Non resident and Baby is resident, How can i prepare tax return

[xuejun zhang]

Hello,

My son is US citizen. And he has SSN and US passport.

My wife (J2) and I (J1)  arrived in US in July 2019 as a research sholar in Harvard University.

We are now still In US. 

Our question is How can i prepare Tax return for our three? 

Best,

xuejun

[JeffreyR77]

Please clarify if your and/or your wife have income and social security numbers.  Your wife may be exempt from Social Security and Medicare taxes, your visa status is not.  Your would report your income on Form 1040 and can use TurboTax to file your tax return.  If you have US source income you also may be eligible for stimulus payments.

[xuejun zhang]

Yes, Both of us have income and SSN in US in whole 2020. But we are not resident.  I hear that the people who can use Turbo Tax software are Resident. So I am confused and don't know how prepare for the tax return.

[DaveF1006]

If you were present in the US for 2020, you can qualify as a resident  according the the Substantial Presence Test. If you meet these qualifications, you may apply as  a resident. 

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   • All the days you were present in the current year, and
   • 1/3 of the days you were present in the first year before the current year, and
   • 1/6 of the days you were present in the second year before the current year
3. Please read the link above because there are exceptions to this.  these are:
4. Days you commute to work in the U.S. from a residence in Canada or Mexico, if you regularly commute from Canada or Mexico.
5. Days you are in the U.S. for less than 24 hours, when you are in transit between two places outside the United States.
6. Days you are in the U.S. as a crew member of a foreign vessel.
7. Days you are unable to leave the U.S. because of a medical condition that develops while you are in the United States.
8. Days you are an exempt individual (see below). This includes individuals who were exempt under student visas.