Hi,
I've been a F1 student since the fall of 2009, and I have had income since then. As I've only worked sporadically and have earned less than $3750 during 2009 and 2010, I didn't file for taxes (1040NR/EZ); but I also forgot to file the 8843 form for those two years. I only just came to realize this, are there any penalties for my mistake? Should I file for the forms for those two years now? Also, just to make sure, should I have filed 1040NR/EZ as well? Thank you!

There really is no formal penalty for not filing the Form 8843, but if you reach five years in country and want to extend your exempt status, it becomes REAL hard to do that if they do not have on file Forms 8843 for the previous five years.

You can get the past year forms from www.irs.gov. download 2009 and 2010 forms, complete them and mail them in late. Better late than never!

And if you earned LESS than #3,650 for either 2009 or 2010, you had NO legal obligation to file.

I'm so relieved, thank you!

Glad to help!