Can a US national and nonresident with children claim child tax credit if the wife and kids migrated over in July 2017?

Forum|Forum|7 years ago
June 3, 2019
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Father has been in the United States working under a social with DHS authorization for work since 2015. Mother has been in Mexico taking care of kids. Father got all paperwork and brought them to the United States in July 2017. I know he can treat the spouse as a resident for tax purposes to file jointly, but can they claim child tax credit on kids? Mother and kids have only been in United States for 175 days, not quite 6 months. All tests have been met except "did the child live with you for at least 6 months". They lived with mom, but not with both.

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Yes - If they are going to file a joint tax return and include the declaration statement to treat the nonresident alien spouse as a resident for the entire 2017 tax year, then the mother will be considered a US resident for the entire 2017 calendar year. Since the children have lived with the mother for the entire year, they will meet the 6 months test.

Please click this link for more information on the Child Tax Credit.

Click here for more information about claiming a non-citizen spouse on your tax return