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salibi1
Level 1

Residency status For new Green card holder

My wife got her Green card and arrived in the country on November 1, 2019. I am a US citizen living in the US Since 2018. I want to file taxes for 2019 and I would like to file as Married joint return.

First Is that possible?

2nd would I be able to take the Earned Income Credit as I meet all other requirements for it? 

   

5 Replies
lamontjon
Level 3

Residency status For new Green card holder

If your wife has a social security number then yes you can file as Married filing joint and claim the EIC.  IF she does not have a social security number then no you can not file as married filing joint, you will need to file as single if you have no other dependents and cl;aim the EIC for your self.  If you have other dependents then you may be able to file as Head of Household.

salibi1
Level 1

Residency status For new Green card holder

Yes she does have a SSN. Every time I enter in the Turbo tax and on the question if we lived in the US for more than 6 month my answer is no and the question does not differentiate if she or I. It only ask if both. Turbo tax does not allow the credit.  

lamontjon
Level 3

Residency status For new Green card holder

That is correct, both parties have to have lived in the U.S. for the entire year in order to qualify for the credit.

salibi1
Level 1

Residency status For new Green card holder

So should I do Head of household and have her do a separate return to be able to get the credit? 

lamontjon
Level 3

Residency status For new Green card holder

The Turbotax program should walk you through the questions to determine if you should file as Married or Head of Household.  Basically did she live with you during the last six months of the year?

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