In general, individuals who are considered RESIDENTS for tax purposes will be taxed differently than those who are considered NON-RESIDENTS. They will also file a different tax form (IRS 1040 for Tax Residents and IRS 1040-NR for Non-Residents).
All F-1 and J-1 students start as NON-RESIDENTS for Tax Purposes when they come initially to the United States. Your Tax Residency status may change if you:
- Stay in the US for more than 5 calendar years (Jan-Dec)
- Change Visa status to H1B or become a permanent resident/receive a green card in the US
If you are married, and your spouse is considered a RESIDENT for tax purpose, you may have the option to file your taxes jointly with them as a RESIDENT.
The easiest way to verify your tax status is to create an account on Sprintax and complete the Residency test.