Am I considered a US resident for tax purposes with F-2 then F-1 visa status?
Hey everyone! I'm trying to start investing in stocks and one of the questions on the application is asking if I'm a US resident for tax purposes. I honestly have no clue how to answer this. From what I understand, I need to meet something called the "substantial presence test" to qualify. I've been living in the US continuously since September 2019 (going on my 6th year now), but here's where it gets complicated: I was on an F-2 visa until May 2024 when I switched to an F-1 visa. Does the time on my F-2 visa count toward the substantial presence test? Or does only my F-1 time count? I'm really confused about how this works for tax residency purposes. Any advice would be greatly appreciated! I don't want to answer incorrectly and get in trouble later.
20 comments


Noah Irving
The substantial presence test can be tricky when dealing with student visas! For F visa holders, it depends on how long you've been in the US and your specific visa type. For the substantial presence test, you generally need to be physically present in the US for at least 31 days during the current year AND 183 days during a 3-year period (counting all days in current year, 1/3 of days in previous year, and 1/6 of days in year before that). However, F-2 visa holders (dependents of F-1 students) are typically considered "exempt individuals" for the first 5 calendar years of their stay. This means those days don't count toward the substantial presence test. Once you switched to F-1, you're still considered an exempt individual for your first 5 calendar years in that status. Based on what you've shared, you likely don't meet the substantial presence test yet and would be considered a nonresident alien for tax purposes. But this depends on your exact entry dates and visa transition timeline.
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Vanessa Chang
•Wait, I'm confused. If I'm on an F-1 and have been here for 3 years, am I a resident for tax purposes or not? And does the 5-year exemption period restart when you change visa types?
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Noah Irving
•For F-1 students, your first 5 calendar years in the US don't count toward the substantial presence test - you're considered an "exempt individual" during that time. So if you've been on F-1 for only 3 years, you're still in that exempt period and would generally be considered a nonresident alien for tax purposes. The 5-year exemption period is based on your immigration status. If you change from one exempt status (like F-2) to another exempt status (like F-1), each status has its own exemption period. However, there are aggregate limits that can apply to your total time as an exempt individual.
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Madison King
I went through this exact same situation last year! Check out https://taxr.ai - it saved me so much headache figuring out my residency status. I was also on an F visa and wasn't sure how to answer this question when I started investing. Their system analyzed my travel history and visa status changes, then gave me a clear answer about my tax residency status. They even explained how the substantial presence test applied to my specific situation with all the exempt days calculated correctly.
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Julian Paolo
•How does it work exactly? Do I need to upload my passport or visa documents? I'm worried about sharing that kind of personal information.
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Ella Knight
•Is it really accurate tho? Immigration status for tax purposes is complicated and I'd be worried about getting wrong advice from some random website.
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Madison King
•You just answer questions about your visa history and time in the US - no need to upload actual passport or visa documents. They only ask for the information needed to determine your status correctly, like entry dates and visa types. For accuracy, it's designed specifically for situations like yours with international students and visa holders. Their system applies the exact IRS rules for the substantial presence test, including all the exceptions for F visas. The analysis comes with references to the specific tax codes and IRS publications too.
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Julian Paolo
Just wanted to update everyone - I tried https://taxr.ai after seeing the recommendation here. It was actually really helpful! I entered my visa history (I had J-1 and then F-1) and all my travel dates. The system correctly identified which days counted as "exempt" days and which counted toward the substantial presence test. Turns out I was misunderstanding how the 5-year exemption worked. For anyone else confused about their tax residency status with student visas, it's definitely worth checking out. Saved me from potentially filing incorrectly!
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William Schwarz
If you're struggling to get answers about your tax residency status, you might want to try Claimyr (https://claimyr.com). I was in a similar situation last year with visa changes and needed to speak directly with the IRS to confirm my status. Regular IRS phone lines had me waiting FOREVER, but Claimyr got me through to an actual agent in about 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent was able to review my specific situation and confirmed exactly how I should file. With visa status questions like yours, sometimes you need to speak directly with someone who can see your full tax history.
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Lauren Johnson
•How does Claimyr actually work? Do they just call the IRS for you or something? I don't understand how they get through when everyone else is waiting for hours.
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Jade Santiago
•Yeah right, sounds like a scam. No way they can magically get through to the IRS when millions of people can't. They probably just keep you on hold themselves and charge you for it.
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William Schwarz
•They use a technology that navigates the IRS phone system and holds your place in line. When an agent is about to pick up, you get a call back so you can speak directly with the IRS. No one is calling "for you" - you're the one who talks to the actual IRS agent. The reason it works is because their system can stay on hold 24/7 and knows exactly when to navigate the IRS phone menus. It's basically doing the waiting for you. There's nothing "magical" about it - just efficient use of technology to solve a common problem.
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Jade Santiago
I have to admit I was completely wrong about Claimyr. I was super skeptical, but after struggling to get through to the IRS for THREE WEEKS to clarify my F-1 OPT tax status, I tried it. The service actually worked exactly as advertised. I got a call back within 25 minutes and spoke directly to an IRS agent who confirmed my tax residency status. The agent walked me through how the substantial presence test applies specifically to my situation with the visa change. Definitely worth it for peace of mind knowing I'm filing correctly. Sorry for being so cynical before!
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Caleb Stone
Make sure you understand the difference between tax residency and immigration residency - they're totally different things! For tax purposes, being a "resident" doesn't affect your immigration status at all. It just determines which tax forms you file and what income gets taxed. As an F-1 student, you'll file Form 8843 for each year you're exempt from the substantial presence test. After your exempt period ends (usually after 5 calendar years), then you might qualify as a resident for tax purposes if you meet the substantial presence test.
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Katherine Ziminski
•That's really helpful to know! So even if I'm considered a "nonresident alien" for tax purposes, it doesn't affect my immigration status at all? And do I need to file that Form 8843 even if I don't have any income?
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Caleb Stone
•Correct - your tax residency status has absolutely no impact on your immigration status. They're completely separate systems with different rules. Yes, you should file Form 8843 even if you have no income to report. It's not actually a tax return, but rather a statement that explains why you're exempt from the substantial presence test. All F-1 students need to file this form each year they're in exempt status, regardless of whether they earned any money.
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Daniel Price
Just to add some practical advice - when investment platforms ask if you're a US resident for tax purposes, they're usually trying to determine if they need to collect a W-9 (for US residents) or W-8BEN (for nonresidents). If you're a nonresident alien for tax purposes based on the substantial presence test, you'll generally need to fill out a W-8BEN form for your investment account. This tells the broker to apply the appropriate tax withholding to any investment income.
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Olivia Evans
•Thats important! Different tax withholding rates apply to dividends for residents vs nonresidents. Nonresidents typically have 30% withheld unless theres a tax treaty with their home country that provides a lower rate.
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Sergio Neal
This is such a common confusion for international students! Based on what you've described, you're likely still considered a nonresident alien for tax purposes. Here's the key thing about F-2 to F-1 transitions: F-2 visa holders are "exempt individuals" for their first 5 calendar years, and F-1 students have their own separate 5-year exemption period. Since you were on F-2 from 2019-2024 (about 5+ years) and just switched to F-1 in May 2024, you're now in your first year of F-1 status. For the substantial presence test, your F-2 days likely don't count because of the exempt individual rules. Your F-1 days starting in May 2024 also don't count since you're in the beginning of that 5-year exempt period. When filling out investment applications, you'll probably need to indicate you're a nonresident for tax purposes and complete a W-8BEN form instead of a W-9. But definitely verify this with a tax professional or the IRS directly since visa timing and transitions can have nuances that affect the calculation. Don't forget you'll also need to file Form 8843 each year to document your exempt status!
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Mikayla Brown
•This is really helpful, thank you! Just to make sure I understand correctly - so even though I've been in the US for almost 6 years total, because I was on F-2 status for most of that time and just switched to F-1, I'm basically starting fresh with the F-1 exemption period? And when you mention verifying with the IRS directly, would something like that Claimyr service people mentioned above actually be useful for this type of question? I'm a bit nervous about making the wrong choice on my investment application.
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