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Question about stimulus check and dependents (Split)

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Filed: Other Country: Armenia
Timeline

Could you please answer the following question? I have GC and SSN, in 2018 and 2019 did not live in the US, i applied for stimulus check without mentioning my dependants, as my wife and son does not have their SSN number yet because of the SSA office closure. I got my .1200 $ 2 weeks ago. Do you think I did it right not mentioning my dependants as on their fields they ask for SSN, and you cannot go forward without that? They came to US on march 16 as LPRs. Do I need any steps to do?

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*** Post split from another thread. Please do not ask questions about your case in other member's threads. You are free to start your own.

 

VJ Moderation

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: Citizen (apr) Country: Canada
Timeline
1 hour ago, 8591 said:

Could you please answer the following question? I have GC and SSN, in 2018 and 2019 did not live in the US, i applied for stimulus check without mentioning my dependants, as my wife and son does not have their SSN number yet because of the SSA office closure. I got my .1200 $ 2 weeks ago. Do you think I did it right not mentioning my dependants as on their fields they ask for SSN, and you cannot go forward without that? They came to US on march 16 as LPRs. Do I need any steps to do?

There is no application for stimulus check. It depends on prior tax filings. Did you file taxes in 2018 and 2019? What status did you file under (single, head of household, married filing jointly, etc.)? Since you already got $1200, it seems you filed as single in the past. Since your family only arrived in March 2020, they were not residents in 2019 and prior. Are you asking if you could change your filing status now that your family is here? Or if they too could get stimulus payment once they get their SSNs? What exactly are you asking?

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I think (it is uncertain) the OP used the non-filers form...I'm assuming he did not earn enough income to be required to file taxes in 2019 while he was abroad. If he did have any income (worldwide income is counted) enough to be required to file (this is a very low amount), then that's an issue...

But if you didn't claim them and were required to do so, you basically perjured yourself when you filled out the form. The lack of an SSN is not a basis to complete the form improperly. "Without mentioning" is a misrepresentation if the question is asked and you do not provide accurate information.

Edit: But if the form was completed properly (you are not required to claim to file jointly), then there is no issue.

 

If you did file a 2019 return and claimed to be single (or HOH) and did not qualify for that status, then that's an issue that needs to be resolved via a 1040X.

 

Either way, I doubt it will have actual consequences since you will qualify for the full credit for all individuals (subject to income limits) when you file 2020 taxes. The $1200 you got is only an advance rebate on that credit. So even if the rebate was improperly obtained, it's very likely a moot point if you end up actually qualifying for the credit.

So it would be an administrative item to fix the issue. You would get the full credit at the time of filing 2020 taxes.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Other Country: Armenia
Timeline

1) I did not file taxes as in 2018 and 2019 i was not living in US, and I became LPR in january 2020.

2) My wife and son became LPRs in march 2020, and since they arrived US, they could not get their SSN as of the Covid19.

3) Yes I filed as  single, and in the dependant section I put their names, but it was asking for SSN, so I deleted them as they do not have SSN.

 

Questions: will they get their stimulus check when they get their SSN?

 

And the most important question: Did I do wrong thing about not mentioning dependants because they do not have SSN at this point?

Do I need to do any action ? As I do not want to do anything wrong

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3 minutes ago, 8591 said:

1) I did not file taxes as in 2018 and 2019 i was not living in US, and I became LPR in january 2020.

2) My wife and son became LPRs in march 2020, and since they arrived US, they could not get their SSN as of the Covid19.

3) Yes I filed as  single, and in the dependant section I put their names, but it was asking for SSN, so I deleted them as they do not have SSN.

 

Questions: will they get their stimulus check when they get their SSN?

 

And the most important question: Did I do wrong thing about not mentioning dependants because they do not have SSN at this point?

Do I need to do any action ? As I do not want to do anything wrong

They won't receive anything because they came in 2020. They will have something when they file tax next year.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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28 minutes ago, 8591 said:

1) I did not file taxes as in 2018 and 2019 i was not living in US, and I became LPR in january 2020.

So you did you file taxes in 2019? Or did you use the "non-filer" tool from the IRS website?

https://www.irs.gov/coronavirus/economic-impact-payments

 

28 minutes ago, 8591 said:

3) Yes I filed as  single, and in the dependant section I put their names, but it was asking for SSN, so I deleted them as they do not have SSN.

Meaning you did not list them. Listing them then removing them before submitting is not listing them.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Just now, 8591 said:

I have never filed taxes in US because I have never lived here, I started living in US in 2020. Yes I have used non filers form. And did not mention them as depwndants. So now I have problems?  

Yes. Did you read the non-filer's form:

Quote
Quote

Do NOT continue here if:

  • You receive Social Security retirement, disability (SSDI), survivor benefits, Supplemental Security Income (SSI) or Veterans Affairs benefits. The IRS will automatically send you an Economic Impact Payment.
  • You have already filed a 2019 federal income tax return.
  • Your 2019 gross income exceeded $12,200 ($24,400 for a married couple) or other reasons require you to file a 2019 federal tax return.
  • You were married at the end of 2019 and are not submitting information here with your spouse.
  • You were not a U.S. citizen, permanent resident or qualifying resident alien in 2019.

 

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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5 minutes ago, 8591 said:

Ok I got it, so what can I do now, contact IRS? Or?

Honestly, I'm not sure if there is a way to "fix" it. The whole process for the advance rebate was rushed out the door. AFAIK, there is no way to undo an advance.

 

That said, you will qualify for the underlying tax credit in 2020 (as will your spouse and any eligible dependents). So it may be something to just keep your head down and it will fix itself when you do 2020 taxes. You were not supposed to complete the form and get the $1200 early, but you are supposed to get it (plus that of your spouse and children) in the end.

 

Might not be a bad idea to ask the IRS or a CPA if there is anything you need to do to report the mistake, but I don't have specific directions on the process, sorry.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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4 minutes ago, 8591 said:

Ok thank you. Just need tour opinion will this stupid mistake do any harm in the future as a an LPR?

I don't think so...it is a misrepresentation but I would tend to believe it would be treated as either (or both) not willful or not material. Either way, not something I would lose sleep over. Just try to fix it if you can, otherwise be sure to complete 2020 taxes properly.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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