Hi,
My girlfriend came to the US in July 2015 on a J1 trainee visa, which I believe has a duration of 2 years as a non-resident alien status. She left the country in May 2016 and came back in August 2016 with an F1 student visa, which allows 5 years as a non-resident alient status.
Based on her first entry, 2 years have passed so she should be a resident considering the J1 visa she had when she came to the country. If that's the case, she should be a resident for tax purposes in the 2017 tax filinc.
However, since she is now on an F1, does she have now a non-resident status for 5 years but starting counting since 2013, meaning she should be a non-resident from 2015 to 2019 and she will be a resident on 2020?
I am not sure which case applies here, thanks in advance for any help.
If she has been in the US for fewer than 5 calendar years (including any previous F-1 or J-1 statuses at any point), then she is considered a nonresident for US tax purposes. This is due to her current F-1 visa status. So she would be considered a resident in 2020.