We came to USA in 2021 on F1 student visa. We have two US citizen kids who were born here when we came to USA on tourist visa in the past. We don't have any income in USA and are using our savings from the home our country IRAQ for our studies and living expenses. We want to file a return and claim Child tax credit and stimulus payments for our kids. We read online that we don't need to have any income to claim child tax credit for 2021 and as for Stimulus payments we came under mixed status families who can claim stimulus for the US citizen kids. All of us have SSNs with work authorization.
Can we file a return and claim the CTC and Recovery Rebate for our kids ? If so, which form do we need to file 1040NR or 1040 ?
Can we file a Joint return? We are legally married
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As your first year in the US on a F1 visa, you and your spouse are Nonresident Aliens. That means you would file Form 1040NR (which does not allow a Joint return), but TurboTax is not able to file that form. You may consider going to a tax professional that SPECIALIZES in Nonresident Aliens.
The stimulus ("recovery rebate") is not available to you because you and your spouse are a Nonresident Aliens, even if your children are US Citizens.
If you were in the US for over half of 2021, yes, you should qualify for the refundable Child Tax Credit.
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