pk
Level 15
Level 15

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@Illia , thank you for your answers to my questions.

(a) Have gone through the US-Ukraine tax treaty again and while there are  significant differences  ( from many others that I am aware of ) in articles treating students, researchers etc., there is nothing  that precludes  a resident/ national from "extending" tax residency .  However, I do note that Ukraine also determines tax residency  based on citizenship ( when there is ambiguity in tax residency). Also that Ukraine taxes its residents based on world income.

(b) Noting that for US immigration purposes, a J visa holder  is allowed 30 days of stay-over at the end of  contract with the sponsor  ( J visa sponsoring org.)

Therefore my conclusion that  there is nothing preventing your parents filing a MFJ for the whole of 2025 as long as they include /allow /recognize  their world income for the entire  calendar year.  For 2026 they then have only 1040-NR to file covering any US sourced income.

Unless they plan to come back to US, they should consult with a tax-professional (familiar with  international taxation) on how to proceed with tax deferred accounts like 401(k) or similar.

 

Is there more I can do for you ?

 

pk