Hi,
Both myself and my spouse are working in USA on L1. However, my spouse is a resident alien for 2011 and I am a non-resident alien. My child is on L2 and he is dependent on my spouse. I am planning to go for Married Filing Jointly option. First of all can we file jointly since we have different NRA status? Secondly, Can I claim Child Tax Credit for 2011?

Please confirm.
Koushik.

Yes, if one spouse is resident, you can file joint return as residents. Both must declare worldwide income for the year. Yes you can claim Child Tax Credit.

I agree with MukatA with ONE caveat: This assumes your combined income does NOT go over the income level at which point you no longer QUALIFY for the Child Tax.

For Married Filing Jointly, that would be $110,000.