To be eligible for the EIC, your spouse cannot be living in your house for the last six months of the tax year. the link you provided does indicate that 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"
Be careful with the verbiage here because this mentions being a nonresident and not a non-resident alien. Since the spouse lived in the house, for three months, this means they are a resident in the sense that they were present and living in the US even though they may be considered a non-resident alien for tax purposes. In this context, being a nonresident and a non-resident alien for tax purposes are two different things. IRS does not really make a distinction thus I would be careful in trying to claim a Head of Household status and claim the EIC.
If you are using Turbo Tax Online, I would suggest using Turbo Tax live Full Service and let the experts make this determination. If using the software, I would recommend consulting with a CPA and allow them to interpret the tax law for you.
Otherwise, I agree with AmyC post and her advice given.
@DoctorJJ
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