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luistorrentera · Apr 9, 2009, 04:34 PM

My wife holds a F2 visa. We had a baby in the US in Aug 2008. I'm trying to file my taxes correctly. Reading through the forum I learned that I can claim the "child tax credit". Which additional form should I file? 8843 and 8901? Mexico has a tax treaty with the US and I suppose I can claim exceptions for my dependents. According with my un-experienced self, I can not claim the Child tax credit. However I read I can from a post a fellow student from Jordania, this post was aswered by AtlantaTaxExpert. I'd be awesome if someone could help me out.

Regards.

MukatA · Apr 9, 2009, 06:35 PM

What visa do you have? Since when you are in the U.S.

luistorrentera · Apr 9, 2009, 06:46 PM

It's in the title...
I have an F-1 visa. I've been in the US for 3 years and 8 months.
Thanks for promptly replying!

MukatA · Apr 9, 2009, 07:26 PM

On F1 you are exempt from residency for 5-years. You must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843.

Your income is not subject to FICA taxes but you must pay federal and state income taxes. On your income you will get deduction based on tax treaty between the U.S. and your country.

Nonresident from Mexico can claim exemption for dependents on the nonresident tax return. You will get child tax credit if you meet the requirements.
Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

luistorrentera · Apr 9, 2009, 08:35 PM

OK, thanks. I do qualify according to the requirements listed in the link. I have been trying to complete my 1040NR but I still have some questions. According to Tax treaties between the USA and Mexico, a Mexican citizen can claim exemptions for their dependents. Then, I can claim my wife as an exception. Can I claim our US-born baby boy as my dependent? I yes, then Accordingly to the before mentioned tax treaty I can claim an exemption for him as well. Then, when getting to 1040NR line 47, how should I calculate the 'child tax credit'? Should I just write on this line '$1000'? If I use the 'Child Tax Credit Worksheet-line47' what are the other requirements to be able to claim this credit. Well, maybe to begin with, I could explain what I understand by 'Child Tax Credit'. Is it money given to you by the government for taking care and paying for his/her support and lives with me. This amount is equal to $1000. Your help is highly appreciated, if you could correct me if my definition of this credit is nor correct that would be nice too. Again, thanks for your help.

Regards

luistorrentera · Apr 9, 2009, 08:44 PM

My previous post had numberless typos.
"I yes" meant to type ""If yes".
"Is it money given to you by the government for taking care and paying for his/her support and lives with me." meant to type "Is it money given to me by the government for taking care and paying for the support of a qualifying child who lives with me?" (By the way I am more than happy of doing it so, since it is my own baby, and my wife and I love him so much. But if the government wants to help a little bit, that would be awesome). Why should I file form 8843? I didn't file last year. (I didn't have "tax-coaching" last year either). Thanks for your responses I REALLY appreciate them.

AtlantaTaxExpert · Jun 9, 2009, 11:17 AM

You can claim your wife and child as dependents on Form 1040NR. You can also use Form 8901 to claim the $1,000 Child Tax Credit.

You file Form 8843 to validate your exempt status under the F-1 visa. If you failed to file the Form 8843 for 2007, download the form from Internal Revenue Service and file it now (better late than never).

If you need professional help, contact me at [email protected].

AtlantaTaxExpert · Sep 1, 2011, 07:47 PM

There are special rules for Canadian students. I need more details, like how long he has been in the U.S. and WHERE he is living.