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CHILD TAX CREDIT

By YYAI in Tax & Finances During US Immigration

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YYAI Rookie

YYAI   0

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Filed: IR-1/CR-1 Visa Country: Vietnam
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I'm filling I130 for my wife on Oct 2015 waiting for USCIS approve .We have children ( twin) , ofcouse I file birth abroad and they have SSN# and US passports ( citizen). They are living with my wife abroad now, never been in US. My questions are: - can I file child tax credit? Do I have to apply W7 (ITIN) for my wife? Best is MFJ ( she has little to none income)? I really do not want to file W7 ( too hassle). Please give me your advice. Thank you all!

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MariaR323 Proficient

MariaR323   199

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Filed: K-1 Visa Country: Mexico
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Sounds like they do not qualify you for the child tax credit. One of the requirements is that the child must have lived with you for more than half of the year.

As to filing MFJ with your wife, you do need to apply for the ITIN for her.

Maria ~ U.S. Citizen

 

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CarlosAndSveta Proficient

CarlosAndSveta   808

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Filed: Citizen (apr) Country: Russia
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I think you must file a joint tax return with your spouse in order to claim the credit because of the requirement that a qualifying child must have lived with you for more than half of 2015.

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YYAI Rookie

YYAI   0

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Filed: IR-1/CR-1 Visa Country: Vietnam
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Yes! I probably have to apply ITIN for my wife in order to file tax online that I used to do .If I can not claim child tax credit then can I file all Gift and money transfer to my wife and kids as a gift? If yes then Does it have a cap on gifts that I sent to them? If it does then how much? Or no cap for it? (Of course with all receipts )

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JRF Community Regular

JRF   117

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Yes! I probably have to apply ITIN for my wife in order to file tax online that I used to do .If I can not claim child tax credit then can I file all Gift and money transfer to my wife and kids as a gift? If yes then Does it have a cap on gifts that I sent to them? If it does then how much? Or no cap for it? (Of course with all receipts )

I don't believe you can lower your taxable income by giving the children gifts. You can give them a certain amount per year (check IRS regs), below which they will not be subject to gift tax. I believe that number is $14K per person, but check. Wife doesn't count - in essence, she'd be giving a gift to herself (you are married).

Sounds like you've got some research to do - enjoy and best of luck!

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CarlosAndSveta Proficient

CarlosAndSveta   808

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Filed: Citizen (apr) Country: Russia
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Yes! I probably have to apply ITIN for my wife in order to file tax online that I used to do .If I can not claim child tax credit then can I file all Gift and money transfer to my wife and kids as a gift? If yes then Does it have a cap on gifts that I sent to them? If it does then how much? Or no cap for it? (Of course with all receipts )

If you file a joint tax return with your wife you can claim the child tax credit. Your wife can claim the child tax credit since the children lived with her.

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Yes! I probably have to apply ITIN for my wife in order to file tax online that I used to do .If I can not claim child tax credit then can I file all Gift and money transfer to my wife and kids as a gift? If yes then Does it have a cap on gifts that I sent to them? If it does then how much? Or no cap for it? (Of course with all receipts )

Making gifts does not reduce your income.

I'm filling I130 for my wife on Oct 2015 waiting for USCIS approve .We have children ( twin) , ofcouse I file birth abroad and they have SSN# and US passports ( citizen). They are living with my wife abroad now, never been in US. My questions are: - can I file child tax credit? Do I have to apply W7 (ITIN) for my wife? Best is MFJ ( she has little to none income)? I really do not want to file W7 ( too hassle). Please give me your advice. Thank you all!

As other have stated. Wife needs an ITIN. She elects to file a joint return with you. Your children qualified as her dependents.

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