J2-Visa Holder

[mbjamil92]

Hi,

I am currently working full time and studying part time on my J2 Visa, I entered US on 9th June 2021. Can I file my taxes with Turbo tax and can I use my 1098-T education credits?

[ErnieS0]

Probably not. J-visa holders are generally exempt for two calendar years during which time they will file nonresident tax returns.

TurboTax does not handle nonresident returns. Contact TurboTax partner Sprintax.com for advice.

Form 1098-T

Generally, a Nonresident Alien cannot claim an education tax credit unless:

• You are married and choose to file a joint return with a U.S. citizen or resident spouse, or 
• You are a Dual-Status Alien and choose to be treated as a U.S. resident for the entire year. 

Education Credits: Questions and Answers

[mbjamil92]

Hi Ernie thanks for getting back to me. I want to share some more background:

- My days in US:

2020 = 205 days (arrived in US on 9th June and then left on 31st Dec, 2020 for a visit to Pakistan)

2021 = 349 Days (arrived from Pakistan on 16th June and then stayed till 31 Dec 2021)

- Wife (days in US)

2019 = 215 days present in US on B1/B2 visa. 

2020 =  235 days (Jan 01 - 31st Jan 2020 on B1/B2 visa and then 9th June 2020 to 31st Dec, 2020 on J1 visa)

2021 = 349 days (J1 visa)

dont my wife and I become residents by substantial presence test?

[DaveF1006]

To clarify, while your wife lived in the US with her J1 visa, was she an exempt individual?