[Suwarna]

I am a F1 student and I filed my very first tax forms (for year 2008) in last February 2009. I took the service from leading tax preparing company in usa to file my tax. They filed 1040A. I got my tax refund plus a stimulus package of $600 ( $300 per individual) additionally to the tax amount. As I am a married student to a F1 student, they asked us to file it as Married Filing jointly status.

I got my this year ( for 2009 which will be filed before 15th April of 2010) W-2 form and then I read IRS website clearly and it says that as a non resident alien I should file 1040 NR instead of 1040 EZ. Actually I need to do the right thing. So I am hoping to file 1040 NR for this year. But earlier I filed 1040 A ( which that company filed). But now we both need to file the correct form 1040NR seperatly.

What should we do on this? How can we do this? What will be the penelties? How can I get rid of the penelties? PLEASE TEL ME THE FORMAL PROCEDURE TO CORRECT THIS MISTAKE?

[MukatA]

Yes, on F-1 visa you must file nonresident tax return.
Now you should file file amended tax Form 1040X with properly done nonresident tax return and Form 8843. Pay the tax due. Attach a letter requesting for the waiver of the penalty on the tax unpaid. Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

You can go back to the leading tax preparing company to see how they can help you. They may agree to do your amended tax return for free. Normally, these tax shops have poor knowledge about nonresident tax filing.

[Suwarna]

Thanks a lot MukatA. I have some more questions. Please answer those as well. I appreciate it a lot.
1. Does my wife and myself has to file two separate sets of 1040X and 1040NR ?
2. Is it 1040NR or 1040NR-EZ?
3. What will be the impact on applying for the GREEN CARD from this amendment? I am worrying as thinking this amendment will affect my GREEN CARD application in a bad way in the future?
4. How can we pay back the stimulus amount we got last time ($300 per person)?
5. What should we write on the waiver requesting letter?

please please do reply asap.
I appeciate it a lot.

thanks

[MukatA]

I think you should get professional help. Contact AtlantaTaxExpert [email protected].

[Suwarna]

Thanks MukatA, I will contact them. But can'y you recommend me any answer for this?
Thanks again for your early reply...