@LinaJ2020
I have a quick question Lina regarding being an exempt individual. The question concerns Form 8843, which I should attach to claim the exemption:
As you know now, I was "present in the US as a student for any part of more than 5 calendar years" as the question on Line 12 is phrased. I am therefore asked to attach a statement "to establish that I do not intend to reside permanently in the United States". What should I write in such a form?
I am, in fact, facing another dilemma. I do not meet the Substantial Presence Test, and therefore I am filing a 1040NR, as you suggested. I believe I have to attach Form 8843 to it, like I have done in 2013-2017. However, I have the intention to reside permanently in the US, because I filed an I-140 immigration petition as of January 2020. This brings us to the question in Line 13 asking:
"During 2019, did you apply for, or take other affirmative steps to apply for, lawful permanent resident status in the United States or have an application pending to change your status to that of a lawful permanent resident of the United States?"
Although USCIS has received my I-140 immigration petition in January 2020, I believe that I have "taken affirmative steps" in 2019, including paying for and mailing my complete application.
In Line 14, I am required to explain. What should I say? Should I mention information like the name of the immigration petition, receipt number, priority date with USCIS? Any other information I should mention?
Bottomline, the only reason I am filing as a non-resident is because I do not meet the substantial presence test. I am not claiming closer connection to another country or so. The problem is that the information I am required to present on Form 8843 appear to disqualify my treatment as a non-resident. What do you think?
