After talking to her, I have figured it out..  no for many reasons she is not entitled to the EIC no matter what.. since I can tell she left in mid August.   Neither one had any other houseing but to be together under one roof.. maybe not in the same room.. but same roof that they shared.    It's just confusing my brain that she has income from 2 countries. and lived in both countries in the same year... and plans to stay in the foreign country. so US income and Canadian income.  She is believing that  I should JUST file the USA income on a 1040 mfs  and SHE will file a Canadian income for the other income.