Hi,
I am a resident alien on a J1 (do not get W2) while my husband is on J2 and gets W2. Can I claim child care expense credit for my resident alien son who has a ITIN?
I was wondering this since I might not qualify for earned income but my husband income does, can we claim the child care expense credit or not?
THanks for all your help in advance.
G

If you file Married Filing Jointly, it does not matter if one of the spouse does not have any income. Yes, if you are filing resident return, then you will get all the credits that are available to the residents.

If you are attending training or classes at a higher learning institution (community college or higher), then, yes, you CAN claim the Child Care Credit, even if you are filing as a non-resident alien.