Fact: Non Resident Alien (NRA) (no social security number, no ITIN) lives in the US with spouse only for the last 3 months of the year. Spouse is filing as head of household (there is a qualifying child). Income is low enough.
To determine earned income credit (EIC), TurboTax (TT) asks, "I was married to a nonresident alien and we lived together for the last six months of 2022."
It seems that this answer is "no" since NRA did not live with spouse for the last 6 months of the year. With the "no" answer, EIC is allowed by TT.
However, in consulting another different tax software, to determine EIC, the question is, "I was married on the last day of the year, but lived apart from my spouse from July 1 through Dec. 31, 2022."
The answer seems to be "no" since spouse did not live apart from NRA from July 1 through Dec. 31, 2022; they lived together for the last 3 months of the year, as mentioned above. With this "no"answer, EIC is not allowed.
Any thought about this. Should EIC be allowed under these conditions?
