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Spouse with ITIN


TaxmannEA

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I have a married couple that both reside in the USA. Husband is a resident alien who did not work for the last 2 years. He just recently got an ITIN and is in the process of getting his green card. Since they live together, I assume that they should have filed MFJ in past years and that there would be no EIC allowed on the return ( 2 kids). Is there any other way to do this?  I'm flashing back to the 70's on this and the rules were different back then. 

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