I am currently on a J1 Research visa and arrived in the US in July 2020, while my wife joined me in November 2021. Are we both considered residents for tax purposes? If so, can we file jointly as married filing jointly (MFJ)? Additionally, if we file jointly, are we eligible to claim the child tax credit for our 16-month-old child? Lastly, will claiming the child tax credit affect our future green card application?
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If you don't have green cards, the Physical Presence Test counts 183 days, except those days when you are present under a J visa, so you would be non-residents for tax purposes.
Contact our partner Sprintax to guide you in filing a non-resident return.
Here's more info on Tax Tips for Resident and Non-Resident Aliens.
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