Thank you for taking your time to read this.
I'm an international student holding an F-1 Visa, who came to America in September 2016.
To help you understand my situation easily, I'll write down the timeline and what I did each year.
In September, came to America and start studying abroad. I didn't have any job at the time.
"I didn't file a tax report because I didn't know how to do it."
I started a part time job on campus. I filed the tax report but used the "1040EZ" form.
I did not know much about the tax form, and my roommate at the time told me just to use the form so I did. I'm not sure if I was supposed to use the 1040 NR form.. I also didn't turn in the 8843 form.
(Note: Submitted "1040EZ", without the "8843" form)
Pretty much the same as what I did in 2017. I kept doing the part time job on campus.
However, I used the "1040" form, without the 8843 form.
(Note: Submitted "1040" form, without the "8843" form)
I kept doing the part time job on campus, and started an internship under the CPT course. (Having two jobs LEGALLY). I used the "1040" form for my two jobs.
I had an American girlfriend at the time, and she told me that I can apply for the American Opportunity Tax Credit (AOTC) by submitting the 8863 form. I told her I'm not considered as a resident alien since I didn't live in America more than 5 years, but she said I am eligible because I can pass the substantial presence test. However, still, I don't understand this because my status is F-1 visa. What's funny is that my girlfriend even talked to a CPA, and the CPA also agreed that I'm eligible to apply for it. So I did it and received the tax refund.
(Note: Submitted "1040" form for my two jobs, without the "8843" form. I also submitted "8863" form for the AOTC)
It's still going on, and I'd like to fix what I did wrong.
Once again, thanks for taking the time for my concerns.
I think I should have used the "1040 NR" form and should have submitted the "8843" form.
Please let me know if I'm on the right track, and if not, how to correct the things.
I have heard that there can be a penalty if I filed my tax report wrong so I'd like to get it corrected.
Thank you and hope you have a great day!
@now3810 , having read through your tale, I need a few more bits of info before I can say anything-->
1. You entered the country on F-1 in 2016 -- did you have any other stays in this country during the previous years?
2. Which country are you from? Do your parents pay for your school and stay here in the USA or do you a scholarship from your country? A scholarship from your school?
3. Have you back to your country other than short vacation or similar absences
4. Is your original visa still valid ?
5. Are you now married and if so to an American citizen/Resident or a Non-Resident Alien ( and if so from which country & what visa ).
Prima facie, it seems to me that you have filed in error all the years and not filing 8843 need to be corrected ( you did file the USCIS forms each year though, right ? )
I await your answers
Thank you for your reply!
1. No. I visited Washington DC and New York for a tour (like in 2012... a long time ago) but not in the previous year.
2. I'm from South Korea and sadly, I tried many times but haven't received any scholarships so far.
3. Since September 2016, I have never gone back to South Korea. I just stayed in America. I went to Canada in 2017 for less than a week with my friends. (I think it was almost 5 days ish I can double check if you need)
4. Yes, my F-1 Visa is still and will be valid till May 2021.
5. I'm single.
I think when you meant by the USCIS forms, you meant tax reports. If so, as I described, I filed every year other than 2016. If this is not what you meant, please kindly let me know!
Thank you so much for your help and for taking your time!