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New Member
posted Jun 4, 2019 5:32:44 PM

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.

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. 

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1 Best answer
Expert Alumni
Jun 4, 2019 5:32:45 PM

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.

4 Replies
Expert Alumni
Jun 4, 2019 5:32:45 PM

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.

New Member
Jun 4, 2019 5:32:46 PM

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?

Expert Alumni
Jun 4, 2019 5:32:48 PM

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).

New Member
Jun 4, 2019 5:32:51 PM

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