A baby was born in 2017 in the U.S. who should claim him my wife J2 or me J1?

Forum|Forum|7 years ago
June 5, 2019
3 replies
12 views

The baby was born in the USA and we don't plan to give the child a dual citizenship. My spouse only worked the last four months 2017. Are we going to get any refund for the child even though we are not American residents ?Thanks

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Best answer by bine22

Just saw your other question. As nonresident aliens you cannot claim any dependents. There are a few exemptions, for example if you are a student from India. https://www.irs.gov/individuals/international-taxpayers/aliens-how-many-exemptions-can-be-claimed If you are, that the J1 visa holder would have to claim the child.

Make sure you apply for an SSN for the child, as you only get the child tax credit, if you have the SSN at the time of the deadline (and apply for an extension if you do not get the SSN on time).

bine22

Level 8

Since when are you both in the US on J visas? Is the J1 a student or nonstudent visa?

jjhg2017Author

Level 2

It is a student visa but it specifies for PhD and research

bine22Answer

Level 8

Make sure you apply for an SSN for the child, as you only get the child tax credit, if you have the SSN at the time of the deadline (and apply for an extension if you do not get the SSN on time).