Thanks again, Dave, for the very thorough explanation of my available options.
There are a few things I may not have been clear about in my original post:
- I am a non-resident alien with an F1 status since August 2016.
- My wife and son are currently non-resident aliens with an F2 status.
- Until August 2021, my daughter was my dependent with an F2 status.
- On February 2022, my daughter's status effectively changed from F2 to F1.
- Since August 2016, I have not had any income, US or worldwide (I have been tapping into my savings all this time).
- Since August 2016, my wife and children have not had any income, US or worldwide.
- I have an SSN.
- My wife and children do not have SSN/ITIN.
- My wife and children are not eligible to apply for SSN.
- For FY 2016, 2017, 2018, 2019, and 2020, I filed 8843 for myself, my wife, and my children.
- On June 30, 2021, I started working under Optional Practical Training (OPT) for F1 students. This means that starting June 2021, I began deriving US income. My wife and son continued in F2 status.
- Because I have been in the US for more than five years, I understand that I am considered a resident alien for income tax purposes.
My specific questions are as follows:
- Am I correct in my understanding that for FY 2021 I am considered a resident alien for income tax purposes?
- If so, and based on the start date of my OPT, do I have to:
(a) file 8843 for the period between 1/1/21 - 6/29/21 and 1040 for the period between 6/30/21 - 12/31/21, or
(b) file 1040 for the entire FY 2021? - Am I correct in my understanding that for FY 2021 my wife and children are considered resident aliens for income tax purposes?
- If so, and based on our date of entry to the US (8/1/2016), do I have to:
(a) file 8843 for my wife and children for the period 1/1/21 - 7/31/21 and 1040 for the period between 8/1/21 - 12/31/21; or
(b) file 8843 for the entire FY 2021; or,
(c) file 1040 for the entire FY 2021? - Are my wife and children required to apply for ITIN because we have are now considered resident aliens for income tax purposes?
Again, thanks in advance for your kind answers. They will help me better understand my current situation and help me make more sense of your previous response.
