First Time Homebuyer Credit??

[superman]

Client comes in today and we srart to amended his tax return to add form 5405 in the questions it comes to be know that his wife is a nonresident alien. He is a US citizen has anyone come across this and is so what has been your outcome?

The spouse is going to get her resident status in about 1 month so would you just wait till then and mark the box as neither being a nonresident alien or what?

This credit is so by the seat of your pants I have had many issues with this.

Thanks for any imput

Superman

[taxea]

I think the wife would have to be legal at the time of the purchase of the home. See TTB 11-3. It also says that the spouse is considered an owner whether or not on the deed, mortgage, etc.
Did he buy the home before the marriage? If not, he may not qualify for the credit.