page 12-3 under WHO CAN CLAIM THE CREDIT, says the the taxpayer or spouse can not be a nonresident alien or did not elect to be treated as a resident alien for tax purposes. resdient alien is someone who has a green card or meets the substantial presence test. I just would like to make sure that if somebody meets that substantial presence test is considered a resident alien and is eligible to take the education credit. what if the there is a married couple in which case one meets the substantial presence test and the spouse does not and the education expenses are for the spouse?