Can an alien use Form 1040 to file tax return


K

Kevin

Hi everyone,

I am an F-1 student from China. I have been advised to use
Form 1040NR to file my federal tax return. By that way my
first $5000 income is exempted from the US tax. My question
is whether I can choose to use Form 1040?

The year of 2004 was the fourth year I was in the US. I will
have to use Form 1040 since 2005 anyway. What's the other
consequencies on my future such as my application for a
green card if the answer is yes and I choose so?

Thanks, Kevin
 
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A

A.G. Kalman

Kevin said:
I am an F-1 student from China. I have been advised to use
Form 1040NR to file my federal tax return. By that way my
first $5000 income is exempted from the US tax. My question
is whether I can choose to use Form 1040?

The year of 2004 was the fourth year I was in the US. I will
have to use Form 1040 since 2005 anyway. What's the other
consequencies on my future such as my application for a
green card if the answer is yes and I choose so?
You are exempt from the substantial presence test for five
years. If 2004 was year 4 then 2005 is year 5 and you are
still exempt. The $5000 exemption remains in effect for such
period of time as is reasonably necessary to complete the
education or training. This means that the $5000 exemption
is only available to you for the reasonably necessary time
frame (not necessarily five years).
 

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