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Can a mexican citizen who marries a us citizen qualify for earned income credit and educational credit?

riverarick
Level 1

  As a mexican citizen she was not entilted to either of these credits but not that is is married to a us citizen is she eligible?

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TaxGuyBill
Level 15

Maybe.  Why did the Mexican Citizen not qualify before getting married?

Some possible reasons:

  1. She was not a US Resident Alien:  Filing a Joint tax return and making the election to be taxed as a full-year Resident would not qualify her.
  2. She did not have a Social Security Number.  Just getting married won't fix that, she would need a Social Security Number.
  3. She did not live in the US for at least 1/2 of the year.  Again, just getting married won't fix that, she would need to live in the US for at least 1/2 of the year.
Filing a Joint tax return also now means the Earned Income Credit is based on the Joint income, so it is possible that would now disqualify them.

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1 Comment 1
TaxGuyBill
Level 15

Maybe.  Why did the Mexican Citizen not qualify before getting married?

Some possible reasons:

  1. She was not a US Resident Alien:  Filing a Joint tax return and making the election to be taxed as a full-year Resident would not qualify her.
  2. She did not have a Social Security Number.  Just getting married won't fix that, she would need a Social Security Number.
  3. She did not live in the US for at least 1/2 of the year.  Again, just getting married won't fix that, she would need to live in the US for at least 1/2 of the year.
Filing a Joint tax return also now means the Earned Income Credit is based on the Joint income, so it is possible that would now disqualify them.
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