Hi there!

I've been looking for an answer to my question regarding me filing with a 1040 instead of a 1040NR, and I found some answers that were useful and pretty much I know what to do in case I need to amend my status. My question is the following, right now I'm a student with a F-1 visa from Mexico but I'm becoming a US permanent resident in 2008 and since I already checked and there is no problem with the INS because of the privacy rules that the IRS has and as a matter of fact I never owed takes, but instead I received refunds because I never earned more than 3500 dlls a year in wages, do I really have to go through all that if I will become a resident and will change my status from 1040NR to 1040 in a year or so??? is it really worth it??

Here are my earnings per year:

2001: 594.10 refund: 132.40

2002: 293.28 refund: 66.20

2003: 353.16 refund: 66.20

2004: 3,424.99 refund: 340.55

2005: 3200 refund: 314.04

2006: 2622.55 refund: 33

As you can see I did not work a lot, and my employer never took SS or Medicare from my check...

thanks a lot for your help !!

AtlantaTaxExpert

It is entirely up to you if you want to fix the problem or not. Like you said, no additional tax will be due.

However, the USCIS will ask if you filed and will check to see if you filed correctly. Based on what you have said, you did NOT file correctly.

YOU have to decide if you want to risk it!

If you need my professional tax help, contact me at .

gumi8247

Thank you so much for your reply,

Based on what you said, well it does not hurt to change the status, I don't loose anything I'll change it

Thanks again

AtlantaTaxExpert

Glad to help!

gumi8247

Another question, I do have my W-2's from all the years I filed incorrectly but I do recall that when I filed my taxes in 2003 I declared that I had received a scholarship for studying abroad for a semester, do I have to get copies of my last 1040's (2001-2005) in case I'm forgetting some more details or can I just re-do the 1040NR-EZ with the information I have from the W-2's??

thanks again Atlanta and I mean from all of us...

AtlantaTaxExpert

I would look over the 1040s before your amend the returns. Like you said, it's hard to remember those kind of details from four years ago.

If you do not have the returns, contact the IRS and ask for the tax script, which will be mailed to you free of charge. The script is a little hard to read, but not impossible, and you can use it to re-construct your tax returns.

gumi8247

While doing research about how to fill out the 1040NREZ form, I also found that we, the students, have to file another form 8843 along with the 1040NREZ, if I'm amending it, do I also have to include this form along with the 1040X and that year's 1040NREZ?? because i've never filed such form. Also, one of my friends (also F-1 student from Mexico) had a W-2 with wages:6,038.50, federal income tax withheld: 62.90 social security wages: 923.00 medicare wages and tips 923.00, SS Tax withheld of 57.23 and Medicare tax of 13.38. We made all the calculations deducted 3300 from income and found out that he had to pay 211.11. Is this correct? or we have (Mexico) a tax treaty as India has with the US and are able to claim the extra standard deduction...

Thanks a bunch and sorry for all the questions but he have to get it done

AtlantaTaxExpert

I would go ahead and file the Form 8843 when you file the amendment. It gets in back within the limits of the law.

No, Mexico does not have any treaty exemptions at all.

gumi8247

Finally I filled out everything, but one last question before I send them. This questions is the only one that was not that clear to me, I even called the IRS, you said that according to my earnings no tax would be due, but when I called them to ask them about something else they told me that I'm just eligible to claim the personal exemption (this year's 3300) so that means that for the year when I earned for than 3000 bucks I will have to give back a portion of the refund they gave me at that time???

thanks a lot for your advice beforehand

AtlantaTaxExpert

You will have to give something back for 2004, but NOT much!