My husband has a J1, I have a J2. He was in the US 120 days in 2016, and I 82 days.Is it better to fill taxes w/form 1040NR or the standard 1040 to receive higher credit?

[adrianac84]

My husband has a fellowship of $32,500 and I'm a housewife (don't generate income in the US). We're citizens from Brazil and Argentina.

[bine22]

since when are you in the US? is the J1 a student or nonstudent visa?

[adrianac84]

We've arrived on August 24, 2016 - left US for holidays on 21 December, 2016
I was travelling a lot in that period, so has here for fewer days
He's a PhD Student, so a non resident alien for tax purposes, as I am, I understand

[bine22 · Accepted solution]

On J1 as a student he is a nonresident alien for five calendar years, the same applies to any J2 dependent visa holders. So you would both file form 1040NR or 1040NR-EY plus form 8843. These forms are not supported by turbotax. You cannot choose to file as resident aliens.

[adrianac84]

Great, thanks! And what's the diff between 1040NR and 1040NR-EY? Thanks, again!

[bine22]

that should have been 1040NR-EZ. The EZ form is a little shorter. Which one you need to file depends on your income. Have a look at publication 519 <a rel="nofollow" target="_blank" href="https://www.irs.gov/publications/p519/">https://www.irs.gov/publications/p519/</a>

[adrianac84]

great - thanks so much for all your help!