AOS Dual-Status Tax Issue

[VJLindsey18 0]

I held F1 visa as a non-resident alien during the year of 2016 and until June of 2017, and submitted Adjustment of Status to Permanent Resident application on 06/10/2017. I received the EAD card on 09/28/2017, and began to work using the EAD card on 10/10/2017. My green card was approved on 12/15/2017. 

 

I want to file dual-status tax return for tax year 2017, but I don't know which period of 2017 I could be treated as a non resident. Should it be until the day I submitted the PR application, or the day I received the EAD card, or the day I used the EAD card or the day my green card was approved?

 

Thank you!

Edited February 25, 2018 by VJLindsey18

[payxibka 10,047]

5 minutes ago, VJLindsey18 said:

I held F1 visa during the year of 2016 and until June of 2017, and I submitted Adjustment of Status to Permanent Resident application on 06/10/2017. I received the EAD card on 09/28/2017, and began to work using the EAD card on 10/10/2017. My green card was approved on 12/15/2017. 

I want to file dual-status tax return for tax year 2017, but I don't know which period of 2017 I could be treated as a non resident. Should it be until the day I submitted the PR application, or the day I received the EAD card, or the day I used the EAD card or the day my green card was approved?

Thank you!

Don't forget the substantial presence test. 

 

Dual status is typically applicable for year of arrival or departure.  Since it appears you arrived in 2016 you likely won't be eligible

[VJLindsey18 0]

Thanks payxibka for your reply.

It seems to me that F1 student is treated as an exempt Individual for the substantial presence test. Thus, I think that I am still can be treated as non-resident alien sometime during 2017.

Edited February 25, 2018 by VJLindsey18

[arken 4,197]

You would be considered Non resident for tax purposes from Jan1-dec 14.

 

However, if you received your GC thru marriage based petition, you can be considered resident for the entire 2017 if you file under married filing jointly.

[Italian_in_NYC 259]

23 hours ago, payxibka said:

Don't forget the substantial presence test. 

 

Dual status is typically applicable for year of arrival or departure.  Since it appears you arrived in 2016 you likely won't be eligible

Days of presence under F visas are excluded for the physical presence test purpose.