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Posted

Hi all!

My wife and I got married this august after she entered the us on a K1 visa (july 31st 2020). We filed our AOS October 2020 and there is still no response from USCIS regarding her SSN or EAD we're assuming there might be covid related delays. We are now trying to file taxes jointly and I am wondering if she would qualify for a stimulus check since she would only have an ITIN and not a social. If she's ineligible would it be wise to wait till April to file taxes hoping that she might get her SSN? or should we not risk it and file taxes jointly only with ITIN?

Posted (edited)
2 hours ago, patis said:

would it be wise to wait till April to file taxes hoping that she might get her SSN?

Yes, wait a little bit longer for SSN. (Although your wife would still technically be a nonresident, because she didn't enter the US until July 31, that is making the election to be treated as a resident alien: https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse Consult a tax pro to check if a nonresident with SSN would also be eligible for stimulus tax credit.)

2 hours ago, patis said:

I am wondering if she would qualify for a stimulus check since she would only have an ITIN and not a social.

No. Having SSN is a strict requirement as stated in the law.

Edited by HRQX
Filed: Citizen (apr) Country: Morocco
Timeline
Posted

First and foremost: Only people with valid Social Security numbers will be eligible to receive a stimulus payment. That means undocumented immigrants and immigrants who file their taxes with an Individual Taxpayer Identification Number (ITIN) are not eligible for a payment.Jan 5, 2021

 

So,  up to u if you want to wait but tax time is coming up fast as April is a little over 2 months away

you could file for an extension as it gives u till October 15th to get the returns in / look at the form itself to see if  u want to use it as if you will owe u have to send the payment in with the extension form

 
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