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About lalatinga

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  • Member # 358917
  • Location Tampa, FL, USA

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  1. As explained above, this generally means that the foreign national holds an unexpired I-94 and is complying with the requirements of the status indicated on that form. In most situations, if the individual’s status subsequently expires while the request to change or extend status is pending, the foreign national falls out of nonimmigrant status, but remains in a period of authorized stay. This period of authorized stay continues until the USCIS issues a decision on the pending case. If the application or petition is approved with an extension or change of status, the decision has a retroactive effect, meaning that the period without status is cured. If it is denied, and the I-94 expired since the application or petition was filed, the individual typically begins to accrue unlawful presence from the date of the denial. Another very common example of authorized stay is when a foreign national is present in the United States while an application to adjust status (I-485 form) is pending. An adjustment-of-status applicant who does not also have lawful nonimmigrant status (e.g. H or L) generally is considered to be in a period of authorized stay, as long as the properly filed I-485 remains pending." thanks for the article! i understand. one question this brought up: we can still file our AOS even if he has gone through a period of unlawful presence and is currently out of status, correct? because there is an exception for spouses of USCs. the wording of the phrase i bolded made me unsure.
  2. yes sorry that was my bad, nonresident alien is a term for taxation only right? i thought he would remain in pending status after filing for AOS... which is not as bad as 'out of status'... how is 'authorized stay' not legal? i'm learning the ropes here so any insight is welcome
  3. i think that's what the root of my question was, what is their basis for determining his eligibility? if it really is the return filing, and the fact that we elected for him to be treated as a resident alien, then i think we'll be good. thank you!!
  4. this link is exactly what caused me concern and made me write this post originally. what about non-resident aliens who are married to US citizens and are being treated as residents for taxation purposes? it doesn't say anything about anyone in that situation...
  5. because i only elected him as a resident for taxation purposes. he is technically a nonresident alien until we file for AOS. are you saying they will honor the election i made in regards to his eligibility for the stimulus payment?
  6. Thanks for your response! 1. Is his SSN still valid even if he can't work right now due to his status? 2. Would they say that since he's a nonresident, even though he's married to a US Citizen, we're not eligible? Nonresident aliens aren't eligible but I couldn't find anything about those who are married to citizens so I'm confused
  7. Hello all! 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!
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