I have US income and have claimed it in the TurboTax software, as well as any foreign income including my husband's Social Security Income.
The problem is the question in turbo tax is about both of us in the same question, it's not 2 individual questions - I have been here for more than 6 moths so for me the answer is "Yes", for my husband is a "No", but the question is about both of us -"Did X and Y live in the U.S. for more than six months in 2021?", so choosing either answer is not 100% accurate since our situations are different.
I saw that the IRS guide states you are a resident of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1 – December 31). There is also IRS guide that states "If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a U.S. resident within the meaning of Internal Revenue Code (IRC) section 7701(b)(1)(A) and the other is not, you can choose to treat the nonresident spouse as a U.S. resident for tax purposes."
I am US resident within the meaning of Internal Revenue Code (IRC), but I am not sure if my husband is considered the same as a green card holder since he doesn't meet the substantial presence test.
In this case can I answer the question "Did X and Y live in the U.S. for more than six months in 2021?" with yes, so we can claim the EIC?
Thank you!
