Is F-1 student considered as California resident or not?

[gori7]

I moved to the US California in August 2021 as an F-1 student and got married to an H-1 spouse in July 2022. I switched my visa to H4 in January 2023 and got a Green card in October 2023.

I have 2 questions.

1. Last year, we filed taxes as both residents but I realized that I should have been considered as a non-resident since I was an F-1 student and haven't lived in the US for more than 5 years. Should we refile our case?

2. For the 2023 tax year, should I consider myself a California resident from the date I entered the US as a H4 holder? I am trying to answer "Did you become a California resident during 2023?" in the residency information during 2023 for the state tax form.

Thank you in advance.

[MarilynG1]

If you filed as a single Resident in 2022, you could reach out to Sprintax to see if you need to file through them as a Non-Resident.

For California residency, they are meaning 'did you move into California during 2023' rather than referring to your visa status.  Since you became a H4 visa holder in January 2023, you could say NO to this question, since you were a California resident for all of 2023 and didn't live in another state during 2023. 

Here's more Tax Tips for Resident and Non-Resident Aliens.