Filing status for spouse who lived outside US

[wqzx2020]

I came to US in 2019 and have a H1B visa. My wife (H4) came to US in 2019 and lived with me until she travel back to our original country with our daughter at the end of 2023. They stayed outside of US for the whole 2024. When I  choose the "State of residence" for her,  should I choose "a nonresident alien or dual-status alien spouse" and then choose YES for "treat her as a U.S. resident for the entire tax year"?

Another question is I am stucked in process of putting my daugter's information. She is a US citizen. When I came with the question "Did IRIS live with you for the whole year?", shoud I choose YES? Because if I treat my wife as US Resident for tax purposes and file tax jointly, then my daughter lives with my wife and also can cout lived with me. If I choose NO and "lived with me for 0 month",  and finish all question then system will say "Don't go yet, we're missing info for IRIS"  "We don't have enough information about IRIS right now." 

Thanks for your opinoin.

[DaveF1006]

Yes, when you put your wife's information in the PERSONAL INFO section, you say she is a nonresident or dual-status citizen. You also say you are treating her as a resident for the whole tax year,i f you haven't made this election before, thus this becoming a first-time election, you can file Married Filing Jointly.

You may also claim IRIS as a dependent because she's your qualifying child. You will be able to claim the child tax credit.  You won't be able to claim the Earned Income Credit though, because the child lived outside the US.

Be sure you answer the questions correctly in the MY INFO section of your return to claim her as a dependent. Be sure to indicate she does live with you and you would enter she lived with you for the whole year.  

[Edited 03/11/24|7:34 am PST]

[wqzx2020]

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.

 Vanessa A

Employee Tax Expert

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

[wqzx2020]

Also I did not see the options you mentioned. Here is what showed in my screen:

IRIS's additional info

1. IRIS is my Son, Daughter (X)

2. Did IRIS live with you for the whole year? Yes, No(X), then IRIS lived with me for 0 months

3. Who are IRIS's legal parents?

4. Did IRIS live with another relative for more than six months in 2024? Yes, No (X)

Next page

Less common situations for IRIS

Select all that apply to IRIS

Was Adopted

Do not select if the adoption was final before 2024

Was a foster child

Was disabled

Passed away in 2024

Paid for more than half of their living expenses and other support

(We know IRIS's a kid, but we have to ask.)

None of these apply (X).

Thanks for your comments

[Vanessa A]

For the question did Iris live with you the entire year, you will say Yes since she lived with your spouse for the entire year. Resident Aliens are treated as US Citizens for tax purposes.  This means since you are treating her mom as a resident alien, and filing a joint return, you can claim that she lived with you (her mom) for the entire year. You will then be asked about living in the US.  For this question, you will answer No.  

Since your child lived with her mother and her mother is being treated as a US resident for tax purposes, you can claim Iris as a qualifying child for the child tax credit. However, since she did not live in the US, you can not use her to claim the Earned Income tax credit.