Hi,

Me and my husband entered US on 2 separate J-1 visas. I am not a dependent on my husband's visa. Presently we are in the same institution. We are also living in the same home. Is it possible to file tax returns as married filing jointly or do we have to file as married but filing separately?

Thanks

If any one of your is resident, then you can file joint return as residents.

To be a bit more concise, since you are both non-resident aliens on a J-1 visa, you must each file a non-resident tax return (Form 1040NR or 1040NR-EZ plus FOrm 8843).

Filing a joint return is NOT an option until one or both of your qualify to be treated as a resident alien for tax purposes, probably starting in the THIRD calendar year of your J-1 visa tour.