[mubaalhaj]

Hi,

I have been struggling with this issue for years. I am an F-1 student lived in the US for more than 8 years and file tax every year as as a resident alien with status of married filling jointly. My wife is also considered as a resident alien and has a ITIN (tax ID) for tax purposes. However, since my wife visa is an F-2 then she won't able to apply for SSN. We have three US born children and each has his/her SSN.
In filling tax for 2011, here is what I know for fact:
1) We are eligible for additional child tax credit since we have US citizens children.
2) We are NOT eligible for EIC since my wife doesn't have SSN.

My question is simply, Can I change my status from married filling jointly to either single or HOH in order to apply for EIC?

Your feedback is highly appreciated

[AtlantaTaxExpert]

No, you cannot. Doing so is tax fraud.

The tax law specifically prohibits paying the Earned Income Credit to anyone with an ITIN.