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Hi. My name is ***** ***** I will be happy to help you.
How the returns you are amending were filed? Did your spouse filed as single? Were the children or you claimed as dependents? If you are not eligible for SS# ***** are automatically eligible for ITIN.
You can amend the returns and ADD you and the children to the return and claim the credit if none of you were claimed on the original return. But you cannot amend the returns and the credit that was disallowed because your returns was filed using ITIN.
To file a tax return you MUST have SS# ***** ITIN.
So how your husband filed his original return? Single?
If you are amending your return to ADD the children and you, you can claim the credit. But if you are amending the return to claim credits that were disallowed because returns had been filed with ITINs you will not be able to claim credit.
The PATH affects American opportunity credit (EDU credit), Child tax credit and Earned income credit. So why are you amending your returns?
In understand it. My question is how the original return had been filed? Did you and your husband filed jointly?
Were the children claimed as dependent on the original return or you are adding them now as dependents?
I understand your question. But I need you to answer my question before I can answer yours.