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Hi, I am a PhD student with a J1 visa. My wife has a J2 visa with a EAD work permit. Last year she earned less than $4050. Is she my dependent?

 
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1 Reply
JohnR1
New Member

Hi, I am a PhD student with a J1 visa. My wife has a J2 visa with a EAD work permit. Last year she earned less than $4050. Is she my dependent?

A spouse can never be a dependent, for U.S. federal tax purposes.

Please note that J-1 visa holders who substantially comply with the requirements of that visa, and who do not exceed the duration of their specific Visitor Exchange Program, are exempt from the Substantial Presence Test used to determine eligibility for being a resident alien for U.S. income tax purposes: this means that you are considered a nonresident alien.

As a nonresident alien you will need to file a Form 1040NR or Form 1040NR-EZ to report any U.S.-source income you have. TurboTax does not support Form 1040NR or Form 1040NR-EZ, so you will not be able to use TurboTax for your specific tax situation.

You may want to check out Sprintax, a partner of TurboTax, who are specifically geared towards international student nonresident aliens with 1040NR filing requirements - for more information visit https://www.sprintax.com/non-resident-alien-tax-1040nr-turbotax.html

For more information about nonresident alien status versus resident alien status, please see IRS Publication 519, US Tax Guide for Aliens:

https://www.irs.gov/pub/irs-pdf/p519.pdf

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