DaveF1006
Expert Alumni

State tax filing

Yes, you may file married Filing jointly on your return subject to additional requirements. Your wife would be considered a US resident if she meets the Substantial Presence Test since there is no exemption period requirement for a J-2 Visa holder.

 

Does your wife have Social Security Number or ITIN? If not, then there are additional requirements for filing the return.

 

If your spouse doesn’t have a Social Security number or ITIN, you’ll need to apply for one when you mail in your return. To do this, follow steps 1–3 above and then do this:

 

  1. Fill out Form W-7 and attach it to your return, as well as all necessary documentation. Click on the link to download a pdf copy to fill out and attach to your return.
  2. Mail the return to the address specified in the Form W-7 instructions.

Note: TurboTax will give you an error regarding the missing Social Security number for your spouse. Ignore this and write in "applied for" in the space for your spouse’s Social Security number before mailing in your return.


If your wife does not meet the substantial presence test, you can still file married Filing jointly or married Filing Separately. Please read this Turbo Tax article for further instructions. I cannot list the steps involved because there isn't  much space left in this post to do this.

 

How should I file my taxes if my spouse is a nonresident alien

 

 


 

 

 

 

 

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