40 quarter rule
The 40 quarter rule is not for residency, but to count the time one was paying social security taxes. Unless your husband paid social security taxes while he was a student, he cannot claim the tax money. Based on my experience, students do not pay social security taxes(I did not pay any while I was a student).
Disclaimer: The opinions expressed above are my personal opinions and do not constitute legal advice. Please consult a tax advicer for any advice.