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June 4, 2019
Question

I m physican on J visa entered US in 06/16,hence resident Alien,my wife entered US in 4/17,started working 4/18 on J2.Should we file tax jointly as Resident aliens?

  • June 4, 2019
  • 1 reply
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Can she be considered as Resident alien despite not meeting the criteria for significant presence? Her W2 shows deductions for Social security tax.

    1 reply

    Employee
    June 4, 2019

    Your exempt status would have been over  sometime in June of 2018 and absent any treaty conditions ( what country? ), you would be resident alien for tax purposes sometime near the end of the year. Your wife's visa being a dependent visa , her immigration status would be the same as yours.  Thus you can file a dual  status  filer ( TubroTax does not support this ) or as a resident for the whole year ( you have to request this -- both have to sign and date this ), implying file by mail and the use of form 1040 & TurboTax