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harmandeep0814
New Member

I m physican on J visa entered US in 06/16,hence resident Alien,my wife entered US in 4/17,started working 4/18 on J2.Should we file tax jointly as Resident aliens?

Can she be considered as Resident alien despite not meeting the criteria for significant presence? Her W2 shows deductions for Social security tax.

1 Reply
pk
Level 13
Level 13

I m physican on J visa entered US in 06/16,hence resident Alien,my wife entered US in 4/17,started working 4/18 on J2.Should we file tax jointly as Resident aliens?

Your exempt status would have been over  sometime in June of 2018 and absent any treaty conditions ( what country? ), you would be resident alien for tax purposes sometime near the end of the year. Your wife's visa being a dependent visa , her immigration status would be the same as yours.  Thus you can file a dual  status  filer ( TubroTax does not support this ) or as a resident for the whole year ( you have to request this -- both have to sign and date this ), implying file by mail and the use of form 1040 & TurboTax

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