My husband and myself came to USA on July 14th 2010 along with my daughter (birth date: 20th September 2009 in India). Since we were in USA in the year 2008 and 2009 (before my daughter's birth), myself and my husband passed the Substantial presence test. But my daughter is entered to USA first time after her birth on 14th July, she failed the Substantial presence test. We are now trying to file our tax return Married filing jointly, we are unable to get the CHILD TAX CREDIT $1000 for my kid because she failed the substantial presence test. I want to know the way forward to get my CHILD TAX CREDIT. Some people are suggesting us to file the tax return in May 2011 since my daughter will pass the Substantial presence test by that time. Please suggest me

As I think was pointed out in another forum post, your child does NOT need to meet the Substantial Presence Test in order to be claim as a dependent on your joint return.

You WILL need to submit Form W-7 to get her an Individual Tax Identification Number (ITIN), but that process is relatively simple.

If you need professional help filing your return, email me at [email protected] or [email protected]. I do these type of returns routinely; it IS what I do!