Stimulus payment for foreign wife of a U.S. citizen

[Natasha Cota 11]

Hi everyone! I'm married to a U.S. citizen for a few months. Came here in November (k1 visa). We filled for my adjustment of status and work permit. In February I did my fingerprints. My question is am I eligible to get a $1200 stimulus payment? I have a valid SSN. I worked in US in 2018 as a j1 student for 3 months. I also did my taxes for that year with RTTAX. My husband got his payment yesterday. Can I get this payment too?

[Sweetdreaming 384]

did you file taxes married jointly with husband ? it seems not... If you filed married filing separately, you would be a non resident for tax purposes and therefore ineligible for stimulus check unless you pass the subtantial presence test, did you file 1040 or 1040 NR ?

 

Edited April 16, 2020 by skjourney

[Natasha Cota 11]

5 minutes ago, skjourney said:

did you file taxes married jointly with husband ? it seems not... If you filed married filing separately, you would be a non resident for tax purposes and therefore ineligible for stimulus check unless you pass the subtantial presence test, did you file 1040 or 1040 NR ?

 

No we filled separately coz we got married this December. I didn't file 1040 also. It seems like if we do 2019 taxes together now I'll get the money.

[DaveAndAnastasia 2,079]

It looks like you and your husband did not file your 2019 tax return jointly (he'd only get $1200 if he filed as married filing separately or single -- and he shouldn't have filed as single if you married before midnight on Dec 31, 2019) unless he made around $175,000 last year (and if he got $1200 because of a high income, that's all you'll get), so you can't do anything right now.

 

HOWEVER, when you get your 2020 tax return in 2021 (presuming either you file jointly with your husband or separately on your own), you'll be able to claim however much you're eligible for then.

[_Layne 27]

Hello, just to share. I worked in the US back in 2018 (as H1B) and filed taxes for that, and yesterday I was surprised to receive stimulus check the same time as my USC husband did. (We just got married late last year and he has not filed taxes yet this year as a married couple, so I can say it was based on my 2018 taxes)

Edited April 16, 2020 by _Layne

[Natasha Cota 11]

Just now, DaveAndAnastasia said:

It looks like you and your husband did not file your 2019 tax return jointly (he'd only get $1200 if he filed as married filing separately or single -- and he shouldn't have filed as single if you married before midnight on Dec 31, 2019) unless he made around $175,000 last year (and if he got $1200 because of a high income, that's all you'll get), so you can't do anything right now.

 

HOWEVER, when you get your 2020 tax return in 2021 (presuming either you file jointly with your husband or separately on your own), you'll be able to claim however much you're eligible for then.

Neither of us did 2019 taxes coz I was not living here in 2019 and he just didn't file his 2019 taxes. We want to file 2019 taxes now jointly as a married couple and hope I'll get the money

[Natasha Cota 11]

1 minute ago, _Layne said:

Hello, just to share. I worked in the US back in 2018 (as H1B) and filed taxes for that, and yesterday I was surprised to receive stimulus check the same time as my USC husband did. (We just got married late last year and he has not filed taxes yet this year as a married couple, so I can say it was based on my 2018 taxes)

Did you file through turbotax?

[_Layne 27]

Just now, Natalia Cota said:

Did you file through turbotax?

Yeah I did

[Natasha Cota 11]

3 minutes ago, _Layne said:

Yeah I did

Turbotax files taxes as if you are a resident. That's why you got it. I did mine through RTTAX.

[Sweetdreaming 384]

so to clear all this up, if you are yet to file 2019 and will file jointy with an SSN yes you will be eligible for stimulus check. Whether you`ll actually get it this year may be in doubt as your husband has already been paid out, but at the least you will be able to claim it in 2020 as @DaveAndAnastasia  mentions above.

[Natasha Cota 11]

Just now, skjourney said:

so to clear all this up, if you are yet to file 2019 and will file jointy with an SSN yes you will be eligible for stimulus check. Whether you`ll actually get it this year may be in doubt as your husband has already been paid out, but at the least you will be able to claim it in 2020 as @DaveAndAnastasia  mentions above.

Yeah that's what we are thinking now. I'm only confused if we should file as if I am my husband dependent since I don't work yet. But irs site says you are not eligible for check if you are another taxpayer dependent..

[millefleur 5,035]

**Moved from AOS from K1 and K3 Family Based Visas to Covid-19 Discussion; stimulus payments are usually discussed there**

[arken 4,197]

15 minutes ago, Natalia Cota said:

Yeah that's what we are thinking now. I'm only confused if we should file as if I am my husband dependent since I don't work yet. But irs site says you are not eligible for check if you are another taxpayer dependent..

You will not be your husband’s dependent, you will be filing jointly with your husband.

[Natasha Cota 11]

1 minute ago, arken said:

You will not be your husband’s dependent, you will be filing jointly with your husband.

Alright. Thank you! Thank you all guys

[Ayrton 965]

4 hours ago, Natalia Cota said:

Yeah that's what we are thinking now. I'm only confused if we should file as if I am my husband dependent since I don't work yet. But irs site says you are not eligible for check if you are another taxpayer dependent..

Your husband already got his Stimulus based  on 2018, so you wouldn't get the other $1200 now if you file 2019.

 

You can receive it though in 2021 when you file 2020 taxes, if the combined income for 2020 is less than 150k (if filing jointly) or your income is less than 75k (if filing separately).

 

I suggest you reading this page from the IRS:

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

Filing taxes has nothing to do with you having an EAD. If you want to file jointly with him for 2019, you must follow what that page says. It doesn't matter if you lived only 1 day in 2019. You will be considered a resident for the whole year by sending the statement and must report your foreign income.