Does F2 during childhood count towards my 5 year exemption period?

[jo2523]

I have lived in the US as a child on the F-2 visa as a dependent of my father. After leaving the US, I came back in 2017 as a F-1 student. Does the period I had lived here previously on F-2 count towards the 5-year exemption period? If so, does that mean I would already be considered as a resident for tax purposes?

[pk]

No your admission as F-1 restarts the five year exemption from counting days.  When did you originally enter the USA , when you left and when did you come back on your own F-1 ?

[jo2523]

I entered in 1994 on F-2, left in 1999. Came back on my own F-1 in 2017. Sprintax determined that I am a resident, which is confusing.

[pk]

No you are a new F-1 , because (1) the last F was a dependent visa and (2) was six years ago. File 1040-NR and form 8843 claiming exemption OR Call the IRS and get their opinion and then file. at this point I do not have the means to provide you the IRC section reference but I am pretty certain of my position ( then again I do make errors sometimes).

[jo2523]

Thanks

[aliali999]

Im in a similar situation. Im just wondering what your final outcome was. On 8843 it mentions if we have been " students" for 5 years, not dependents, so therefore, i think a fresh f-1 is when your own exclusion from sbt starts.