F1 - AOS & 1098-T

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 Hello Guys I am on F1 currently about to go through AOS(Marriage based). I had filed 1098-t on 2009 and 2010 and have received $1000 from IRS each time. I do not rmemeber if they asked to choose any option like if I am a citizen, resident, etc. As far as my understanding goes, I think F1 is not eligible to receive the grant. Will the immigration find out that I had recived the grant, since they are so concerned about if I ever claimed as US citizen? I think lot of nepali plp did file for 1098-t, so does any one has any expereince related to the case from Immigration point of view(esp from F1 to GC cases) ? Is there any ramifications?

fiji_water · Nov 15, 2011 1:14 PM · 10,511 views

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First of all, F1 students will not file a Form 1040. They will file a Form 1040NR. 1040 is for residents and citizens. You can only get the education credit if you file 1040. 1040NR is for non residents. F1 students are Non Residents. Non Residents do not receive the credit for education. You should contact a tax professional or an immigration lawyer for your case.  Internal Revenue Service and Homeland Security do exchange information. I can give you the contact info for a reputed CPA firm in Maryland who gives 30 minutes free consultation. Let me know if you prefer. Thanks

goenkaraj · Nov 15, 2011 7:17 PM

 Well what goenkaraj said is correct too. But since your AOS is based on marriage I would think as long as you paid the tax they would prefer not to dig into. Strictly shut your mouth and do not even go into that direction. If they really point you that, then tell them you made a mistake ....blah blah blah...I dont know what else to suggest..Good luck.

sanju.baba · Nov 15, 2011 8:10 PM

 goenkaraj n sanju babathank you for the suggestion, But I was talking about 1098-t form not the 1040.   1098-t form is the "tuition statement" for college and educational related expenses...and IRS refund $1000 per student if their books and tuition exceeds like $ 2000/ yr. As long as paying tax goes, I don;t have income. so you are saying that homeland security will get my Tax info before my interview?

Fiji_water · Nov 15, 2011 11:35 PM

 Also goenkaraj if you could provide me the information of CPA, that would be great help. 

Fiji_water · Nov 15, 2011 11:41 PM

First, you do not get $1000 from 1098-T.  You get it when you file your taxes thru Turbotax, HR Block or other online providers.  Visit www.esullivan.net to get the contact details for the CPAs and you will also find out about the 30 minutes free consultation on the website.

goenkaraj · Nov 17, 2011 7:54 PM

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