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Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
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For Steeve G. This one is a tricky one regarding EIC for people

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For Steeve G.
This one is a tricky one regarding EIC for people here in the States; There are various situations,
In this one scenario; Husband is Citizen, 2 children are also citizens, Wife has been sponsored by the husband for green card, right now she only has work authorization and that too is expired and in the proces of renewal, Now while processing an EIC for them, how will we deal with the due diligence questions when it comes to the question of non resident alien. Are they entitled for the EIC?

Stephen E. Grizey :

Hi & thanks for using our service. I'll do my best to give you a complete & accurate answer. Please ask me to clarify anything you don't understand.

Stephen E. Grizey :

Honestly, I don't know for sure; Are you concerned about "Rule 2"?

Stephen E. Grizey :

Valid SSN. To claim the EIC, you (and your spouse, if filing a joint return) must have a
valid SSN issued by the Social Security Administration (SSA). Any qualifying child listed
on Schedule EIC also must have a valid SSN. (See Rule 8 if you have a qualifying child.)
If your social security card (or your spouse’s, if filing a joint return) says “Not valid for
employment” and your SSN was issued so that you (or your spouse) could get a federally
funded benefit, you cannot get the EIC. An example of a federally funded benefit is
Medicaid. If you have a card with the legend “Not valid for employment” and your
immigration status has changed so that you are now a U.S. citizen or permanent
resident, ask the SSA for a new social security card without the legend. If you get the
new card after you have already filed your return, you can file an amended return on
Form 1040X, Amended U.S. Individual Income Tax Return, to claim the EIC.
5 ABC’s

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