[Urgent] Tax Status for 2005 while I-485 is in process

[abhp123]

Hi,

Would you be considered a Resident or Non-resident alien for tax purposes if you
started the AOS process in 2005 and Recvd your EAD? I was on H1 for part of the year and since my husband is a citizen and we are filing jointly..do I need to file as a resident or non-resident alien?

Thanks in advance!

[princesskate]

You're always a non-resident alien until USCIS approves your I-485.

By the way, I wasn't asked for this question when I filed tax return...

[payala]

There's a different form for residents and non-residents. I'm an F-1 in the AOS process but I still filled out the 1040NR-EZ (the NR stands for non-resident)

[tapskap]

I believe you have to stay in the country for six months and then u become an alien resident worker.I am on H1 and I have been filing as a resident since last two years.And so have all my H1 friends.

[ari4u]

This is from IRS. Look at flowchart in chapter 1. This should answer all your questions.
http://www.irs.gov/pub/irs-pdf/p519.pdf

[lakelady]

resided or non-resident for tax puposes has nothing to do with immigrant or non-immigrant status! If you were in the country for more than 183 days, you are a resident for tax purposes!