Can I claim EIC and Child Tax Credit? My legal status is F1 student. I am a resident alien for tax purpose. I have a qualified dependent.

[Amorui77]

I have lived in the U.S. for more than 5 calendar years. I can be treated as a resident alien for tax purpose. My qualified child lived with me for the whole year. I used Turbo tax software and it said that I could claim EIC and child tax credit. But I am not sure because my truly legal status is F1 student neither a citizen nor a permanent resident. 

[DanielV01 · Accepted solution]

You could qualify, but there are a few factors.  If you are married and you're spouse is not living within the United States or does not have a Social Security Number, you must disclose this fact.  You will still be allowed to claim Child Tax Credit, but not EIC, if your child lived with you for more than 6 months and has a Social Security Number.  Since you have been on F1 for more than 5 years, you are considered a US resident for tax purposes.

[Amorui77]

We are legally separated. He has SSN but I do not have his SSN. But he lived in the U.S. He is not a citizen or green card holder. Can I claim the EIC?

[DanielV01]

If you have a legal separation, yes.  You may claim Head of Household, and you will qualify to claim EIC if your income allows you to (which it sounds like it does).

[Amorui77]

Yes, my income does. Thanks a lot for you help.