pk
Level 15
Level 15

Get your taxes done using TurboTax

@Budi1782 , agreeing with  @RalphH1  on the general requirements  @ShirlynW  on "how to" of the filing and thanking for your answers to my questions, I need to correct one assumption -- that your spouse was a Non-Resident and filing ( filing 1040-NR ? ) for the years  prior to 2022 and after 2019.  The error was because  J-1  can be for a student/ trainee / teacher/ researcher.  The fact that she  was exempt  from paying taxes for the first two  years implies that she was admitted as teacher/ researcher and thus was not an exempt  person post  two years from the date of entry.

That being the case , yes she would have passed the SPT sometime in 2020.  Once you become a resident for tax purposes , you are a resident for all the following years as long as you meet the genera requirements of residency.  Thus  you do not need any special  request to for her to be considered a resident for tax purposes -- she is already one.  The days  abroad for work/ pleasure  -- given the numbers you mentioned  -- would have no effect.

Thus  please follow the  normal  TurboTax methods  ( as outline by @ShirlynW  ) to file your joint return and YES , you should be able to e-file.

Hope that this clarifies everything for you

 

pk

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