J1/J2 visa

Forum|Forum|2 years ago
January 6, 2024
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Hello, if wife has J1 visa and husband has a J2 visa who should file form 8843 for child and if both have W-2 should file as non-resident 1040-NR each separately and J1 visa should 8843 for J2 visa or J2 visa can file 8843 by himself and J1 file 8843 for herself.

I was wondering if husband has other income like online shop (beside W-2 ) where should enter on 1040-NR?

@ErnieS0 maybe you are the right person (please, help)

Best answer by pk12_2

@Sam Hopi

if wife has J1 visa and husband has a J2 visa who should file form 8843 for child and if both have W-2 should file as non-resident 1040-NR each separately and J1 visa should 8843 for J2 visa or J2 visa can file 8843 by himself and J1 file 8843 for herself.

I was wondering if husband has other income like online shop as self-employed (beside W-2 ) where should enter on 1040-NR?

Since the husband & the child has dependent visa ( J-2 ) and because J-1 is Non-Resident Alien ( NRA), they musty each file a form 1040-NR on US sourced income. The child ( J-2) being under age is a dependent of J-1 and with no US income has no need to file a form 1040-NR. Therefore , to explain / exclude the days present ( towards SPT ), the J-1 and J-2 spouse both must file form 8843.. Even though the instructions for form 8843, does suggest that all NRAs must file a form 8843 , I cannot understand why a child ( and without a tax id -- No SSN or ITIN or ATIN ) while under age and having no income should have to file a form 8843. That is my view

should file Sch C but no pay SE tax also? If so, what part of Sc C indicates to exempt of SE for a non-resident. no treaty tax included on visa. Please answer this question

Schedule -C preparation will automatically generate a schedule-SE and it is 15.3% on approx. 92% of the net in come from the Schedule-C. If you were using TurboTax ( not true for you because Turbo does not support form 1040-NR ), it would have automatically transferred the net income to Schedule-SE.

I am not talking form 8812@pk, asking about form 8843 . Could you please read again my question!.

Apparently Brazil does not have totalization agreement with the U.S.

See answer above -- sorry for my mistake

@Sam Hopi , I have to apologize for my mistake ---- this is to correct the position I took above that both J-1 and J-2 each must file 8843 ( i.e. declaring that you are exempt from counting days present ). On re-thinking and despite the implication of the 8843 instructions , ONLY the J-1 needs to file the form 8843--- the J-2s are dependent visa holders and have no independent ( at this time ) status. Please excuse my mistake.

Also , on SECA / FICA , absent a tax treaty assertion or a Totalization agreement, you are not immune from SECA ---- since you have a SSN, suggest a visit to the local Social Security Admin office --- they are usually very helpful and understanding.

You also did not answer (a) how you filed 2022 return and (b) why the reluctance to seek professional tax advice --- once you understand the ins and outs of the US 1040-NR filing, the you certainly should be able to do it yourself using a platform that supports 1040-NR filing.

Hope this makes sense and also clarifies the situation .