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Lily M

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About Lily M

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  • Birthday March 9
  • Member # 319852
  • Location Berkeley, CA, USA

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Immigration Info

  • Immigration Status
    F-1 Visa
  • Place benefits filed at
    Local Office
  • Local Office
    Chicago IL
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  1. I'm not quite sure. My F1 status expired anyway. But, as far as I read, I think your status changes to AOS pending once you file for AOS, and you don't have your F1 anymore. Not sure though.
  2. Thank you for your response!!! You're right about the substantial presence test but I stayed here last year (and all the years ) under my F1 student visa. I was an exempt individual according to IRS. So, I didn't meet the substantial test. I definitely didn't pass the green card test either. I don't know how I should prepare my tax return. I don't want to mess up my I485 later in the future either.
  3. Hi, everyone! This might be a silly question but I'm actually very confused about it. I submitted my i485 package with i130 on 03/01/2019. I haven't received anything from USCIS yet. Now, I'm filling my tax return for 2018. I was under F1/ OPT visa all year 2018. I got married to my US citizen spouse in early Jan 2019. He filed his tax return for 2018 as single. I came to the U.S. in Aug 2015 under F1 visa and kept the F1 visa. My question is what my tax status was for year 2018? I would say NRA is the closest. Does that mean I don't need to pay the FICA tax(I believe under F1, you don't need to pay FICA) and can get the tax treaty benefit? (my country has $5000 tax treaty benefit) When I tried to file the 1040nr-ez form, it asked me "Have you ever applied to be a green card holder (lawful permanent resident) of the United States? " Should I say Yes to this question? Another question is "Have you ever changed your visa type (nonimmigrant status) or U.S. immigration status? . . . . . . If “Yes,” indicate the date and nature of the change." Should I answer Yes and list that I submitted my I485 in 2019? Or, should I still file as NRA but gave up the deduction of FICA tax refund and tax treaty benefit becasue I have immigration tendency? I don't think I should file as RA but I could be wrong. If I can file as RA, that would be great since the new tax act is not friendly to NRA at all Thanks, if anyone can give me any advice!
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