Hi,

My spouse and I are both NRAs in the US on a J1 visa. We are going to file separately.
We both have wages from an employer. But I have additional income as an independent contractor. What forms does each of us has to file? Can we claim a child Tax credit as NRA? If yes, do we have to claim have the credit each or one of us the whole credit?

TIA

Sabine

Since you have 1099 income (which, BTW, is a violation of your visa), you would file Form 1040NR with a Schedule C.

Your spouse can file Form 1040NR or 1040NR-EZ.

If your child meets the criteria for being claimed as a qualified person for the Child Tax Credit, then you or your spouse can claim the Child Tax Credit using Form 8901 wth Form 1040NR, even though you probably CANNOT claim the child as a dependent.