@okita273 , having gone through the discussion here-in, I would first like to get some more information to understand the situation:
(a) which country are you from ( both of you from same country or ? )
(b) Was the child born here in USA ?
( c) Do you ( the parents ) each have SSN as part of your employment here in the USA?
(d) The husband ( J-1) was admitted as what ( Teacher / Trainee / Student / Researcher etc. etc. )
(e) Is he exempt ( from counting days present)? and how long is the contract for ?
(f) Who is paying the Husband ( if not a student )? And how is it being reported W-2 or 1042-S ?
And some comments --- 1. Not being taxed on income per treaty does not mean not having to file a return ( whether 1040 or 1040-NR ); 2. Whether jointly filed ( MFJ ) or Separately ( MFS), there interactions between the filings i.e. for many purposes , one affects the other.
Please answer my questions and I will circle back and help
@Critter-3
