topic F1 student with work permit and social security number and pending green card considered resident? in Get your taxes done using TurboTax

F1 student with work permit and social security number and pending green card considered resident?

method1491 — Thu, 01 Dec 2022 18:13:55 GMT

I am planing to file married joint for f1 visa holder who got married in feb 2022 and has valid work permit and ss but still waiting on green card approval. Will she be considered a resident or non resident?

Re: F1 student with work permit and social security number and pending green card considered resident?

Anonymous_ — Thu, 01 Dec 2022 18:58:28 GMT

@pk

Re: F1 student with work permit and social security number and pending green card considered resident?

pk — Thu, 01 Dec 2022 19:15:53 GMT

@method1491 , from your post , should I assume :

(a) you are the person married to the F-1 holder

(b) you yourself are a US person ( citizen/ GreenCard / Resident for tax purposes )

(d) the F-1 holder is still on "exempt" status and therefore a "Non-Resident Alien "

If all of the above are true then F-1 person is still Non-resident alien but indeed can file jointly with you / US person spouse --- need to send a note to the IRS along with return, requesting that you both agree to treat the F-1 person as a resident for the year ( thus exposing whole year world income to US taxes )

Note application for GreenCard by itself does not bestow resident status, neither does the marriage by itself ---- these just bolsters the intent to stay. For tax purposes, there are two tests --- Green Card and Substantial Presence Test. The request to be treated as a resident is voluntary and is granted based on facts and circumstances.

Does this answer your query ? Do you need more help on this ?

Re: F1 student with work permit and social security number and pending green card considered resident?

method1491 — Thu, 01 Dec 2022 19:44:24 GMT

Thank yoi so much for your response, I thought the time might of started when she recieved her employment authorization card. All the information you assumed were correct! She does have an f1 visa daring back from 2014 so I assume shel be considered a resident becuase of the 5 year rule?