Can F1 students claim child tax credit for US born children?

[jahirju30]

I am an F1 student for 4 years in the US. I have a child born in the US in October 2015. I was wondering if F1 students like me are eligible to claim child tax credits. 

Thank you. 

[HollyP]

No, not yet, because you are still considered a non-resident alien and you cannot file a Form 1040 to claim the Child Tax Credit.

International students on F1 visas are automatically considered non-resident aliens for their first 5 calendar years in the US, and need to file form 1040NR or 1040NR-EZ. These are not supported by TurboTax, but we recently started a partnership with Sprintax to offer a nonresident tax filing solution to our TurboTax customers. Visit the TurboTax/Sprintax site for more info or to get started.

Once you’ve been in the US for longer than the 5 calendar years, the Substantial Presence Test will determine if you should be taxed as a resident or nonresident alien. Only after you qualify to be taxed as a resident alien can you then qualify for the Child Tax Credits. 

[jahirju30]

So, basically, I can NOT claim any type of tax benefits for my US born child until I become Resident Alien, right? But, I can both claim my child as a dependent and claim tax credit after that?

[Alwani17]

How about can we claim child credit at State level?

I am filing form from TaxSlayer pro which is kind of link from the IRS website. I am from Pakistan but it is calculating my child tax credit automatically even it says 1040 NR

Please confirm

[DMarkM1]

According to the instructions for 1040NR both you and the dependent must have a social security number valid for employment to get the child tax credit.  Also, the dependent must be a US citizen, or US resident alien. 

Of note, to qualify for the other dependent credit, both you and the dependent can have either a social security number or ITIN.  Here is the IRS Publication for more discussion on the subject.    

[MMNOP]

I am on F1 visa and being in the US for about two years. But I have a US-born child, but my other dependents are on F2 visa. I am wondering what is the best way to file for me/us:  Single nonresident, Head of household, married separate or married jointly.

[mesquitebean]

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@ musanajimu wrote:

I am on F1 visa and being in the US for about two years. But I have a US-born child, but my other dependents are on F2 visa. I am wondering what is the best way to file for me/us:  Single nonresident, Head of household, married separate or married jointly.

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TurboTax can only prepare returns for US residents and "resident aliens for tax purposes."   It cannot prepare returns for non-resident aliens since it does not prepare Form 1040NR/NR-EZ, but there is an affiliate partner (Sprintax--one "t") that can.

I'm not a tax person, so I'm going to ask someone familiar with international filing to assist you when they are next in the forum, and they should be able to tell you what forms you will need to file.  

Also please provide what country you are from.  And are you married?  You didn't specifically say.

And are you needing to file only a 2019 return or a 2018 return, too?   If you previously filed a 2018 return, did you use TurboTax or another method?

@pk  Are you please able to assist here when you are next in the forum?  Thanks!

[pk]

@MMNOP , first apologies for late reply.  To be sure I understand your situation, 

(a) You are on a Non-Resident visa ( F-1), your spouse on F-2

(b) you have a child born in the USA ( eligible for citizenship)

(c) you entered USA on F-1  in  2018 and therefore , assuming that you had not been in the USA at anytime during  2016 or earlier, you are exempt from counting days present  till  12/31/2022-- absent an adjustment of immigration status.

Give the above , you need to file as  a Non-Resident Alien -- form 1040-NR  ( which is not supported by TurboTax -- use  SprinTax or similar , Tax professional or talk to your school foreign student office ).

Note that form 1040-NR allows  ONLY two filing status --1.  Single  or 2. Married. You are effectively treated as a single  ( for personal exemption -- currently being ZERO )  AND you can only use itemized deduction .

If you need more help -- please tell me  1. which country are you from; 2. Is your spouse form the same country  and if not then which country; 3.  Is this your first student or other entry into the USA;  4. Is your spouse and your child living with you in the USA; 5. are you on scholarship or family help from your home country  OR are you on a scholarship/stipend  from your school ; 6.Is your income  from working on campus or what?

[RRRAAA]

Hi, 

@CHH @DMarkM1 

I am on F1 visa,, my husband is in F2 visa, but he comes only to visit me, so he doesn't stay all the time tin the US.

We are both from Jordan. And we have a newborn, born in December 2020 and he is a US Citizen.  

I have entered the US on F1 visa on August 2019. And have entered one more time as a Scholar (J1 visa) for 40 days in 2012. 

Both me and my child has SSN, while my husband does not have one. and I work in campus as Student employee. 

I want to know how I can include my child in the tax and claim his child tax credit as well as his stimulus checks. 

also, shall I include my husband? shall I file Single or married jointly?

what are the forms that I am required to submit to IRD other than the 1040-NR?

thank you very much 

[ReneeM7122]

You can file a joint tax return and your husband will appear on the return with an ITIN.  If he does not have an ITIN then he cannot file.  Your child and you both can receive stimulus payments.

Please see IRS PUB 519 for more details.

@RRRAAA

[RRRAAA]

@ReneeM7122 

How I can get the stimulus payments? 

is there a place in the 1040 NR to fill that I didn't receive any stimulus payments nor for me or my child? 

and are you sure I am able to get even if I am on F1 visa and I am NOT a US Citizen. 

Thank you 

Rawan 

[ReneeM7122]

TurboTax does not handle form 1040NR.  This is done by Sprintax.  Please see this TurboTax link for more information.

If you meant form 1040 for you and your child, here are the steps to get to the stimulus questions:

Head over to the FEDERAL TAXES tab on top.  Click on Federal Review, and in the search box on the right, type stimulus.  You can then Jump to stimulus and edit the information.

[bui1720]

Hi,

I am in the same case with Rawan.

I am nonresident alien and am filing the tax return for 2020 (1040NR form), but I can not add my us-born daughter (she is us citizen now) in US in my tax filing.

Is she eligible for the stimulus check?

If yes, what is the procedure to do that?

Thank you.

Bui

[WendyN2]

Go back to the very beginning of your return in the program and make sure you go through each screen step by step. Even if you are not a US resident the system does still give you the option to add a US resident as a dependent. 

[rprassetya]

Hi everyone,

I am in the same situation as many students above, regarding US born child.

I am on F1 and my wife on F2. We are both non-resident alien for tax purpose. Our child however is US citizen. Is there any way we can claim benefits for the child, like stimulus check, etc.? In Sprintax, it does not ask for my US born dependent. Thank you for your help.