DanaB27
Expert Alumni

State tax filing

As a J-1 visa holder, you are considered a nonresident for two years from the first year you enter the US. There is a rule called the 6-year lookback rule for the J-1 visa. If you were exempt from counting days towards the substantial presence test for 2 out of the last 6 years, you cannot be exempt again. But being on a B1/B2 visa doesn't exempt you from the substantial presence test.

 

Therefore, you are exempt for 2020 and 2021 and will have to file Form 1040NR. TurboTax does not support Form 1040NR for a nonresident.  You can prepare your return through a company we partner with called Sprintax.

 

You cannot file Form 1040NR as married filing jointly.

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