It depends. According to IRS.gov rules, you are a dual-status alien when you have been both a U.S. resident alien and a nonresident alien in the same tax year. In 2018, you would not qualify to a resident alien in 2018 so the only return you would be able to file is a 1099-NR.
You would not be be able to file as a resident alien in 2018 because of the Substantial Presence Test. Here are the parameters of the test.
- 31 days during the current year, and
- 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
- All the days you were present in the current year, and
- 1/3 of the days you were present in the first year before the current year, and
- 1/6 of the days you were present in the second year before the current year.
If you spent time in the US prior to 2018, you may be qualified as a resident alien if you meet the criteria outlined above. if not, then you would have needed to be in the US for at least 183 days in 2018 to qualify to be a resident alien for tax purposes.
[ Edited 01/24/22|04:06 PM PST]
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