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The Childcare credit form (2441) states that to qualify for this credit, you must not be "married filing seperately". In other words, the government imposes a penalty on those choosing to file MFS.

However, I'm filing MFS since I cannot do otherwise - as a nonresident alien I cannot file jointly.
Is there a way around this? I.e. is my understanding correct?

Now I'm aware of Phil's advice to avoid searching for logic in the tax code, but it still doesn't make sense that had I not lived with my wife for the past six months I would have been eligible for a nice credit (a stipulation that makes sense as a protection for couple who file seperately due to marriage problems), but as a happily married man I must pay more to the IRS.

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