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Originally Posted by mwab09 Can a resident alien married to a non-resident alien get the Earned Income Credit. Resident Spouse has a SS# but the non-resident spouse just got her SS# this year? Can he file a joint return and the get the Earned Income Credit |
The nonresident alien that married to a resident alien is treated as a USresident;even if the spouse was a nonresident alien for any part of year of 2013, aslongas they file their return as MFJ, then,they claim EITC on their return.