Here are 2 cases.
1. I was a F-1 student visa holder from 2011-2014. I went back to my home country (2014.7) and re-entered the US in 09/2016 as a J-1 student visa holder. In 2017 tax year, am I still a non-resident since the first 2-year J-1 is considered non-resident. Or am I a resident since I have been in the US for more than 5 years?
2. My wife came to the US in 08/2019 (typo, this should be #08/2017) (she stayed in the US for less than 3 months in 2014). Since she has incomes, should she fill out W-9 or W-8BEN? Thanks!
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the rules for J1 student visas are the same as for F1 student visas. Since you were in the US already for 5 years on the F1 visa, you would count the days of presence in 2016 and 2017 towards the substantial presence test. For 2016 you did not meet the test so were a nonresident alien. For 2017 you do meet the test and are a resident alien.
What is your wifes visa status? when did she come to the US (you wrote 2019) and on what visa? What was her visa in 2014?
the rules for J1 student visas are the same as for F1 student visas. Since you were in the US already for 5 years on the F1 visa, you would count the days of presence in 2016 and 2017 towards the substantial presence test. For 2016 you did not meet the test so were a nonresident alien. For 2017 you do meet the test and are a resident alien.
What is your wifes visa status? when did she come to the US (you wrote 2019) and on what visa? What was her visa in 2014?
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