Stimulus payment

[immquestion]

Hi I am US citizen and my spouse if on F1 visa. I want to apply for AOS for my spouse. and we are filing joint tax returns, he will be considered as resident alien for tax purpose only.

if he get the stimulus payment , will this come under the public charge. or any negative effect on the AOS process.

Thanks

[mkot14]

No, stimulus payments do not fall under the category of public charge. I did exactly what you're doing for my spouse and her I485 just got approved.

[000000]

Just FYI, if you file taxes and use an ITIN for spouse, you both will not get stimulus. I assume this does not apply to you but it happened to me as my spouse did not have SSN at the time. I am USC. Both must have SSN to get stimulus.

[Enub4]

Just FYI, if you file taxes and use an ITIN for spouse, you both will not get stimulus. I assume this does not apply to you but it happened to me as my spouse did not have SSN at the time. I am USC. Both must have SSN to get stimulus.

Some sources say that you need to be a Citizen or GC holder to get stimulus, others say you need to be a resident for tax purposes and others say that you need to be a resident for tax purposes and have SSN. We haven't received stimulus, up until 2018 one spouse with SSN the other with ITIN. For 2019 tax we both have SSN but no GC holders yet, filed 2019 after the checks were deposited/mailed.

Until this day I'm not sure if we qualify or not. I will figure it out next year filing the tax return.

[000000]

If you file jointly with one SSN and one ITIN, you wont get stimulus. You can google it (i cant post links) as there are lawsuits against this, since this impacts USC as well who dont get stimulus if filed jointly with non SSN. ThIs is due to a law from OBAMA era as last time stimulus was paid in 2009 the same rules applied.

if you have filed using ITIN, and do have a SSN later, you would have to notify IRS at such time and ask them to defunct the ITIN and replace with SSN, at wich point you "should" get stimulus as and when records show both have SSN. I have done this by mailing to IRS but they have not come back yet as they are backlogged opening mail.

From irs website

A2. Although some filers, such as high-income filers, will not qualify for an Economic Impact Payment, most will.

Taxpayers likely won't qualify for an Economic Impact Payment if any of the following apply:

• You do not have any qualifying children and your adjusted gross income is greater than
  • $198,000 if your filing status was married filing jointly
  • $136,500 for head of household
  • $99,000 for all other eligible individuals
• You can be claimed as a dependent on someone else’s return. For example, this would include a child, student who can be claimed on a parent’s return or a dependent parent who is claimed on their child’s return.
• You do not have a Social Security number that is valid for employment.
• You are a nonresident alien.
• You filed Form 1040-NR or Form 1040NR-EZ, Form 1040-PR or Form 1040-SS for 2019.
• An incarcerated individual.
• A deceased individual.
• An estate or trust

Q14. A person who is a nonresident alien in 2020 is not eligible for the Payment. A person who is a qualifying resident alien with a valid SSN is eligible for the Payment only if he or she is a qualifying resident alien in 2020 and could not be claimed as a dependent of another taxpayer for 2020. Aliens who received a Payment but are not qualifying resident aliens for 2020 should return the Payment to the IRS by following the instructions about repayments.

There is an article for example on cnbc:

He's an American but his wife is not. He's not getting a stimulus check

PUBLISHED WED, MAY 6 2020 4:09 PM EDT
UPDATED WED, MAY 6 2020 6:20 PM EDT
Lorie Konish
@LORIEKONISH
SHARE
KEY POINTS

• The government is sending $1,200 stimulus checks to millions of Americans, but there are exceptions.
• In order to qualify, you must have a Social Security number. And if you file joint tax returns with a spouse, they must also have a Social Security number.
• That means many American citizens, as well as their children, are not receiving checks. Now some individuals and advocacy organizations are expressing their outrage over the exclusion.

[immquestion]

No, stimulus payments do not fall under the category of public charge. I did exactly what you're doing for my spouse and her I485 just got approved.

Did you people get the payment of $2400. Did they asked anything in the interview about this. or Do we have to mention this somewhere in the I944 form.

[immquestion]

Just FYI, if you file taxes and use an ITIN for spouse, you both will not get stimulus. I assume this does not apply to you but it happened to me as my spouse did not have SSN at the time. I am USC. Both must have SSN to get stimulus.

we don't have ITIN , we both have SSN. My spouse SSN mentioned over it "ELIGIBLE FOR EMPLOYMENT WITH DHS AUTHORIZATION". will we get the stimulus payment.

[000000]

we don't have ITIN , we both have SSN. My spouse SSN mentioned over it "ELIGIBLE FOR EMPLOYMENT WITH DHS AUTHORIZATION". will we get the stimulus payment.

Then you should be eligeble and getting it, not sure when though. Probably automatic once you file or else at the very least have to be claimed as credit during next year return.

[immquestion]

If you file jointly with one SSN and one ITIN, you wont get stimulus. You can google it (i cant post links) as there are lawsuits against this, since this impacts USC as well who dont get stimulus if filed jointly with non SSN. ThIs is due to a law from OBAMA era as last time stimulus was paid in 2009 the same rules applied.

if you have filed using ITIN, and do have a SSN later, you would have to notify IRS at such time and ask them to defunct the ITIN and replace with SSN, at wich point you "should" get stimulus as and when records show both have SSN. I have done this by mailing to IRS but they have not come back yet as they are backlogged opening mail.

From irs website

A2. Although some filers, such as high-income filers, will not qualify for an Economic Impact Payment, most will.

Taxpayers likely won't qualify for an Economic Impact Payment if any of the following apply:

• You do not have any qualifying children and your adjusted gross income is greater than
  • $198,000 if your filing status was married filing jointly
  • $136,500 for head of household
  • $99,000 for all other eligible individuals
• You can be claimed as a dependent on someone else’s return. For example, this would include a child, student who can be claimed on a parent’s return or a dependent parent who is claimed on their child’s return.
• You do not have a Social Security number that is valid for employment.
• You are a nonresident alien.
• You filed Form 1040-NR or Form 1040NR-EZ, Form 1040-PR or Form 1040-SS for 2019.
• An incarcerated individual.
• A deceased individual.
• An estate or trust

Q14. A person who is a nonresident alien in 2020 is not eligible for the Payment. A person who is a qualifying resident alien with a valid SSN is eligible for the Payment only if he or she is a qualifying resident alien in 2020 and could not be claimed as a dependent of another taxpayer for 2020. Aliens who received a Payment but are not qualifying resident aliens for 2020 should return the Payment to the IRS by following the instructions about repayments.

There is an article for example on cnbc:

He's an American but his wife is not. He's not getting a stimulus check

PUBLISHED WED, MAY 6 2020 4:09 PM EDT
UPDATED WED, MAY 6 2020 6:20 PM EDT
Lorie Konish
@LORIEKONISH
SHARE
KEY POINTS

• The government is sending $1,200 stimulus checks to millions of Americans, but there are exceptions.
• In order to qualify, you must have a Social Security number. And if you file joint tax returns with a spouse, they must also have a Social Security number.
• That means many American citizens, as well as their children, are not receiving checks. Now some individuals and advocacy organizations are expressing their outrage over the exclusion.

Thanks

is this qualifying resident alien different from a resident from tax purposes only? we have not applied for the green card yet and he is here on an F1 visa since September 2017.

[000000]

Thanks

is this qualifying resident alien different from a resident from tax purposes only? we have not applied for the green card yet and he is here on an F1 visa since September 2017.

He is a resident alien of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1-December 31)

So you should be all good.

[immquestion]

He is a resident alien of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1-December 31)

So you should be all good.

But we have not applied for the Green card yet and secondly e does not pass the substantial presence test as e is on F1 visa.

[000000]

But we have not applied for the Green card yet and secondly e does not pass the substantial presence test as e is on F1 visa.

You should be fine either way as you both have a SSN. My wife and i filed without her even having any visa using an ITIN and also had no problem so you should be in better shape.

From the IRS:

Substantial Presence Test

More In File

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   • All the days you were present in the current year, and
   • 1/3 of the days you were present in the first year before the current year, and
   • 1/6 of the days you were present in the second year before the current year.

Example:

You were physically present in the U.S. on 120 days in each of the years 2012, 2013, and 2014. To determine if you meet the substantial presence test for 2014, count the full 120 days of presence in 2014, 40 days in 2013 (1/3 of 120), and 20 days in 2012 (1/6 of 120). Since the total for the 3-year period is 180 days, you are not considered a resident under the substantial presence test for 2014.

[immquestion]

You should be fine either way as you both have a SSN. My wife and i filed without her even having any visa using an ITIN and also had no problem so you should be in better shape.

From the IRS:

Substantial Presence Test

More In File

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   • All the days you were present in the current year, and
   • 1/3 of the days you were present in the first year before the current year, and
   • 1/6 of the days you were present in the second year before the current year.

Example:

You were physically present in the U.S. on 120 days in each of the years 2012, 2013, and 2014. To determine if you meet the substantial presence test for 2014, count the full 120 days of presence in 2014, 40 days in 2013 (1/3 of 120), and 20 days in 2012 (1/6 of 120). Since the total for the 3-year period is 180 days, you are not considered a resident under the substantial presence test for 2014.

But F1 student only meet the substantial presence test if they are here for more than five years. My spouse is here since Sep 2017.

IRS website mentions this also

https://www.irs.gov/individuals/inte...-presence-test
Exempt Individual


Do not count days for which you are an exempt individual. The term "exempt individual" does not refer to someone exempt from U.S. tax, but to anyone in the following categories:

• An individual temporarily present in the U.S. as a foreign government-related individual under an “A” or “G” visa, other than individuals holding “A-3” or “G-5” class visas.
• A teacher or trainee temporarily present in the U.S. under a "J" or "Q" visa, who substantially complies with the requirements of the visa.
• A student temporarily present in the U.S. under an "F," "J," "M," or "Q" visa, who substantially complies with the requirements of the visa.
• A professional athlete temporarily in the U.S. to compete in a charitable sports event.

as he is on F1 visa. so might not pass the substantial presence test

[000000]

But F1 student only meet the substantial presence test if they are here for more than five years. My spouse is here since Sep 2017.

IRS website mentions this also

https://www.irs.gov/individuals/inte...-presence-test
Exempt Individual


Do not count days for which you are an exempt individual. The term "exempt individual" does not refer to someone exempt from U.S. tax, but to anyone in the following categories:

• An individual temporarily present in the U.S. as a foreign government-related individual under an “A” or “G” visa, other than individuals holding “A-3” or “G-5” class visas.
• A teacher or trainee temporarily present in the U.S. under a "J" or "Q" visa, who substantially complies with the requirements of the visa.
• A situdent temporarily present in the U.S. under an "F," "J," "M," or "Q" visa, who substantially complies with the requirements of the visa.
• A professional athlete temporarily in the U.S. to compete in a charitable sports event.

as he is on F1 visa. so might not pass the substantial presence test

My spouse is here since mid 2018 and we had no issue filing tax. It went for review maybe for one week but we got our refund. Perhaps someone else can clarify for your specific situation.

[immquestion]

My spouse is here since mid 2018 and we had no issue filing tax. It went for review maybe for one week but we got our refund. Perhaps someone else can clarify for your specific situation.

You filed joint tax returns and your spouse is on F1 visa? and did you get the stimulus payment?