Level 15
2 weeks ago
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This is what the IRS says.
U.S. citizen or resident alien
To claim the EITC, you must be a U.S. citizens or resident alien all year.
If you were a nonresident alien for any part of the tax year, you can only claim the EITC if your filing status is married filing jointly and your spouse is a U.S. citizen or resident alien and you choose to be treated as a U.S. resident.
That means either your wife or you must be a US citizen or resident alien ALL YEAR.