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scottwilson222
Level 1

Can I treat F-2 Child as resident alien for child tax credit?

F-1 resident aliens, (F-1 students who have been in the U.S. for more than 5 years)  can treat their non-resident alien F-2 spouse as resident alien for tax purpose and file jointly.

 

I was wondering if a non-resident alien child on F-2 visa (e.g. in the U.S. for only 2 years) can be treated as a resident alien for child tax credit and according to which publication? 

 

P.S. per publication 972, page 3, a qualifying child for child tax credit must be a U.S. citizen, U.S. national, or U.S. resident alien.

 

 

2 Replies
pk
Level 12
Level 12

Can I treat F-2 Child as resident alien for child tax credit?

@scottwilson222 , assuming that this is a continuation of your other post regarding  FSA usage and details thereon,  ---- since your child  is on a dependent visa  ( your visa  is primary ), his/her   status  is the same as your own status.  Thus  when you meed the substantial  presence  test  ( after expiration/termination of  exempt status  ),  the dependent  visa holders also meet the substantial presence.

 

Does that make sense ?

pk

scottwilson222
Level 1

Can I treat F-2 Child as resident alien for child tax credit?


since your child  is on a dependent visa  ( your visa  is primary ), his/her   status  is the same as your own status.  Thus  when you meed the substantial  presence  test  ( after expiration/termination of  exempt status  ),  the dependent  visa holders also meet the substantial presence.

Thanks a lot for the response!

I was wondering if you could provide a reference publication for this definition?

 

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