I was on J1 visa for Jan-July for 2018. My husband joined in August on J1 and I shifted to J2. Can we file federal and MA tax jointly? I am here since 2015 so resident?

[jassidada]

I have been here since 2015 so am I considered as resident? Can filing jointly possible with my husband with both federal and MA taxes?

[KarenJ]

Are you a J1 student?  What visa did you receive in July 2018?  Many thanks.

[jassidada]

I was on J1 from 2015 to July 2018. Now I am on J2 visa

[KarenJ]

Are you a J1 student or scholar?

[jassidada]

J1 student

[KarenJ]

No, you are not a tax resident and you cannot file a resident return as married filing jointly.

As a J1 visa holder that arrived in 2015, you have not yet been in the US for 5 years or part years.  You have been in the US for 2015, 2016, 2017, 2018 which is only 4 years.  January 1, 2020 you will start counting days of presence for the substantial presence test.

As a nonresident , you will have to file a nonresident tax return.

TurboTax does not support nonresident returns.

However we have a partnership with Sprintax offering a nonresident tax filing solution to our TurboTax customers.

Visit the TurboTax/Sprintax site for more info or to get started.