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I am married filing jointly. My wife completed an adjustment

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I am married filing jointly...
I am married filing jointly. My wife completed an adjustment of immigration status and became a legal U.S. resident in July 2010. My understanding is that we will not qualify for the EIC for 2010 because she was not a legal resident for the entire year. Is this also the case for the Additional Child Credit?
Submitted: 6 years ago.Category: Tax
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2/1/2011
Tax Professional: Wendy Reed, Enrolled Agent replied 6 years ago
Wendy Reed
Wendy Reed, Enrolled Agent
Category: Tax
Satisfied Customers: 3,346
Experience: 15+ years tax preparation and tax advice.
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Thank you for giving me the opportunity to assist you. I will give the best answer that I can with the information provided.

 

Hello there,

The rules for EIC state that you cannot qualify for the credit if one or both of you are a nonresident alien for any part of the year UNLESS you file married jointly and choose to treat your spouse as a resident alien for the entire year. (this means you must report spouse's worldwide income on the return).

 

Page 6: http://www.irs.gov/pub/irs-pdf/p596.pdf

 

You should also be eligible for the additional child tax credit presuming you have the income needed for the credit.

 

Please let me know if you need additional information.

Wendy Reed
Wendy Reed, Enrolled Agent
Category: Tax
Satisfied Customers: 3,346
Experience: 15+ years tax preparation and tax advice.
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