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

[riverarick]

  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?

[TaxGuyBill · Accepted solution]

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.