Possibly. If your child is a US Citizen and has a Social Security number that is valid for employment, then it is possible for you to claim them since you are filing jointly and your spouse is being treated as a US Resident for tax purposes.
In Order to claim a child for the Child Tax Credit the following must apply:
- They are UNDER 17 years old
- They are your child, foster child, step child, sibling, grandchild or descendent of one of those
- They did NOT provide more than half of their own support
- They lived with you for more than half of the year Since they are living full year with your spouse and they are being treated as a US Resident for tax purposes, and you are filing a joint return, this would count as living with you for the full year.
- Be a US Citizen, US National or a US Resident Alien
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