Can I claim my children who were living abroad with wife for part of the year as dependents on a joint tax return?

Forum|Forum|1 year ago
April 10, 2025
1 reply
0 views

I am a US citizen who got married abroad and had two biological children who were also born abroad. My children lived with my wife the entire time, before finally arriving to the US in September, 2024. I, however, was living in the US through all of 2024. My wife and my two children were able to get their social security numbers valid for employment, along with my wife’s permanent resident card in October, 2024. My wife and I are planning on filing a joint tax return. Can I claim both of my children on my 2024 tax return as dependents and receive a Child Tax Credit, even though my children have not lived with me, here, in the US, for more than half of 2024? Please advise.

Not A Product Question

KrisD15

Yes, since you are filing a joint return, the children need only have lived with one of you for more than half the year.

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"

delfin2003Author

@KrisD15, thank you for a swift reply! Does it matter that my wife's status was that of a non resident alien while our children were living with her abroad? Her status changed from non resident alien to resident alien on entry to the US.

There's a very similar post here: https://ttlc.intuit.com/community/taxes/discussion/claiming-my-children-who-were-living-abroad-with-wife-for-part-of-the-year-as-dependents-on-joint/00/3307744

DaveF1006

It states in this IRS publication "Children usually are citizens or residents of the same country as their parents. If you were a U.S. citizen when your child was born, your child generally is a U.S. citizen. This is true even if the child's other parent is a nonresident alien, the child was born in a foreign country, and the child lives abroad with the other parent".

So if you were a resident alien or citizen at the time they were born, you will be able to claim them.

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"