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Income Tax Return

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Filed: AOS (pnd) Country: Malaysia
Timeline

Social security and medicare tax were withheld even though I was on my OPT. I learned that you don't pay the social security and medicare taxes if you are on OPT but I'm not too sure if I was reading the correct thing. I believe that I wasn't taxed as an international student when I was at work last year. Now I'm confused; should I file my taxes with form 1040nr-ez or file it like a resident ie. 1040ez? My hubby and I thought of filing our taxes separately this year because I thought I should probably file as a nonresident as I was on my OPT last year. Now I'm so lost and it's the last week to file taxes! :( Please help me? Thank you!


Adjusting Status from F-1 Visa
• Dec 2007 - Arrived for the first time for college • Jan 2008 - Met the beloved • Sept 11th, 2009 - Started dating •
• Dec 2010 - Graduated from college • Feb 17th, 2011 - Status changed from F-1 to OPT (OPT ends Feb 17th 2012) •
• Mar 2011 - Received EAD card and employment began • Sept 12th, 2011 - Married! •

Jan 11th, 2012 (Day 0) - Mailed I-130/I-485/I-765/I-131 to Chicago Lockbox
Jan 12th, 2012 (Day 1) - Application received by USCIS J.C.
Jan 17th, 2012 (Day 5) - 4 NOA received via text and email
Jan 18th, 2012 (Day 6) - Checks cashed
Jan 23rd, 2012 (Day 11) - Received 3 NOA hardcopies (I130, I765, I131)
Jan 30th, 2012 (Day 19) - Received NOA hardcopy for I485 and Biometrics appointment letter. (Error was found on address (FL instead of AL) and biometrics was scheduled at the local office (Tampa,FL) that is 8hrs away)
Jan 31st, 2012 (Day 20) - Called USCIS Customer Service to inform them of their clerical error. Spoke to tier 2 rep and was told to walk in on the scheduled date for biometrics at the nearest office (New Orleans, LA))
Feb 8th, 2012 (Day 28) - Biometrics completed at ASC in New Orleans
Feb 27th, 2012 (Day 47) - Interview for I-485 on March 30th, received via text/email from USCIS
Mar 16th, 2012 (Day 65) - EAD/AP card arrived in mail!
Mar 30th, 2012 (Day 79) - AoS Interview at Atlanta, GA; APPROVED!
Apr 9th, 2012 (Day 89) - Green Card in hand! THANK YOU VJers! (Expiration March 30, 2014)

RoC I-751

Feb 6th, 2014 (Day 0) - Mailed I-751 packet to VSC (USPS Express)

Feb 7th, 2014 (Day 1) - Packet received by USCIS L Juchowski

Feb 10th, 2014 (Day 4) - Received NOA1

Feb 12th, 2014 (Day 6) - Check cashed by VSC

Mar 3rd, 2014 (Day 25) - Received Biometrics Appointment letter (Dated Feb 24 for appointment on March 18 @ Metairie, LA)

Mar 11, 2014 (Day 33) - Early walk-in at the ASC in Birmingham, AL

Apr 13, 2014 (Day 66) - Change of Address

Jul 28, 2014 (Day 172) - Email/Text from USCIS: Card Production (Approval)

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Social security and medicare tax were withheld even though I was on my OPT. I learned that you don't pay the social security and medicare taxes if you are on OPT but I'm not too sure if I was reading the correct thing. I believe that I wasn't taxed as an international student when I was at work last year. Now I'm confused; should I file my taxes with form 1040nr-ez or file it like a resident ie. 1040ez? My hubby and I thought of filing our taxes separately this year because I thought I should probably file as a nonresident as I was on my OPT last year. Now I'm so lost and it's the last week to file taxes! :( Please help me? Thank you!

Pls note that Resident for tax purposes differs from Lawful Permanent resident(GC holder).

As an international student, you can file taxes as resident if you meet certain conditions

From the IRS website, http://www.irs.gov/pub/irs-pdf/p519.pdf see page 5 for guide

You are a resident alien of the United States for

tax purposes if you meet either the green card test or the substantial presence test for calendar year 2011 (January 1–December 31)

which is were you in the US for atleast 183 days in 2011?

Substantial presence test can also be said to have passed if you've been in the US for at atleast 183 days for the year 2011,2010 & 2009 combine?

Better still, speak to a tax expert

Edited by ClassyBee

 

AOS for Parent (From B1/B2 visa)

12/14/2016 Day 01 AOS Package delivered @ Chicago lockbox (Mailed out 12/14/2016)
12/27/2016 Day 13 E-notification for I-130, I-131, I-485, I-765 NOAs (check cashed 12/22)

12/31/2016 Day 17 I-130, I-131, I-485, I-765 NOAs delivered
01/07/2017 Day 24 Received Bio metric letter(I-765 & I-485) set for January 18 (Day 35)

04/10/2017 Day 117 E-notification Card Production for EAD(I-765) & AP(I-131) approval
04/20/2017 Day 127 Received EAD & AP combo card

06/02/2017 Day 170 E-notification for AOS (I-485) Interview July 7, 2017 @ Phoenix

07/07/2017 Day 205 AOS approved on the spot. {E-alerts: Card production on                             07/10/2017 Day 208 E-notifications: I-130 & I-485 approvals  "We mailed card.." (07/12)}

07/14/2017 Day 212 GC delivered

Click tab below to show more

 

Married  01/06/2012

AOS from F-1

02/13/2012 Day 00 Mailed AOS Package to USICS Chicago lockbox
02/14/2012 Day 01 AOS Package delivered @ Chicago lockbox
02/21/2012 Day 08 E-notification for I-130, I-131, I-485, I-765 NOAs
03/19/2012 Day 35 Received ASC Bio appointment letter(I-765 & I-485) set for April 5 (Walk-in 03/19)
04/05/2012 Day 52 E-notification for AOS (I-485) Interview set for May 7, 2012
04/1 1/2012 Day 58 E-notification Card Production for EAD(I-765) & AP(I-131) approval
04/20/2012 Day 67 Received EAD & AP combo card
05/07/2012 Day 84 AOS(I-485) Interview, No decision on the spot. E-notification for approval next day
05/16/2012 Day 93 Conditional Green card received
ROC
02/08/2014 Day 00 Mailed ROC Package to USCIS CSC
02/12/2014 Day 04 I-751 Payment Check drawn from account
02/14/2014 Day 06 Received NOA1 letter dated 02/10/2014
02/21/2014 Day 13 Received ASC Bio appointment letter set for 03/07/14
05/28/2014 Day 109 E-notification for ROC approved
06/04/2014 Day 116 10 year Green card received

Naturalization
03/11/2015 Day 00 Mailed N400 Package to Phoenix Lock-Box
03/16/2015 Day 05 E-notification for N400 NOA
03/21/2015 Day 10 Received NOA letter dated 03/16/2015
03/27/2015 Day 16 Received ASC Bio appointment letter set for 04/07/15
04/09/2015 Day 29 In line for N400 Interview
06/1 1/2015 Day 92 Received N-400 Interview letter set for 07/14/15
07/14/2015 Day 125 Naturalization Interview (Recommended for Approval)

08/12/2015 Day 154 Received Oath Ceremony letter set for 09/09/2015

09/09/2015 Day 182 Nu American! Register to vote & Apply for US Passport ...@ same Bloomington city Hall

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