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!