F1 to AOS to GC before filing taxes

[jackiegringa 419]

Hello, I'm trying to determine my tax status in between many changes. By the substantial presence test calculated by the Glacier tax prep I am still a non resident even though I've been in the country since mid 2016. I believe that's due to 5 calendar year exemption for students on F1 visas, which means 2021 will be the first year I am a resident for tax purposes but that doesn't count for 2020 taxes. 

 

I thought of filling jointly using the non resident alien spouse of US citizen amendment but I'm about to have my interview (and don't see a reason I'd be denied a GC) so I'm gonna be a resident soon anyways by the green card test. If I wait until I have my GC in hands, can I just file as a resident, no extra paper work needed?

 

Second question - since I became a resident for tax purposes in 2021, am I eligible to claim the latest stimulus check on the 2020 tax return? Or does that only count for my next tax return in 2022?

[jackiegringa 419]

32 minutes ago, iragringa said:

Hello, I'm trying to determine my tax status in between many changes. By the substantial presence test calculated by the Glacier tax prep I am still a non resident even though I've been in the country since mid 2016. I believe that's due to 5 calendar year exemption for students on F1 visas, which means 2021 will be the first year I am a resident for tax purposes but that doesn't count for 2020 taxes.  my days in the US will count towards a residency test. By this logic, I will become a resident for tax purposes in July 1st, but that's irrelevant since my GC is coming up way sooner than that.

 

I thought of filling jointly using the non resident alien spouse of US citizen amendment but I'm about to have my interview (and don't see a reason I'd be denied a GC) so I'm gonna be a resident soon anyways by the green card test. If I wait until I have my GC in hands, can I just file as a resident, no extra paper work needed?

 

Second question - since I became will become a resident for tax purposes in 2021, am I eligible to claim the latest stimulus check on the 2020 tax return? Or does that only count for my next tax return in 2022? Or has that ship sailed and I will never be eligible?

 

Edited April 1, 2021 by iragringa

[JeanneAdil 6,491]

Looking at timeline u entered 9/20

when did u marry?

and thinking you are about to get interview this fast after filing in September??  doubtful / from all i read on here it is taking a year maybe more for AOS 

if married in 2020 , you can file and get ITIN with spouse either MFJ or MFS

you can gamble on an interview soon and SS # to file for 2020 / you and spouse can even file for an extension giving u till October 15th to file for 2020

The IRS has till end of the year to pay out the 2021 stimulus checks dependent on tax payers for previous years

there is  no 2022 stimulus check 

 

[jackiegringa 419]

41 minutes ago, JeanneAdil said:

Looking at timeline u entered 9/20

when did u marry?

and thinking you are about to get interview this fast after filing in September??  doubtful / from all i read on here it is taking a year maybe more for AOS 

if married in 2020 , you can file and get ITIN with spouse either MFJ or MFS

you can gamble on an interview soon and SS # to file for 2020 / you and spouse can even file for an extension giving u till October 15th to file for 2020

The IRS has till end of the year to pay out the 2021 stimulus checks dependent on tax payers for previous years

there is  no 2022 stimulus check 

 

Thanks for your reply but that didn't help much. My interview (also on my timeline) is Monday, April 5th. My "entry" is set to the day I've filed AOS, just noticed it but that doesn't change the fact my AOS is about to end (nor does my marriage date).

 

Already have an SSN, my question about the stimulus is due to change in residency status after the payments were announced so this probably means I won't be able to claim it (I understand the last sentence makes it seems like I was asking about a 2022 stimulus, I was not).

 

As far as I have been able to research, I will become a resident the day my GC gets approved, and since I don't pass the substantial presence test yet my residency starts with GC. If I need extra paper work or not to file taxes for 2020 is still up in the air.

Edited April 1, 2021 by iragringa

[Ayrton 965]

39 minutes ago, iragringa said:

Thanks for your reply but that didn't help much. My interview (also on my timeline) is Monday, April 5th. My "entry" is set to the day I've filed AOS, just noticed it but that doesn't change the fact my AOS is about to end (nor does my marriage date).

 

Already have an SSN, my question about the stimulus is due to change in residency status after the payments were announced so this probably means I won't be able to claim it (I understand the last sentence makes it seems like I was asking about a 2022 stimulus, I was not).

 

As far as I have been able to research, I will become a resident the day my GC gets approved, and since I don't pass the substantial presence test yet my residency starts with GC. If I need extra paper work or not to file taxes for 2020 is still up in the air.

Receiving a GC now only makes you a resident for tax purposes for the year of 2021, not 2020. Just file married filing jointly and send the statement asking to be treated as a resident for the whole year with either a software that allows that or by paper. You will be eligible for all 3 stimulus checks.

[jackiegringa 419]

2 hours ago, Ayrton said:

Receiving a GC now only makes you a resident for tax purposes for the year of 2021, not 2020. Just file married filing jointly and send the statement asking to be treated as a resident for the whole year with either a software that allows that or by paper. You will be eligible for all 3 stimulus checks.

Ooh, filing with the statement was what I was going to do but I didn't connect the dots that doing so would make me a resident for the whole year (of course!).

This is great news, I went from maybe I'll get one stimmy to all three haha

[jackiegringa 419]

To help others in the same situation: I will be claimed as a resident for the whole tax year of 2020 and will be able to claim the first and second stimulus check on my tax return. The third one is unclear when I will be able to claim it, maybe on the next tax return.

[jackiegringa 419]

I've received my tax refund with the first two stimulus payments included in it ($1200+$600) and then a week later I've received the third one ($1400) directly from the IRS to the same account. Hope this helps someone else out there!