Hi, I came to the USA on April,2024 on J2,changed to h1b September 2024.My wife came to the USA October 2024,changed to H1b october 2024.filed resident or non,joint?

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April 8, 2025
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DaveF1006

Yes, you have been in the US long enough to satisfy the Substantial Presence test so you can apply as a resident alien. You can also file Married Filing Jointly by electing to treat your nonresident as a resident for tax filing purposes.

You can make this election when you report your wife's information in the MY INFO section of the return. As you scroll through the screens entering her information, there will be a section where you will make the election to have her treated as a resident. Here is how the screen will appear.

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farzad-tahmasebyAuthor

Thank you so much for prompt response. Actually I made a typo, my wife came to the USA on October 2023 on J1 then changed to h1b on October 2024. She filed as a non resident for 2023. I came to the USA on April 12 2024 on J2 then changed to h1b on 27 September 2024, so could we file as joint resident? Does J2 days count on SPT(cause my h1 b is just around 90)

Best regards