Vazquezme
New Member

J-1 and j-2 filling taxes (W-7 and resident/non-resident status)

Hello,

my name is Emmanuel, here my background and questions:

I come to the US as a research scholar (J-1 visa 2-year rule) from Dec 2015 to Dec 2016, I worked at the university as a Research technician to complement my budget (starting at Jan 2016 to Nov 2016), I filled my tax return for 2016 on a 1040 NR.

Later, I completed my Ph.D. back in my country (Mexico) and come again to the US as a postdoctoral Researcher (J-1 no 2-year rule) in March 2019, I got married in July 2019 in Mexico and my wife joined me in Sept 2019 with aJ-2 Visa here at the US. 

I have my SSN since 2016, my wife don't have either SSN or ITIN
so here are my questions:
can I fill 2020 tax as a resident or as a non-resident alien?
If I can file my tax as a resident alien,

can I Fille married filling jointly and request the ITIN for my wife on 2020 tax return?

I have read a lot of tax law and seems really confusing, also, TAC office n my city is closed so I'm unable to check that with IRS directly.

 

Thanks in advance, 

Emmanuel