J1 student since July 2017. Am I a resident for tax purposes this year when i file tax for 2020?

[susanh1911]

I was on a J1 visa since July 2017, I paper filed my taxes in the past three years as non-resident alien. I got married to US Citizen in 2020 and we are filing jointly for 2020 tax now. Am i a resident for tax purposes now as I am here for more than 3years? Some says J1 need 5years to be treated as resident for tax purposes: some says 3years. What is correct in my situation? Do we (me and my US citizen spouse) need to attach a letter stating that I would like to be treated as a resident when we file the tax married jointly for the year 2020? Can we e-file jointly? Please advise. Thanks so much.

[DanaB27]

Generally, as a J-1 visa holder (teacher and trainee) you are considered a nonresident for two years from the first year you enter the US.

But a J-1 alien can exclude U.S. days of presence as a “student” for purposes of the Substantial Presence Test for up to five calendar years. The five-year limit is a lifetime limit that can’t be renewed but may be extended if certain conditions are met. For detail information, see Exempt Individual - Who is a Student.

Please see Taxation of Alien Individuals by Immigration Status – J-1 for additional information.
 

If you meet the student qualification then you would be considered a nonresident and would have to attach a statement and paper file your return to file married filing jointly. Please see IRS Nonresident Alien Spouse for more details. 

[susanh1911]

Hi I am not sure if i get this right as I am not sure about the substantial compliance meaning in the flow chart.  I thought I am qualified to be treated as a resident as I am here for more than 3years and paid taxes so i pass the substantial presence test. Am I qualified? I just want to avoid the fuss with writing a letter with my spouse and paper filing the tax as we are approaching the deadline. We would like to use Turbotax once we sure of what we need to do. Thank you very much. 

[DanaB27]

You are considered to have substantially complied with the visa requirements if you have not engaged in activities that are prohibited by U.S. immigration laws and could result in the loss of your nonimmigrant status.

It will depend if you were a full-time student or not (please see my answer above for details) if you met the Substantial Presence Test.