Thanks for the answer.
EIC determination: I do not think I agree since the criterion is whether you and your spouse had the same principal residence for the last 6 months of 2022. (Turbo Tax). If the NRA was present in the house for only part of the time during the last 6 months (for example 2 months out of the last 6 months of the year) (not counting temporary absences, as noted by IRS), then the answer should be, "No", to the question, "you and your spouse had the same principal residence for the last 6 months of 2022."
As far as filing status, if the spouse was NRA at any time during the year, the other spouse can choose head of household, as per this direct quote from https://www.irs.gov/individuals/international-taxpayers/us-citizens-and-resident-aliens-abroad-head-..., " You are considered unmarried for head of household purposes if your spouse was a nonresident at any time during the year and you do not choose to treat your nonresident spouse as a resident"
Any additional insights?
