If My husband lives in mexico and i waiting for his immigration interview and we have a child. Do i still receive my child’s refund?

[CarolynM · Accepted solution]

Yes, you are still eligible to claim the child tax credits if you file as Head of Household.

As married person, you can file as Head of Household if: 

1.       You won't be filing jointly with your spouse; and

2.       Your spouse didn't live in your home after June (temporary absences due to illness, school, vacation, business, or military service don't count); and

3.       Your home was your child's, stepchild's, or foster child's main home for more than half the year (non-child dependents in your home don't qualify); and

4.       You paid more than half the costs of keeping up your home during the tax year; and

5.       You meet the qualifications to claim the child as your dependent, even if the other (noncustodial) parent is actually claiming the child as a dependent on their return.

You can also be considered unmarried for Head of Household if your spouse was a nonresident alien at any time during the tax year and you're not treating them as a resident alien.

For more information, follow this link: When Can a Married Person Claim Head of Household Status