Am I resident or non resident?

Forum|Forum|6 years ago
March 28, 2020
1 reply
7 views

I’m a F-1 visa holder correctly. I was using sprintax.com to do tax return but it told me I’m a resident. To clarify, I was reading a lot of cases but I’m still confused. So this is my case.

I entered America for the first on August 28, 2014 with J-1 visa and left on June 18, 2015. And I came back to America on December 28, 2015 with F-1 visa. I visited my family from June 3, 2019 to July 31, 2019, then back to America. Since I got F-1 visa I haven’t changed my visa status and have been in America the whole time other than visiting my family once in 2019.

This is the information I put and the website I’m a resident so I should file a tax for 2019 as a resident. Is this correct? Or should I file tax for 2019 with form 1040NR and file tax for 2020 with form 1040? I’m little bit confused here. I know I’ve been here long enough to be considered as a resident, however, the whole tax thing confuses me when does it start to apply on me.

Thank you for helping me.

Not A Product Question

Best answer by linaj20201

Yes, that is correct. You are a resident in 2019.

Since you are currently holding F-visa, you will count the five years exempt ( not counting days) including the year while you were on J-visa. Therefore, you are a non-resident for the year 2014-2018. You would start counting days from January 1, 2019. Regardless of the fact that you were still holding F-visa, if you were present within the US for at least 183 days in 2019, you are a US resident for tax purposes.