Hi,

I am an idian citizen. I travelled to us on January 7th 2005 on h1b visa. My wife accompanied me on H4 visa. My wife went back to India on December 30th, 2005. I continued to stay in US till may 15th 2006. My daughter is born in US in September 2005. She is an american citizen. She also travelled to India with my wife on December 30th 2005.

I filed income tax return for the year 2005 as a resident ( married filing jointly) and filled up a form 1040 also applied for "itin" number for my wife. Now I have her ITIN number also. Since I stayed till May 15th, 2006 in US:

1. can I file tax return with the same status as "married filing jointly" or since my wife was not in US in 2006, I can not file in status married filing jointly?

2. what form do I need to fill 1040 or 1040nr?

3. will I get a child tax credit for my kid?

Thanks for your help.

Regards

1 & 2) You need to file a dual-status tax return, filing BOTH Form 1040 and 1040NR.

3) Since your daughter is a U.S. citizen with a SSN, I believe you can claim her as a dependent and she will qualify for the Child Tax Credit. Not 100% sure, though.