018]

If you are an international student, you are very likely on a F-1 visa.  If you have stayed in the US for no more than five years, you are considered as a nonresident thus not qualify for the education credit. ( If you enter the US in 2010, you are a nonresident 2010-2014)

If you are a nonresident but married to a resident, your spouse can make an election to claim you as a resident for tax purposes.  You both can file jointly on a Form 1040 and claim an education credit.  Please see Nonresident to resident

If you are a student who meets the Substantial Presence Test  SPT, you can also be treated as a resident during 2017.  Therefore, qualify for the education credit.  

[ivanz2012]

Okay, So I didn't know that and maybe i claimed the education tuition last year, but I don't think i got any refund last year, where can i make sure I didn't do it. and what if I did, how could I correct this

[LinaJ2018]

When did you first enter the US?

[ivanz2012]

2016, and i know that I am non-resident, but I followed the instruction last year and fill out all the forms I have, I remember that i claimed i bought a car, and fill out education tuition, and my W2 information, is it possible that system automatically reject my tuition reduction because i think I choose non-resident already? I still have the refund file from last year, can someone take a look at it and tell me what to do? I didn't realize until this year

[LinaJ2018]

In TurboTax program, you do not have an option to choose your residency to file either a Form 1040 or 1040-NR.  The program would assume you are a resident.  Everyone uses our program files a Form 1040/EZ/A.   You do not qualify for the education credit or deduction may be due to other reasons.  Please see details below.

[ivanz2012]

So how can i fix this? I didn't know it until lately.

[LinaJ2018]

You would need to amend.  Please see instructions below.

[ivanz2012]

I don't see any instructions below...

[LinaJ2018]

I posted them as a new answer below.  Please refresh your browser.