It depends. You must file if you are a US citizen or if you were considered a Resident Alien in 2023. Being considered a resident alien is determined by a multitude of factors such as;
- Residency Dates prior to 2023
- If you were here on a student visa and if you were exempted or not.
If you only arrived in the US in 2023 and stayed five months, you do not have a 8938 filing requirement.
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