Hello,
I am in a big mess here. I came to the US on Dec. 27th 2000 as an international student. I am still an international student but have filed for my Green Card thru a family petition.
Tax filing year Form-Filed
2001 -------------1040ez
2002--------------1040ez
2003--------------1040ez
2004--------------1040ez
2005--------------1040ez
2006--------------1040
I am Non-Resident Alien for Tax purposes up to filing year 2004 - is this correct?

Correct me if I am wrong, I should have filed 1040 NR and form 8843, until filing year 2004. I did not do that, what are the consequences? I was reading how it can affect when I apply for adjustment of status to a permanent resident, so should I go back and file form 8843 for those years, my adjustment of status is already pending thus I have submitted all these WRONG tax documents to the immigration? What about filing as a Resident alien while I should have filed as a Non-Resident?

I was on OPT in the year 2004 and 2005, and my employer did take Social Security and Medical taxes, can I go back and get those money back? Do I have to file 1040NR for 2004 and form 8843.

And last question, now that I am legally qualified as a resident aliene for tax purposes can I get the benefit of EIC, Lifetime learning credit etc?

I will appreciate your help. Thanks.
Sameer

AtlantaTaxExpert

You were a non-resident alien until 31 December 2004.

On 1 January 2005, you became a resident alien for tax purposes.

You filed incorrectly for 2000 through 2004, so you should amend those returns with Form 1040X and a properly-prepared Form 1040NR-EZ with the word "AMENDED" print on the top of the first page of the Form 1040NR-EZ. You can submit the Form 8843 with those amendments for each year in question.

You need to do this quickly!! Prepare the 2004 amended return first and GET IT SUBMITTED, because, in order to claim the FICA tax refund for 2004, the Form 843 must be filed no later than 15 April 2008. However, it will not be approved unless the IRS changes your 2004 status BACK to non-resident alien.

You were a resident alien in 2005, so you CANNOT claim teh FICA tax refund for that year.

Starting on 1 January 2005, you WERE eligible for the EIC and any education credit available in 2005 and beyond.

sameerp13

Thank you very much Atlanta Tax Expert for your expert opinion. I not only have this issue to deal with, but my parents also filed my petition for permanent residency in Jan 2002. Thus I was wondering if that changes my Non-Resident/Resident status for tax purposes because Line 13 in form 8843 does ask you about that fact. I finally called up IRS and talked to a person who knew about tax laws for foreign nationals and he told me that it has nothing to do with my Non-Resident/Resident status for tax purposes because although the application has been filled, but since I did not had a Green Card in my hand before 2004, I was a non-resident until 2004.

I talked to my employees, where I worked in 2004 (two places), to refund my SS and Medicare money and one already did, while I am waiting for a reply from the other one.
Thanks again, Atlanta Tax Expert. Your honest opinion is very invaluable.

onlybk

I have the exact same problem. Did you face any problem in the processing of your Green Card because you filed the incorrect forms?

sameerp13

Luckily not. I dont think that they pay that much attention to it. But, just to get the record straight I filed 1040-x for those years.

onlybk

Thanks for you quick response. I am in the process of amending my last three returns but what did you do with your earlier returns? IRS has told me that I can't amend beyond three years?

sameerp13

I still filed the ammendment for all of the years. They are not going to return it right? Atleast infront of the immigration officer you can say that you tried your best to rectify the problem.

onlybk

That's a neat idea. But did IRS accept/return money from those old years or did they just keep the documents without any money exchange?

sameerp13

As far as the money is concerned I had to get sos sec. money back. first you talk to your employer and request taht money, which what i did, if they give you that back its all well and good if not then you get that from irs. fortunately for me both of my employers returned my money back.

AtlantaTaxExpert

Sameer:

I am glad it worked out for you.