Stimulus Checks for non US Citizen Spouse

[April M 28]

On 12/29/2020 at 3:51 PM, 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!

 

 

My husband is in the US and did not receive anything and was told he would not. If this is not true I would like to know how he would get his. 

[April M 28]

On 12/29/2020 at 9:11 PM, 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.

So my husband just got here and waiting for his s.s. number. So when we do taxes he will get it then, right?

[seekingthetruth 1,218]

5 hours ago, April M said:

So my husband just got here and waiting for his s.s. number. So when we do taxes he will get it then, right?

I think so but that is a unique situation that might require validation.

[HRQX 4,145]

On 12/29/2020 at 1:55 PM, igoyougoduke said:

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

"Generally, you are eligible to claim the recovery rebate credit if in 2020 you were a U.S. citizen or U.S. resident alien, weren't a dependent of another taxpayer, and have a valid social security number. This includes someone who died in 2020, if you are preparing a return for that person." https://www.irs.gov/pub/irs-dft/i1040gi--dft.pdf The US resident alien part is talking about resident alien definition for tax purposes. Even visa overstayers that received SSN from previous work authorization are eligible for both credits. Those individuals usually meet the substantial presence test: https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Edited January 7, 2021 by HRQX

[Wuozopo 4,285]

13 hours ago, April M said:

So my husband just got here and waiting for his s.s. number. So when we do taxes he will get it then, right?

Only if he has a SSN by the time you file taxes.

[Wuozopo 4,285]

I check my bank each morning to see if the stimulus check has been deposited. Nothing. Just now looked it up on the IRS website and it says my payment was mailed Jan 6. Not sure why first stimulus was deposited directly to the bank account on file with the IRS, but they are mailing this one.

Edited January 7, 2021 by Wuozopo

[xoxox 72]

On 12/29/2020 at 5:49 PM, 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.

 

Just according this answers. I'm Green card holder through vawa. Currently I'm working as part time job since I lost my previous job    I received my first and second stimulus check in mail and i went to deposit at my bank account since I didn't provide irs with my bank account information for direct deposit when I filled my tax .

. Just I want to know stimulus checks will affect my eligibility for Naturalization in the future or anything ?

Edited January 17, 2021 by xoxox

[Orangesapples 1,954]

Just now, xoxox said:

Just according this answers. I'm Gc holder through vawa   I received my first and second stimulus check in mail and i went to deposit at my bank account since I didn't provide it's with my bank account information for direct deposit 

. Just I want to know stimulus checks will affect my eligibility for Naturalization in the future or anything ?

It won't. It's just a tax credit or a tax cut if you'd prefer to call it that. 

[HRQX 4,145]

7 minutes ago, xoxox said:

Just I want to know stimulus checks will affect my eligibility for Naturalization in the future or anything ?

It's not an issue. It's a tax credit that you qualified for: https://www.irs.gov/pub/irs-pdf/i1040gi.pdf "Recovery Rebate Credit"

Edited January 17, 2021 by HRQX

[April M 28]

15 minutes ago, xoxox said:

Just according this answers. I'm Green card holder through vawa. Currently I'm working as part time job since I lost my previous job    I received my first and second stimulus check in mail and i went to deposit at my bank account since I didn't provide irs with my bank account information for direct deposit when I filled my tax .

. Just I want to know stimulus checks will affect my eligibility for Naturalization in the future or anything ?

Good question

[xoxox 72]

22 minutes ago, Orangesapples said:

It won't. It's just a tax credit or a tax cut if you'd prefer to call it that. 

Thanks  Just I wanted to know might new government issued new rules or made any changes regarding immigrant as usually come up with new rules . But now I understood receiving stimulus check it won't affect naturazltion .

Even Idk new rules with health insurance  Current I don't have health insurance for 2021 Might I was eligible to get it through Medicaid or market place with government assistance but I didn't apply due it considered public benefits would affect eligiblity for naturazltion so I would rather to stay without health insurance and pay the fine . 

Edited January 17, 2021 by xoxox

[HRQX 4,145]

3 hours ago, xoxox said:

Even Idk new rules with health insurance  Current I don't have health insurance for 2021 Might I was eligible to get it through Medicaid or market place with government assistance but I didn't apply due it considered public benefits would affect eligiblity for naturazltion so I would rather to stay without health insurance and pay the fine . 

You should have gotten it through the ACA marketplace or exchange. Even those waiting for Green Cards can get ACA subsidies without it affecting their pending Green Card applications. See USCIS Policy Manual: https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10

Quote

The following is a non-exhaustive list of public benefits that USCIS does not consider in the public charge inadmissibility determination as they are considered earned benefits:^[20]

• Federal Old-Age, Survivors, and Disability Insurance Social Security benefits (SSDI);

• Social Security;

• Veteran’s benefits including but not limited to HUD-VASH, and medical treatment through the Veteran’s Health Administration;

• Government (including federal and state) pension benefits and healthcare;

• Unemployment benefits;

• Worker’s compensation;

• Medicare; or

• Federal and state disability insurance.

Other benefits not considered public benefits in the public charge inadmissibility determination include, but are not limited to:

• Any services provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act);^[21] 

• Benefits under the Emergency Food Assistance Act (TEFAP);^[22]

• Child and Adult Care Food Program (CACFP);

• Food Distribution Program on Indian Reservations (FDPIR);

• Short-term, non-cash, in-kind emergency disaster relief;

• Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) provided by local communities or through public or private nonprofit organizations;

• Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease;

• Attending public school;

• Benefits though school lunch or other supplemental nutrition programs including:

  • Benefits through the Child Nutrition Act;^[23]

  • Benefits from the National School Lunch Act;^[24]

• Summer Food Service program;

• Child care related services including the Child Care and Development Block Grant Program (CCDBGP);^[25]

• Special Supplemental Nutrition Program for Women, Infants, and Children (WIC);^[26]

• Children’s Health Insurance Program (CHIP) and State Children’s Health Insurance Program (SCHIP);^[27]

• Health Insurance through the Affordable Care Act;

• Tax Credits;

• Transportation vouchers or other non-cash transportation services;

• Housing assistance under the McKinney-Vento Homeless Assistance Act;^[28]

• Energy benefits such as the Low Income Home Energy Assistance Program (LIHEAP);^[29]

• Educational benefits, including, but not limited to, benefits under the Head Start Act;^[30]

• Student loans and home mortgage loan programs; and

• Foster care and adoption benefits.

As there are multiple federal and state public benefits programs, USCIS is unable to list all programs not included within the public charge inadmissibility determination.

 

Edited January 17, 2021 by HRQX

[April M 28]

4 hours ago, xoxox said:

Thanks  Just I wanted to know might new government issued new rules or made any changes regarding immigrant as usually come up with new rules . But now I understood receiving stimulus check it won't affect naturazltion .

Even Idk new rules with health insurance  Current I don't have health insurance for 2021 Might I was eligible to get it through Medicaid or market place with government assistance but I didn't apply due it considered public benefits would affect eligiblity for naturazltion so I would rather to stay without health insurance and pay the fine . 

1. I am wondering the same things. I need answers. What health insurences are except able? Or should I ask which are not except able? I can find many, even one with my employer for my husband but is it good enough to satisfy? How do I know? What are the guidelines (rules) that are clear enough to understand? 

2. As for the tax credit which I do not want to over Shadow the insurance questions, If my husband had a social security number in 2020 I can ask for the credit on my taxes but I don't know if they will give it considering there is a rule from the past that states the person has to be living for 6 months out of the year to claim anything. Does that rule disclude him then? Or it does not matter as long as he has a social security in 2020? 

[HRQX 4,145]

40 minutes ago, April M said:

I can find many, even one with my employer for my husband but is it good enough to satisfy?

Yes, he can be in your employer-based plan. He can also get a plan through the ACA marketplace.

40 minutes ago, April M said:

Does that rule disclude him then?

In his case you must do Married Filing Jointly for this tax season and:

Quote

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:

1. A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of the tax year, and that you choose to be treated as U.S. residents for the entire tax year
2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

 

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

[Ayrton 965]

44 minutes ago, April M said:

1. I am wondering the same things. I need answers. What health insurences are except able? Or should I ask which are not except able? I can find many, even one with my employer for my husband but is it good enough to satisfy? How do I know? What are the guidelines (rules) that are clear enough to understand? 

2. As for the tax credit which I do not want to over Shadow the insurance questions, If my husband had a social security number in 2020 I can ask for the credit on my taxes but I don't know if they will give it considering there is a rule from the past that states the person has to be living for 6 months out of the year to claim anything. Does that rule disclude him then? Or it does not matter as long as he has a social security in 2020? 

To file married filing jointly, he will choose to be treated as a resident for tax purposes for the whole year.