Amending Tax Returns

[TosioCarlyI 6]

I'm in the US on an F1 visa, about to get married and begin AOS. I have been filing taxes in the US using form 1040 with TurboTax, but I recently found out that as a non-resident alien I'm supposed to be filing using form 1040-NR (which TurboTax doesn't offer at all). I'm currently working on amending my latest tax returns (re-submitting with 1040-NR).

 

In light of that, I have two questions:

1) Once I submit the amended tax returns, do I need to wait until they are processed to submit them with the AOS paperwork (as documentation for I-944, etc.)? Do I need to have a transcript or can I just send the tax returns and mention that they are being processed?

If they do require a transcript, can I submit the tax returns now and the transcripts later? Or would that only delay things more?
 

2) Do I need to amend returns for all four years before submitting paperwork?

[databit 328]

You should amend all. And if you got a stimulus check, you need to return it right away.

[TosioCarlyI 6]

38 minutes ago, databit said:

You should amend all.

Already working on that. Do I need to wait for transcripts to submit AOS paperwork?

[Wuozopo 4,293]

3 hours ago, PXandu said:

I'm in the US on an F1 visa, about to get married and begin AOS. I have been filing taxes in the US using form 1040 with TurboTax, but I recently found out that as a non-resident alien I'm supposed to be filing using form 1040-NR (

How long have you been in the US on the F1? What is the start date of it?

 

The IRS has a very different definition of resident alien than Immigration. Are you positive you do not have enough physical presence in the US to file taxes as a resident alien? Just checking before you start amending. If you have been in the US four years as you indicate by saying you have four returns to change, then you are a resident alien for tax purposes and file 1040. See IRS Publication 519.

Edited May 20, 2020 by Wuozopo

[TosioCarlyI 6]

34 minutes ago, Wuozopo said:

How long have you been in the US on the F1? What is the start date of it?...

On this page with the IRS, it says days on a F-1 do not count towards the substantial presence test. The requirement for 1040-NR was recently confirmed by Politico.

[geowrian 22,337]

As noted above, time in F-1 status does not count for the substantial presence test.