Stimulus payment

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No my spouse is not F1 and i filed our taxes when only having ITIN in January. My spouse only got SSN in June. So we did not get stimulus. One of the perks of being a USC....not.

None of that should matter though as far as i know. I am no expert and your mutual specific tax situation may be different. Merely sharing my path.

Tax law states because you are married, you must file your taxes using either the Married Filing Jointly status or Married Filing Separately status. So you have to both file either way. For AOS, unless fiscally disadvantageous, i would suggest jointly filing as your goal with USCIS is proving your marriage is bonafide. Joint filing taxes helps indicate intermingling of finances.

Per IRS:

https://www.irs.gov/individuals/inte...t-alien-spouse

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident. This includes situations in which one of you is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other is a nonresident alien at the end of the year.

If you and your nonresident alien spouse do not choose to treat your nonresident alien spouse as a U.S. resident alien, you may be able to use head of household filing status. To use this status, you must pay more than half the cost of maintaining a household for certain dependents or relatives other than your nonresident alien spouse.

[immquestion]

thanks

what is our advice , filing joint or filing separately is better for AOS.

[Enub4]

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.

Thank you very much. Here is the information we have:
- February 2019 filed 2018 taxes with one SSN and one ITIN
- April 2019, spouse received SSN
- May 2019, sent a letter to IRS informing that spouse now has SSN
- September 2019, IRS sent us a letter saying that the ITIN has been canceled because now they have a SSN on file
- May 2020, filed 2019 taxes with SSN for both

No stimulus check yet. I guess that if we don't receive it this year we will be able to select an option on the 2020 tax return to get $2,400 credit, at least we hope that.

My guess is that we qualify for the stimulus because:
- we are residents for tax purposes
- we both have SSN since, at least, May 2019
- we filed 2019 tax return with SSN for both

[newacct]

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.

Even if your spouse is a nonresident alien, as long as you are a resident or citizen, you can use Nonresident Spouse Treated as Resident to treat your spouse as a resident alien for the whole year and file jointly with your spouse. In fact, that's the only way you can file jointly, because nonresident aliens cannot file jointly. So by filing jointly, you must be using Nonresident Spouse Treated as Resident. (And only the 1040 form allows you to file jointly; the 1040NR form does not allow filing jointly.)

[immquestion]

Even if your spouse is a nonresident alien, as long as you are a resident or citizen, you can use Nonresident Spouse Treated as Resident to treat your spouse as a resident alien for the whole year and file jointly with your spouse. In fact, that's the only way you can file jointly, because nonresident aliens cannot file jointly. So by filing jointly, you must be using Nonresident Spouse Treated as Resident. (And only the 1040 form allows you to file jointly; the 1040NR form does not allow filing jointly.)

Thanks @ By filing Joint tax returns , Does getting the stimulus payment will be considered as a public charge.

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Thank you very much. Here is the information we have:
- February 2019 filed 2018 taxes with one SSN and one ITIN
- April 2019, spouse received SSN
- May 2019, sent a letter to IRS informing that spouse now has SSN
- September 2019, IRS sent us a letter saying that the ITIN has been canceled because now they have a SSN on file
- May 2020, filed 2019 taxes with SSN for both

No stimulus check yet. I guess that if we don't receive it this year we will be able to select an option on the 2020 tax return to get $2,400 credit, at least we hope that.

My guess is that we qualify for the stimulus because:
- we are residents for tax purposes
- we both have SSN since, at least, May 2019
- we filed 2019 tax return with SSN for both

Was your tax return paper filed or online and was it accepted/ refund issued? If you are still waiting for that it might be that you get stimulus after it processed. No idea how it works, kust a thought. We too hope that if nothing happens that we will be able to claim during next tax return.

[immquestion]

Was your tax return paper filed or online and was it accepted/ refund issued? If you are still waiting for that it might be that you get stimulus after it processed. No idea how it works, kust a thought. We too hope that if nothing happens that we will be able to claim during next tax return.

today i will send the paper work for tax. as we cannot efile.

[mkot14]

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.

My spouse was on F1 OPT when I petitioned for her (I am a GC holder) in January 2020. I filed "married filing joint" taxes sometime in February or March when her OPT period actually ended. I got $2400 deposited to my account the first week that the govt. started sending payments. I considered her a resident alien for tax purposes by filing jointly. During our I-485 interview, they did not ask any questions related to stimulus payments or anything financial related because I had already submitted my I-864 for concurrent filing in January.

[Enub4]

Was your tax return paper filed or online and was it accepted/ refund issued? If you are still waiting for that it might be that you get stimulus after it processed. No idea how it works, kust a thought. We too hope that if nothing happens that we will be able to claim during next tax return.

Filed online, refund issued in less than 2 weeks, direct deposit 7 weeks ago, the same bank account as the last 4 tax refunds.

Edit: no stimulus yet.

[immquestion]

Filed online, refund issued in less than 2 weeks, direct deposit 7 weeks ago, the same bank account as the last 4 tax refunds.

Did you got your stimulus payment.

[Enub4]

Did you got your stimulus payment.

No, no stimulus yet.