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    oneofthefew's Avatar
    oneofthefew Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Feb 7, 2007, 08:36 AM
    F1 > 5 years. How to extend non-resident status to claim treaty ?
    Hello,
    I have been on the F1 status since Aug 2001. Apart from my 6-month travel break in 2004, I have not left the country. My question is regarding my filing status (federal and state). I believe I am a resident now, as I have stayed in F1 longer than 5 years. Is there a way to extend this period, and file an application to extend my status as a non-resident ?
    If not what are the deductions I can claim?
    Also, as my stay has been longer than 5 years, there is a section in the 1040 form that requires me to state that I will not apply for green-card. I am not sure of my future plans and I do not want to rule out any possibilities. How should I answer this question and what are the implications?
    Thanks again.
    Andy
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 8, 2007, 12:00 AM
    Andy:

    You cannot extend the F-1 visa. You are a resident alien. Welcome to the club of taxpayer. :-)

    The section of which you speak is on Form 1040NR, not 1040.

    Since you cannot file Form 1040NR, your question is moot.
    oneofthefew's Avatar
    oneofthefew Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Feb 8, 2007, 12:11 PM
    Hey ATE,
    I am still a doctoral student and would be graduating in 4 months, so I am still on F1. That's why I asked. But I guess irrespective, > 5 years would automatically make you a resident alien. Right ?
    Thanks for the super fast response.
    Andy
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Feb 8, 2007, 07:15 PM
    Andy:

    Regardless of your F-1 visa status, on 1 January 2006, you became a resident alien for tax purposes.
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