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New Member
posted Jun 6, 2019 9:53:54 AM

5th year F1, 6th year if I count ESTA+F1. Am I tax residence?

Hi, I have been filing tax returns with 1040NR-EZ form since 2013. I entered the US with F1 in Aug 2013 and I stayed more than 330 days in the US each year except 2013. I recently talked with someone who suggested that I should count my visit to the US in 2012 with ESTA. If I count that visit (~7 days), 2017 would be 6th year so that I considered as resident alien for tax purpose. Would you let me know if I can file tax return as resident alien? 

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1 Best answer
Level 7
Jun 6, 2019 9:53:59 AM

The time on visa waiver does not count toward the five year exemption, so 2017 is your fifth year and you would till eed to file a 1040NR plus 8843.

4 Replies
Level 7
Jun 6, 2019 9:53:56 AM

what visa did you have in 2012? Or was it a visa waiver?

New Member
Jun 6, 2019 9:53:57 AM

Yes, it was a visa waiver.

Level 7
Jun 6, 2019 9:53:59 AM

The time on visa waiver does not count toward the five year exemption, so 2017 is your fifth year and you would till eed to file a 1040NR plus 8843.

New Member
Jun 6, 2019 9:54:00 AM

What if they had a visa waiver in 2016 and student immigration status J-1 in 2017, would they include the ESTA and time spent in U.S. using ESTA on their 2017 Form 8843?