KarenJ2
Expert Alumni

Deductions & credits

If you have been on a J1 visa until August 2019 and then received a different visa, you are still a nonresident and cannot file a resident return with TurboTax unless you are married.

 

You would start counting your days of presence the day you receive your new visa in August 2019.  By December 31, 2019, you will *not* have 183 days of presence in the US to pass the substantial presence test.  You cannot include exempt days as days or presence in the US.

 

 Substantial Presence Test (SPT) You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for calendar year 2019.  

 

To meet this test, you must be physically present in the United States on at least:  

 

1. 31 days during 2019 and  

 

2. 183 days during the 3-year period that includes 2019, 2018, and 2017, counting:  

 

a. all the days your were present in 2019 and  

b. 1/3 of the days you were present in 2018, and 

c. 1/6 of the days your were present in 2017. 

 

You cannot count any days that you were exempt on a J1 visa.

 

If you are married then there is a way for you to file a married filing jointly tax return for 2019.  By using the First Year Choice and then the choice to file married filing jointly with your spouse.

Publication 519.

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