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Wendy Reed
Wendy Reed, Enrolled Agent
Category: Tax
Satisfied Customers: 3346
Experience:  15+ years tax preparation and tax advice.
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I am married filing jointly. My wife completed an adjustment

Resolved Question:

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
Expert:  Wendy Reed replied 6 years ago.

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).


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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.

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