[mensoe]

Hello,

I am an international student and am a nonresident alien for tax purposes. I know that after being here 5 years I can file as a resident, but this is my last year of the 5 and should still be filing as a nonresident alien. What would happen if I tried to file as a resident? Is it illegal? I used an online tax preparation program that said I could get a refund of over $800, and if I file as a nonresident alien, I have to pay $15. It seems like a really big difference, so I was wondering if it would be okay to file as resident.

Thank you,

mensoe

[MukatA]

It may be possible that IRS reject your resident return. Then you will have to file nonresident tax return and pay interest and penalty.
You must file proper tax return. Most of the software don't do nonresident tax return. You will also file Form 8843. You will get deduction as per tax treaty.

[AtlantaTaxExpert]

MukatA has it right; you are legally obligated to file as a non-resident alien.

Even if the tax return is accepted and the IRS never figures out you filed incorrectly, if you later apply for a green card, the applications asks if you have paid taxes and have filed correctly.

The USCIS will ask the IRS to check your return history, at which point the IRS would then determine that you filed incorrectly and report the same to the USCIS. That could result in your green card application being rejected.

So ask yourself this question: is the $800+ refund worth the risk?