Bsto
Level 1

Spouse with green card not in the US for more than 6 months

My husband and I are green card holders, he had medical issues that kept him outside country for long period of time and finally in November of 2021 he was able to come back in US with SB-1 visa, he has never officially lost his status and he has SSN. He has his Green Card since 2012 and was present in US at the end of 2021. He has only Social Security income from the foreign country and no other income.

I was out of the country for just 3 months during the summer, I live here and am considered resident. We have no other dependents.

I have entered all our income from US and outside of US, but am I able to claim EIC - How do I answer the "Did X and Y live in the U.S. for more than six months in 2021?", since I did, but he has been here since Oct 24 till now, which is not 6 months?

 

Thank you so much!!! Any help would be much appreciated