Stimulus Checks for non US Citizen Spouse

[lunajo 1]

Hi all!

 

I am writing in reference to this piece of news: https://www.cnet.com/personal-finance/sorry-not-everyone-will-qualify-for-the-second-stimulus-payment-even-if-they-got-the-first-one/

 

I am a foreigner who is legally married to a US citizen. We submitted the Adjustment of Status application in Sep 2020 and we are currently waiting for the next steps of the process. 

 

Based on my current status, I would like to check whether I am eligible for the 2nd round of the stimulus check. 

 

If so, do I need to submit Form W-7 for a ITIN (Individual Taxpayer Identification Number)? 

 

Appreciate any feedback and advice on this. 

 

Thanks!

 

 

Edited December 29, 2020 by lunajo

[Crazy Cat 39,246]

****Moved to Taxes and Finance during US immigration discussion area**

[JeanneAdil 6,198]

The advanced stimulus payments will be determined based on 2019 income (or 2018 income if that is all that is available to the IRS) and the final amount of the benefits will be determined based on 2020 income and settled on the 2020 tax return.

 

Only apply for the ITIN if you do not have a SS # by time of filing as 

1.  takes paper filing and supporting documents need to be originals

2.  will take longer to get a refund than normal IRS processing times

 

Follow IRS guidelines for getting the ITIN # according to IRS site and the following rule for resident alien spouse

 

Choosing Resident Alien Status

Even if you don't meet the green card test or substantial presence test, you may be taxed as a resident alien for part of a calendar year by making the First-Year Election or, if you are a nonresident alien married to a U.S. citizen or resident alien, and you and your spouse make an election for you to be treated as a resident alien for the entire calendar year and all subsequent years until terminated. See Chapter 1 of Publication 519, U.S. Tax Guide for Aliens PDF for more information.

 

IRS site for the above is this:

https://www.irs.gov/taxtopics/tc851

 

 

[igoyougoduke 1,604]

1 hour ago, lunajo said:

Hi all!

 

I am writing in reference to this piece of news: https://www.cnet.com/personal-finance/sorry-not-everyone-will-qualify-for-the-second-stimulus-payment-even-if-they-got-the-first-one/

 

I am a foreigner who is legally married to a US citizen. We submitted the Adjustment of Status application in Sep 2020 and we are currently waiting for the next steps of the process. 

 

Based on my current status, I would like to check whether I am eligible for the 2nd round of the stimulus check. 

 

If so, do I need to submit Form W-7 for a ITIN (Individual Taxpayer Identification Number)? 

 

Appreciate any feedback and advice on this. 

 

Thanks!

 

 

You are ineligible for stimulus as you are not a green card holder or citizen 

Edited December 29, 2020 by igoyougoduke

[Chancy 6,233]

11 minutes ago, igoyougoduke said:

You are ineligible for stimulus as you are not a green card holder or citizen 

 

Not accurate.  Non-citizens/non-PRs (such as EAD holders pending AOS) who had SSN and filed taxes were eligible even for the previous round of stimulus checks.

 

[igoyougoduke 1,604]

26 minutes ago, Chancy said:

 

Not accurate.  Non-citizens/non-PRs (such as EAD holders pending AOS) who had SSN and filed taxes were eligible even for the previous round of stimulus checks.

 

taking stimulus can bite them back if USCIS questions the need for financial stimulus  if they are financially self sufficient and possibly disqualify them for green card 

Edited December 29, 2020 by igoyougoduke

[Chancy 6,233]

2 minutes ago, igoyougoduke said:

taking stimulus can bite them back if USCIS questions the need for financial stimulus  if they are financially self sufficient

 

Not true.  The stimulus check is a tax credit, something that eligible taxpayers are entitled to.  It is not a publicly-funded benefit like food stamps that casts doubt on someone's financial capacity.  Stop with the fearmongering.

 

[lunajo 1]

5 minutes ago, Chancy said:

 

Not true.  The stimulus check is a tax credit, something that eligible taxpayers are entitled to.  It is not a publicly-funded benefit like food stamps that casts doubt on someone's financial capacity.  Stop with the fearmongering.

 

 

I am currently awaiting for the next steps of my AOS... and have not receive my EAD and AP. I am wondering whether I can still apply for ITIN and for the stimulus checks.

[Chancy 6,233]

1 minute ago, lunajo said:

I am currently awaiting for the next steps of my AOS... and have not receive my EAD and AP. I am wondering whether I can still apply for ITIN and for the stimulus checks.

 

Even without EAD/AP, you may apply for ITIN if you choose to file taxes jointly with your US citizen spouse and elect to be treated as a resident alien for tax purposes.  JeanneAdil provided the links above for more info.

 

That said, IRS will determine your eligibility for the next stimulus check based on your 2019 taxes.  According to the article you linked, people who filed with ITIN may now be eligible.  But if you didn't file taxes this year and don't have SSN, I don't know how you can get a stimulus check.  Maybe someone more familiar with the new law can chime in.

 

Even so, applying for ITIN and filing MFJ for 2020 may still be beneficial for you, stimulus check or no.  I suggest consulting with a tax advisor to get advice tailored to your circumstances.

 

[igoyougoduke 1,604]

2 hours ago, Chancy said:

 

Not true.  The stimulus check is a tax credit, something that eligible taxpayers are entitled to.  It is not a publicly-funded benefit like food stamps that casts doubt on someone's financial capacity.  Stop with the fearmongering.

 

.

Edited December 30, 2020 by igoyougoduke

[seekingthetruth 1,218]

The linked article is not well written in the sections about ITIN, etc.  Google and you can find better.

 

Keep it simple.  Here are examples.

 

First Stimulus Family Filing Joint Return

 

Family Member             Amount

Spouse 1 has SSN        $0

Spouse 2 has ITIN        $0

Child 1 has SSN            $0

Child 2 has SSN            $0

Family Total                   $0

 

Second Stimulus Family Filing Joint Return

 

Family Member             Amount

Spouse 1 has SSN        $600

Spouse 2 has ITIN        $0

Child 1 has SSN            $600

Child 2 has SSN            $600

Family Total                   $1800

 

However, families who did not get the first stimulus due to the ITIN can now get a tax credit on their 2020 taxes, for the first stimulus amounts.

 

Tax Credit For First stimulus Family Filing Joint Return

 

Family Member             Amount

Spouse 1 has SSN        $1200

Spouse 2 has ITIN        $0

Child 1 has SSN            $500

Child 2 has SSN            $500

Family Total                   $2200

 

To the OP, the only reason for getting an ITIN is if you and your spouse will save money on taxes by filing jointly.  That is my situation.  For the first stimulus, I had the option of filing without my wife and getting the stimulus, but filing jointly with my wife saves me more money than the stimulus.  So I did not get the first stimulus, but after the new law passed, I will get it as a tax credit on 2020 taxes.

 

Under the new rules, a resident without SSN will not get a stimulus, but the U.S. citizen family members will. 

 

One part I am not sure of.  If 2019 taxes were filed with ITIN, and then spouse 2 gets a SSN before filing 2020 joint return, will they get the extra money for spouse 2?

[Ayrton 965]

4 hours ago, igoyougoduke said:

You are ineligible for stimulus as you are not a green card holder or citizen 

Maybe do some research before posting something like this. What you said is not true.

 

1. You don't need to be a citizen or green card holder to receive it. The only requirements for the first one was to be a Resident Alien for Tax Purposes (which has nothing to do with having a green card) and having a SSN.

2. Stimulus Check is not considered Public Charge.

 

2 minutes ago, seekingthetruth said:

 One part I am not sure of.  If 2019 taxes were filed with ITIN, and then spouse 2 gets a SSN before filing 2020 joint return, will they get the extra money for spouse 2?

 

Yes. 

Edited December 30, 2020 by Ayrton

[seekingthetruth 1,218]

4 minutes ago, Ayrton said:

1. You don't need to be a citizen or green card holder to receive it. The only requirements for the first one was to be a Resident Alien for Tax Purposes (which has nothing to do with having a green card) and having a SSN.

For all payments, SSN is required.  So you would need to be resident alien with a SSN.  If you have information contradicting this, please share the source.

[Ayrton 965]

2 minutes ago, seekingthetruth said:

For all payments, SSN is required.  So you would need to be resident alien with a SSN.  If you have information contradicting this, please share the source.

I don't know if you quoted the wrong part, but how is that different from what I said?

[Letspaintcookies 2,207]

Just like the first round it's an advanced payment for a tax relief for the 2020 taxes so you can claim it when you do your taxes for 2020 next year. Either you have a SSN till then or get an ITIN to file but nothing you can do now on short notice. Like others have already said the eligibility is decided by the 2019 taxes and nobody at the IRS knew about you at that time.