Am I considered a US resident for tax purposes with F-2 to F-1 visa change?
Hey everyone! I'm trying to figure out if I qualify as a US resident for tax purposes. I'm setting up an account to start trading stocks and this question came up during registration. The platform says I need to meet the "substantial presence test" to qualify. Here's my situation: I've been living in the US continuously since December 2019 (going on 6 years now). The tricky part is that I was originally here on an F-2 visa until March 2024, when I switched to an F-1 visa for my studies. From what I understand, the substantial presence test has something to do with how many days you've physically been in the country, but I'm confused about how my visa status affects this calculation. Does the fact that I was on an F-2 visa for most of my time here change anything? I've got a decent amount of money I want to invest, but I don't want to answer this question incorrectly and mess up my taxes. Any advice would be super helpful!
24 comments


Molly Chambers
The substantial presence test can be tricky for international students. Here's what you need to know: F-2 visa holders (dependents) and F-1 visa holders (students) are both considered "exempt individuals" for a portion of their stay in the US. For the substantial presence test, you 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, days when you're an "exempt individual" don't count toward this test. For F-1 students, you're generally considered an exempt individual for 5 calendar years. For F-2 dependents, the rules follow the primary visa holder. This means many of your days in the US likely don't count toward the substantial presence test. Given your situation changing from F-2 to F-1 recently, you're probably still considered a nonresident alien for tax purposes unless you've chosen to be treated as a resident alien using the "First-Year Choice" option.
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Ian Armstrong
•Wait, so if OP was on F-2 for almost 5 years and just switched to F-1, does the 5-year exempt clock restart? Or does time on F-2 count toward the 5 calendar years for F-1? This is confusing!
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Adrian Hughes
•Thanks for the detailed explanation! I didn't realize being on student visas made me an "exempt individual." Does this mean most of my time in the US doesn't count toward the substantial presence test? I'm a bit confused about one thing though - if I've been here for almost 5 years on F-2 and just recently switched to F-1, am I approaching the end of my exempt status? Would I become a resident for tax purposes soon?
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Molly Chambers
•The F-1 and F-2 exempt periods are tracked separately, so switching from F-2 to F-1 doesn't restart the 5-year clock completely, but it does change how it's calculated. The exempt status follows the primary purpose of your stay. Most of your time on F-2 likely doesn't count toward the substantial presence test. For F-1 students, the 5-year exemption period starts when you first enter the US on a student visa. After those 5 years, your days start counting toward the substantial presence test, potentially making you a resident alien for tax purposes in the future.
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Eli Butler
I went through this exact headache last year! The brokerage questions about tax residency are super confusing. Check out https://taxr.ai - it saved me hours of research. You can upload your visa documents, answer a few questions about your entry dates, and it will tell you if you qualify as a resident for tax purposes under the substantial presence test. I was switching between visas too (mine was H-4 to F-1) and couldn't figure out how my days counted. The tool breaks down which days count toward the test based on your specific visa history and gives you a clear answer you can reference when filling out the brokerage forms.
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Marcus Patterson
•How accurate is this tool? I'm in a similar situation (J-1 visa for 3 years, now on H-1B) and have been getting mixed answers from different tax advisors. Does it actually account for all the exceptions like the "exempt individual" rules?
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Lydia Bailey
•Do you need to provide your SSN or ITIN to use it? I'm always hesitant to input that kind of information online.
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Eli Butler
•The tool is extremely accurate - it uses the same calculation methods the IRS does and specifically accounts for exempt individual status based on different visa types. It considers all the technical details like the 5-year limit for students and scholars. You don't need to provide an SSN or ITIN to use the basic residency calculator. You just input your visa types, entry/exit dates, and answer a few questions about tax treaties. The system is secure, but they're careful about what information they require up front.
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Marcus Patterson
Just wanted to follow up - I tried the taxr.ai service after seeing it mentioned here, and it was actually super helpful! I uploaded my travel history from the I-94 website and my visa documents, and it gave me a detailed breakdown of my residency status. Turns out I was exempt for my J-1 years, but since switching to H-1B last year, I've accumulated enough days to be considered a resident alien for tax purposes this year. The report showed exactly which days counted toward the substantial presence test and which didn't. I finally got a clear answer I can rely on for my brokerage accounts and tax filing. It also explained some exceptions I didn't know about - like the "closer connection" exception that might apply if you don't intend to stay in the US permanently. Definitely worth checking out if you're trying to figure out your tax residency status with visa changes.
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Mateo Warren
Hey, I had the same issue when I started trading last year. If you're still waiting for a definitive answer on your tax status, you might want to call the IRS directly. I know that sounds like a nightmare (because it usually is), but I found a service called Claimyr (https://claimyr.com) that actually got me through to a real IRS agent in about 15 minutes instead of waiting on hold for hours. I was super confused about how my visa status affected my tax residency, and talking to an actual IRS representative cleared everything up. They have this video that shows how it works: https://youtu.be/_kiP6q8DX5c - basically they call and wait on hold for you, then call you once they have an agent on the line. For something important like determining your tax residency status, I'd recommend getting an official answer. The agent I spoke with walked me through the substantial presence test calculations and confirmed my status so I could confidently answer the brokerage questions.
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Sofia Price
•Does this actually work? I tried calling the IRS three times last month and gave up after being on hold for over an hour each time. How much does this service cost?
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Alice Coleman
•Sounds like a scam to me. Why would the IRS talk to some random third party about your tax situation? Don't they have strict privacy protocols?
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Mateo Warren
•It absolutely works - they don't talk to the IRS for you. The service just handles the waiting on hold part. When an agent answers, you get a call, and you're the one who talks directly to the IRS. It's like having someone physically wait in line for you. Regarding privacy, the service doesn't access any of your personal information. They simply initiate the call to the IRS general helpline and wait on hold, then connect you directly once an agent is available. You're the only one who discusses your specific tax situation with the IRS agent.
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Alice Coleman
I want to apologize for my skepticism earlier. I actually tried Claimyr this morning after spending two days trying to get through to the IRS myself with no luck. I was honestly shocked when I got a call back in about 20 minutes saying they had an IRS agent on the line. The agent was able to clarify my tax residency status based on my visa history (I'm on my 4th year of an H-1B after 2 years on OPT). She explained exactly how the substantial presence test applies in my situation and confirmed which tax forms I need to file this year. I'm still surprised it worked so well - would have saved me hours of frustration if I'd tried it sooner instead of being skeptical. Just wanted to share my experience in case others are in similar situations trying to get official answers about their tax status.
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Owen Jenkins
Your time on F-2 visa might be exempt from the substantial presence test! My tax advisor explained that F-2 visa holders generally follow the same exempt individual status as the F-1 visa holder they're dependent on. But here's something important to consider - if you're planning to trade stocks, your tax residency status affects how your investment income is taxed. Nonresident aliens are typically subject to a flat 30% tax on dividends (unless reduced by a tax treaty), while resident aliens are taxed at the graduated rates that apply to US citizens. Also, if you determine you're a nonresident alien, make sure your brokerage knows this - they need to withhold taxes properly on your behalf!
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Adrian Hughes
•That's a great point about the dividend taxation! I didn't even think about that aspect. Do you know if capital gains (from selling stocks) are treated differently for residents vs. nonresidents too?
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Owen Jenkins
•Capital gains are indeed treated differently! For nonresident aliens, capital gains from stock sales are generally exempt from US tax unless they're connected with a US trade or business (which most personal trading isn't). But if you're a resident alien, you're taxed on worldwide capital gains just like a US citizen. This is actually one situation where being a nonresident might be advantageous for certain types of investments. But it gets complicated if you have significant US presence but aren't quite meeting the substantial presence test. Always good to consult with a tax professional who specializes in international tax issues before making major investment decisions.
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Lilah Brooks
This is a bit off-topic but make sure whatever brokerage you're using actually allows non-resident aliens if that's your status! I had a friend who was on F-1, started trading with a popular app, then found out later they weren't supposed to be using it as a non-resident. Caused all kinds of headaches at tax time.
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Jackson Carter
•Yes! This happened to me too. I opened an account with [redacted broker name] and traded for months before finding out they don't fully support nonresident accounts. Had to transfer everything to a different brokerage that specializes in international clients. What a mess.
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Adrian Hughes
•Thanks for the warning! I hadn't even considered that some brokerages might not accept non-residents. Do you know which brokerages are better for international students in my situation?
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Logan Greenburg
•I've had good experiences with Charles Schwab International and Interactive Brokers - both are pretty accommodating for non-resident aliens and have clear processes for tax reporting. Fidelity is also solid if you end up being classified as a resident alien. The key is being upfront about your visa status during account opening. Most major brokerages will ask about your tax residency status and some will even help you figure it out. Just avoid the newer app-based brokers that might not have the infrastructure to handle international tax situations properly. Also, whatever you choose, make sure they can issue the proper tax forms (like 1042-S for non-residents) at year-end!
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Isabella Oliveira
Just wanted to add another perspective here - I went through a similar visa transition (F-2 to F-1) a couple years ago. One thing that really helped me was getting a copy of my complete I-94 travel history from the CBP website before trying to figure out my residency status. The substantial presence test calculations can get really complex with visa changes, especially when you're trying to figure out which days count as "exempt" vs "non-exempt." Having the exact entry/exit dates made it much easier to work through the math. Also, since you mentioned you've been here since December 2019, you're probably still within the 5-year exempt period for F-1 students (which started when you switched to F-1 in March 2024). But the F-2 time might have different rules depending on your spouse's/parent's visa status during that period. Given the amount of money you're planning to invest, it's probably worth getting professional advice from a tax attorney or CPA who specializes in international tax issues. The wrong classification could cost you way more in taxes than the consultation fee, especially with the dividend withholding differences others mentioned.
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Amina Diallo
•This is really helpful advice! I didn't know about the CBP website for getting I-94 travel history. That sounds like it would make the calculations much more straightforward than trying to remember all my entry/exit dates. You're right about the professional consultation being worth it given the investment amount. I'm realizing there are so many nuances I hadn't considered - like how my F-2 status might be tied to my spouse's/parent's visa situation during that time period. Do you happen to know if the 5-year F-1 exempt period calculation starts fresh when you switch from F-2 to F-1, or if there's some overlap/carryover? I'm trying to figure out if I'm close to the end of my exempt status or if I have more time before my days start counting toward the substantial presence test.
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Jacob Smithson
•The F-1 exempt period calculation is a bit tricky when transitioning from F-2. Generally, the 5-year exemption for F-1 students starts from when you first entered the US in F-1 status (March 2024 in your case), not when you were on F-2. However, if you were previously in the US as an F-1 student before switching to F-2, those earlier F-1 years would count toward your 5-year limit. Since you went directly from F-2 to F-1, you should have the full 5-year exemption period starting from March 2024. This means you'd be exempt from the substantial presence test until approximately March 2029, assuming you maintain F-1 status. The F-2 period (December 2019 - March 2024) would have its own exemption rules that typically follow the primary visa holder's status. Those days likely don't count toward your substantial presence test either, but for different reasons. I'd definitely recommend getting that I-94 history and consulting with a tax professional to confirm these calculations for your specific situation. The CBP website (i94.cbp.dhs.gov) makes it easy to get your complete travel history, which will be invaluable for any professional review.
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