Am I a resident alien or non-resident alien?

[jakeywp90]

So first I came to US in 2009 fall, and left for Korea in 2011 summer, stayed there for two years, and came back to US in 2013 fall and have stayed here until now. Am I a resident alien or non-resident alien? Which tax return form should I use?

[bine22]

what is your visa now and what visa did you have 2009-2011?

[jakeywp90]

My bad, I forgot to mention that. So My status back then in 2009 to 2011 was F1, 2013 to 2016 Summer was also F1, and 2016 Fall to present is OPT

[jakeywp90]

My bad, I forgot to mention that. So My status back then in 2009 to 2011 was F1, 2013 to 2016 Summer was also F1, and 2016 Fall to present is OPT

[bine22 · Accepted solution]

On F1 you are a nonresident alien for the first 5 calendar years, so 2009, 2010, 2011, 2013 and 2014. So in 2015 you would have had to start using the substantial presence test to determine residency, and assuming you were in the US all that time (except for short trips abroad maybe), you would be a resident alien for 2015 and 2016. As a resident alien you can use Turbotax. How did you file last year?

[jakeywp90]

Thank you for the answer. I've never filed tax return so far, so this is my first time filing a tax return. I have another question about health insurance penalty, may I continue asking about it here?

[bine22]

It might be better to ask a new question, as I am not very familiar with all the issues with health care, but you can try. Maybe I do know this one. Anyway, on F1 one of the visa requirements is to have health insurance.  For prior years you didnt file, as a nonresident alien you are required to file  at least form 8843 even with no income, so you might want to file that form for the first 5 years now.

[jakeywp90]

Okay, I think I will post a new question. Thank you for your help.