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    jonshu3000's Avatar
    jonshu3000 Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Mar 26, 2010, 02:53 PM
    Am I eligible for EIC? Resident for tax purposes + wife + US Citizen son
    Hi

    I'm wondering whether I'm eligible the Earned Income Credit.

    My situation
    2002-2005: F1 status
    2005-2008: H1B status
    2008-present: F1 status

    Got married in late 2008 to a non-resident (she's been on F2 since Sep2008, wasn't in US before). Our son is a US citizen, born in January 2009.

    Since I've been in the US for over 5 years now I am a resident for tax purposes. My wife was issued an ITIN by the IRS.

    We are filing married, filing jointly with our son as a dependent.

    Total income in 2009 was just over $20k.

    Are we eligible for the EIC? I believe I am since I am a resident for tax purposes, but H&R block software is unclear about it.

    Thanks a lot for your help!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 28, 2010, 03:07 AM

    Yes, on the joint return as residents you can claim child tax credit for your child and EIC.
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