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Returning Member
posted Dec 14, 2023 6:23:03 PM

F1 internation student with resident alien status but spouse and dependent has lived in US less than 5 years and regarded as non-resident aliens

Hello,

 

I have a complicated case which I need help with.

I came to US in 2017 on J1 visa and returned home in 2018.

Came back to the States on F1 visa on 2020.

So according to this timeline I am regarded as resident alien for 2023.

 

My spouse/daughter first time ever entered US on F2 was in 2021 so based on the 5 years exemption rule, they should be non-residents. 

 

I have some questions:
1- Are they regarded as non-residents or their status changed because of my change in status ? 
2- If I can claim/add them to my tax return, how can I apply for ITIN for them and when to apply?

3- how should I file for 2023?

Thanks,

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1 Replies
Level 15
Dec 15, 2023 6:49:29 AM

@pk?