Hi, I need to know if I should file taxes before filling for a change of status.
I have been on a student F1 visa for all the years that I have worked. I just got married last year. I am getting my husbands tax return done (late) so I can apply for the change of status. I have never filled before because I thought would be better not to.
I was wondering if I could or should file before applying for the change of status and if so if I can file jointly.
I am currently a student. But won't be going to school anymore since I am getting everything ready to go.

Thank you

QUOTE," I have been on a student F1 visa for all the years that I have worked. . . I have never filled before because I thought would be better not to."---So, you actually had reportable income generated from your works in the past, but you didn't file your tax returns, did you? Then, the IRS can assess penalty and interest and seize U.S. bank assests( if you have). Fines and penalties can often amount to more than the original tax debt. As you know, notonlyF1 visa holders but J1 visa holders including their dependents HAVE TO file IRS Form 8843 even though they have no U.S. earned income or scholarships.
"I was wondering if I could or should file before applying for the change of status . . ."-- It truly depedns onyour free will and intention.But first of all, you need to settle your tax debt you owe the IRS. Your best bet(perhaps) is to always pay as much as you can to reduce the amount of interest and penalties you owe, or you can call, write or visit the nearest IRS office to explain your situation. Based on your situation, the IRS may offer one of the following resolutions to paying your bill.(i.e. Installment Agreement Request or ettc.)
" . . .and if so if I can file jointly . ."-- F1 visa is eligible for change in status. If you qualify for your visa status change, your tax filing status will be nonresident alien, a dual status, for 2010 unless you satisfy the 75% rule , the first year rule( by being in the United States for at least 75% of the number of days beginning with the first day of the 31-day period and ending with the last day of 2010, andyou meet the substantial presence test for 2011.) Under the first year choice rule, if your spouse is resident alien or US citizen, then you can file your 2010 tax return as MFJ as enire year resident alien and should report both US based and world wide income.

We need to know HOW LONG you have been in the U.S. on your F-1 visa (international student), plus what visa status your husband has.

We need to know HOW LONG you have been in the U.S. on your F-1 visa (international student), plus what visa status your husband has.

I have been in the US for about 7 years. I have changed schools more than two times. I have an associates degree in business. And I have been to Brazil at least 3 times. Between this time I have renewed my visa and have never been illegal. All these years I have been studying, whether was english or another subject, I have always been in school as an international student. I am still a student right now but I am about to file when I get this tax situation done, and so I won't go to school this semester.

My husband is actually an American citizen.

THANK YOU SO MUCH ;-)

I meant I am about to file for change of status not taxes. Since I don't know yet.

-- I actually did not know about this Form 8843. I have never really read anything about taxes and nobody ever mentioned to me. I did went to the tax dept once years ago and she said if I did not work I did not need to do anything. I am not sure if this is kind new. But I have never done it... since students are not supposed to work I was afraid to file all together.

I have worked but barely enough to survive. I did not make much. I think there was one year that I did $15.000 that's it.

For example if I file for last years the accountant said I would even get taxes back.

My fear is filing the taxes and getting in trouble with immigration. I thought it would be better to file after I get my change of status. But now I don't know. It seems like you think I should do it huh?

I will be using my husband tax return for the last year for the application for change of status and since he is filling late and I might be filling mine, I was wondering if would be all right for me to file with him.

It just seems sketchy, that I will be sending his tax return to proof source of income, in order to change my status, and I would be right there on the tax return, which is wrong right up front. Students are not suppose to work... But if there is nothing wrong with that, money wise, its actually better for us to file together ---

THANK YOU SO MUCH

QUOTE," My fear is filing the taxes and getting in trouble with immigration."--- There can also be immigration consequences for failing to file taxes. Applicants for permanent residency "green cards" are frequently asked to show proof of tax filing for previous years( I do not know how many years back) in the U.S.
" It seems like you think I should do it huh?!"-- If I were in your shoes, first of all, I'd contact local IRS office to settle the tax issue as said above; Needless to say, as you can see, When working and studying in the US, it is essential to ensure that your tax affairs comply with the rules and regulations of the US. Failure to do so means that you are breaking the tax law and can result in heavy fines, or even seriously in prisonment, too.

heidbenati,
You are in U.S. for over 7 years. You must file resident tax return. Also if you are married in 2009, so for 2009 you can file only as married filing jointly or married filing separately.

Agreed.

Based on your answer, you arrived in the U.S. in 2004, which means 2008 was the LAST year you could file as a non-resident alien.

For 2009, you need to file as a resident, either Jointly with your husband (probably the best way tax-wise) or Married Filing Separately.