J1/J2 researcher visa: Question about filing jointly

[nik07]

Hi,

My spouse entered a J1 researcher program in Aug 2023.. I realised my spouse is considered resident for Tax. Now I am on J2 EAD (received 3 months back), and i am getting into paid job from Apr'2025 onwards for the first time in USA.. So can we file jointly for 2025 (I have not filed taxe return in US yet in past 2 years as i got my EAD in Oct 2024) ? ..

Also, my new employer (on J2 EAD) is asking me to fill Form W-4 as part of onbaording process, so can i choose "Married filing jointly"?

When do my J1 Spouse, has to make election under IRC Section 6013(g) for me (J2)? Is it while filing in early 2026 for Calendar year 2025, or we have to do something now?

Thank you for taking my queries. 

[MinhT1]

As your husband is a resident alien for tax year 2025, he can choose to treat you, his nonresident spouse as a U.S. resident for tax purposes and file as MFJ.

He has until the due date of his 2025 tax return to make the election by attaching a statement to your 2025 joint return.

In the meantime, you can submit a form W-4 as Married filing jointly to your new employer.

Please read this IRS document for more information.