$8000 Homebuyer Tax Credit for Conditional Permanent Residents?

[D & M 0]

We just bought a home last year. I know that Permanent Residents can get it, but how about if I am a USC and she is a Conditional Permanent Resident?

I think the answer is "Yes" but I want to check with you guys.

Please advise!!

[VanessaTony 3,567]

** moving from "Removing Conditions on Residency General Discussion" to "Moving Here and Your New Life In America" as the prior forum is for ROC related discussion and this is more a general US question**

[D & M 0]

She has her Green Card and is considered a Conditional Permanent Resident. In a few months we are going to remove the conditions so she will be a Permanent Resident.

Any help would be most appreciated as I'm trying to get this done very soon tonight.

[Kathryn41 3,205]

Conditional Permanent residents are treated exactly the same as non-conditional permanent residents for all intents and purposes, including income tax. The conditional status is only relevant for USCIS as they require you to proof that your marriage is valid and not for immigration purposes. It is irrelevant for anyone else, except where proof of residency status for certain benefits is tied into the expiry date of the residency (ie driver's licenses).

Edited February 23, 2010 by Kathryn41

[v333k 59]

She has her Green Card and is considered a Conditional Permanent Resident. In a few months we are going to remove the conditions so she will be a Permanent Resident.

Any help would be most appreciated as I'm trying to get this done very soon tonight.

H1-Bs are eligible for such credits, so I doubt there will be a problem for CRs

[letty 1]

We just bought a home last year. I know that Permanent Residents can get it, but how about if I am a USC and she is a Conditional Permanent Resident?

I think the answer is "Yes" but I want to check with you guys.

Please advise!!

We bought a house last year too and ammended our taxes to receive the homebuyer tax credit within the same year. My husband is the USC and I'm here right now as a conditional permanent resident. No problem at all, we received the credit about 8 weeks after we mailed in our ammened tax return of 2008.

Letty

[Brother Hesekiel 2,236]

The legal status is irrelevant here, as these are tax credits, not citizen credits and not LPR credits. The credit is applied to the income taxes paid, so anybody who pays (enough) taxes can benefit from this when purchasing their first home, even the illegal homemaker who files jointly with her husband, as long as they have SS numbers and file their income taxes like any other resident.