OK so my husband and I just got married in November, and have yet to apply for AOS due to financial hardships.
He entered the US legally and did his OPT so he DOES have an SSN. He is not authorized to work anymore though because his visa expired so he is currently out of status until we apply for AOS. He is a nonresident since he does not meet the substantial presence or green card tests for taxation, so we made the election for him to be treated as a resident for taxation purposes and filed jointly for 2019.
We make much less than the required AGI for the stimulus check. Will we be eligible to receive the $2400 the CARE act delegates to married couples? Does it matter that he has a SSN if he can't work with it right now? I would hope they would view us as a married couple and send the $2400, but I can totally imagine them being cheap and declaring that because my spouse is a nonresident in an immigration and not tax context, or because his SSN is attached to an expired visa and he can't work right now, I only get the $1200 and he gets excluded.
I was hoping so much to get the $2400 so we could put it towards filing for AOS, it would break my heart if he was not eligible
THANK YOU everyone!
