A question on my filing status as a J1 visa holder

[MohIsmail12]

Hi, I am confused regarding my filing status.

I am a J1 visa holder (physician). I entered the US on a J-1 research scholar visa on 4/5/2020 and switched to J1 physician status to start my medical residency on 7/8/2020. I have been in the US since then and did not leave. 

When I count my days for the Substantial presence test. I do pass it, however, I have read that I shouldn't count the days while on a J1 visa because I am considered an exempt individual!. However, I have many friends on a J1 visa and they file their taxes as resident Aliens!!

What is my filing status now?

I also entered the US many times in 2017, 2018, and 2019 on a B1/B2 visa for exams, medical observerships, and interviews. Do these days count?

I got married to a Non-US Citizen and she entered the US in October 2021 on a J-2 dependent visa. Can we file together?

I really appreciate your input. Thank you!

[DanaB27 · Accepted solution]

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.

[MohIsmail12]

Thank you so much for your input