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kaushal-pages
New Member

Is my spouse nonresident alien or resident alien if H4 to F1 change of status happened in last year (2016) and she arrived with H4 in 2014?

My spouse arrived in US in March 2014 and lived in US for all years till today (April 2017). She arrived with H4 Visa. H4 Visa got converted to F1 Visa in last year (2016) January. For filing my tax return,  Is she considered nonresident alien or resident alien?
1 Reply
LinaJ2018
Intuit Alumni

Is my spouse nonresident alien or resident alien if H4 to F1 change of status happened in last year (2016) and she arrived with H4 in 2014?

If this is the first time she was granted the F-1 visa, she will be considered as a nonresident alien. In fact, she will be a nonresident for the next fiver year 2016-2020.  However, if you are a resident for tax purposes by meeting the Substantial Presence Test  SPT,  you can treat her as a resident by making an election of Nonresident to resident.

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