non resident J1 and resident J2 filling together

[Quentin B]

Hello all,

I have a J1 research scholar visa. I am in USA since december 2015. I was considered non resident in 2019 because as J1 you are non resident for two years in the last seven years (i came in US as J1 also in 2012 for 6 months). 

My wife came with me from december 2015. She has a working permit since 2016. So she is considered resident.

I just want to make sure, can we fill jointly if we include the letter to ask IRS to treat me as resident with my wife?

thank you

[SusanY1 · Accepted solution]

Yes, you can file your tax return jointly with your spouse if you attach a statement electing to be treated as a resident for tax purposes.  Be sure that your letter includes each spouse's full name, address, and social security number (SSN) or individual tax identification number (ITIN).

Keep in mind the following important information regarding this election:

• You will need to include all of your worldwide income on the joint tax return.  If you paid taxes on that income to another country, you may be eligible for the foreign tax credit.   
• You can only make this election once in your lifetime.  This means if the election is later revoked for any reason, you cannot make the election again.  

[Quentin B]

Thank you,

Could you tell me if this letter format is ok? :

"To whom it may concern,

I, my name (ssn# my ssn), living at my adress, was considered non-resident for tax purposes during the year 2019. My wife, her name (ssn# her ssn), living at her adress (same as me) was considered resident for tax purposes during the year 2019.

I, my name, make the election to be treated as a resident for tax purposes for the year 2019 in order to fill my tax jointly with my spouse.

Signature and date"

[KarenJ2]

Your letter format looks fine for choosing to file married filing jointly as US residents..  Don't forget you both need to sign the statement that you attach to your tax return before mailing.

[Quentin B]

thanks a lot!