Thank you so much for your response. I truly appreciate your time and the detailed information. I saw another person who has similar situation as mine (https://ttlc.intuit.com/community/taxes/discussion/child-tax-credit-if-c[product key removed]d-with-...). But one tax expert replied the followings:
Child Tax Credit if child lives abroad with spouse
I am curious if I or my spouse can claim the 2024 Child Tax Credit under these circumstances: 1. Married Filing Jointly. My spouse has non-resident tax status but is treated as a resident since I work in the US and thus have tax residency status. 2. My child has US citizenship. My spouse and I do not have citizenship or PR status. 3. My child lived abroad with my spouse for the entire year of 2024.
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
