I am J2 Visa holder but apparently I am a resident for tax purposes

[Luis F]

Hello! I am overwhelm with this situation.

I arrived to the US as a J2 on February 3 2021 and I did not work during the whole year (not income 2021). I understand that I have to file at least the form 8843.

2020 - no days in the US

2019 - no days in the US

*I had in 2015-2016 another J2 visa (I think here is the reason but still I dont know what should I do?)

I tried with Sprintax but in the first stage I got a answer saying that I have to use TurboTax because I am a resident for tax purposes. But the problem is that even with TurboTax nobody help me because the experts dont know what to do...

@ErnieS0 maybe you are the right person (please, help)   

[Luis F]

@KurtL1 Do you have any recommendation?

[LoganathanB]

You are a nonresident during your first two years on J1. Then you become a resident.

You do not have to file 8843 if you are a resident.

As you have been in the USA on a J1 visa for more than two calendar years and you are a resident alien.

[Luis F]

Thanks @LoganathanB for your answer. 

Can I used TurboTax for my 2021 file even if I had no income? (being a foreigner with a J2) and my wife as a Research Scholar with a J1 has the same situation, so the next question is: should we file jointly or separate?(as a non resident I read that we can't but I am not sure) 

Thank you again! 

[ErnieS0 · Accepted solution]

You can use TurboTax is you are a US resident. You can file either together or separate.

There’s no reason to file a tax return if you want to file separate because you have no income. If you file joint, your half of the standard deduction can help reduce your wife’s income.

IRS allows you to file joint even if your wife is a nonresident spouse.

She can file separate. If she were a nonresident filing separate, she would use Sprintax.com.

[Luis F]

Thank you so much @ErnieS0 

If I understood you correctly, being a resident for tax purposes with no income during 2021 open to options for me in terms of taxes:

1) file jointly with my wife which is a J1 considered a resident for tax purposes too but with income during 2021.

or

2) there is no reason to file a tax return, but is there any other form or something that I have to submit to the IRS? 

Thanks in advanced 

[LoganathanB]

The best option will be to file a joint return as your wife had income and both of you are a resident. You can jointly file even if one of you had income and the other did not have any income.

You need not file any other form.