Check from Government due to COVID-19

[JuliaMary 29]

My husband moved here in October from UK. We got married in November. Filed for green card in early January.

 

He got both his social security number and EAD card the week before COVID-19 got out of hand (week of March 9th-13th).

 

We were supposed to have our interview today, but that got cancelled.

 

We are assuming he will not receive the check from the government since his green card isn't processed and our interview will be rescheduled. 

 

Does anyone know more about this? I read that only those who are citizens and permanent residents (green card holders) will receive the check. However, we are now married and we did apply for the green card, but obviously has been put on hold. 

 

Thanks. 

[In4theJourney 171]

12 minutes ago, JuliaMary said:

My husband moved here in October from UK. We got married in November. Filed for green card in early January.

 

He got both his social security number and EAD card the week before COVID-19 got out of hand (week of March 9th-13th).

 

We were supposed to have our interview today, but that got cancelled.

 

We are assuming he will not receive the check from the government since his green card isn't processed and our interview will be rescheduled. 

 

Does anyone know more about this? I read that only those who are citizens and permanent residents (green card holders) will receive the check. However, we are now married and we did apply for the green card, but obviously has been put on hold. 

 

Thanks. 

Did he file taxes with the irs in 2018 or 2019? If not, doesn’t even matter, he won’t qualify. 

[JuliaMary 29]

3 minutes ago, In4theJourney said:

Did he file taxes with the irs in 2018 or 2019? If not, doesn’t even matter, he won’t qualify. 

That is what we figured. Thanks. He won't qualify

[payxibka 10,045]

6 minutes ago, JuliaMary said:

That is what we figured. Thanks. He won't qualify

Have you filed your 2019 return?

[JuliaMary 29]

1 minute ago, payxibka said:

Have you filed your 2019 return?

I haven't yet. I filed in my 2018 though. Obviously as single then.

[payxibka 10,045]

Just now, JuliaMary said:

I haven't yet. I filed in my 2018 though. Obviously as single then.

You should file 2019 as married ASAP in order to notify the irs that your husband exists

[JFH 12,190]

*~*~*moved from “K-1 fiancé visa progress reports” to “Coronavirus”*~*~*

[Jo Eun 15]

If your husband stayed in the U.S. for a total of 183 days in the past 3 years and you have included him as your husband when you filed 2019 taxes,

your husband will be eligible for the check. 

 

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test 

https://www.google.com/amp/s/thehill.com/policy/finance/489578-questions-and-answers-on-coronavirus-relief-checks%3famp

[geowrian 22,337]

1 hour ago, Jo Eun said:

If your husband stayed in the U.S. for a total of 183 days in the past 3 years and you have included him as your husband when you filed 2019 taxes,

your husband will be eligible for the check. 

 

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test 

https://www.google.com/amp/s/thehill.com/policy/finance/489578-questions-and-answers-on-coronavirus-relief-checks%3famp

As the spouse of a USC or resident alien, they can elect to be treated as a US resident even if they don't meet that requirement:

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

[purem4g1c 113]

but maybe UK is giving check to him? not sure how the UK is doing things but they may give him money also

[Loren Y 2,755]

If he doesn't get it this round, he will get it as a credit when you file 2020 taxes.

[Hemutian 68]

2 hours ago, geowrian said:

As the spouse of a USC or resident alien, they can elect to be treated as a US resident even if they don't meet that requirement:

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

But will the government give the resident aliens who elect to be treated as US residents even if they don't meet the substantial presence test the check? That's the question.

 

My wife doesn't meet the substantial presence test because she's only been here since October. However, she did elect to be treated as a US resident for the purpose of our 2019 joint tax filing. I asked my tax accountant if he thought my wife would be getting a check, and he said no, but I'm not sure that he's an expert on immigration matters.

[Steeleballz 7,550]

 

 

14 hours ago, JuliaMary said:

My husband moved here in October from UK. We got married in November. Filed for green card in early January.

 

He got both his social security number and EAD card the week before COVID-19 got out of hand (week of March 9th-13th).

 

We were supposed to have our interview today, but that got cancelled.

 

We are assuming he will not receive the check from the government since his green card isn't processed and our interview will be rescheduled. 

 

Does anyone know more about this? I read that only those who are citizens and permanent residents (green card holders) will receive the check. However, we are now married and we did apply for the green card, but obviously has been put on hold. 

 

Thanks. 

 

   As of right now, he won't get a check because you haven't filed your 2019 tax return, so the government doesn't know he is eligible. If you can file ASAP, your return might be processed in time for a check to be mailed to both of you. 

 

   If they don't get your 2019 return in time, from what you posted, you will get $1200 based on your 2018 tax return and your husband would be eligible for a $1200 tax credit on your 2020 tax return filed next year. 

[geowrian 22,337]

8 hours ago, Hemutian said:

But will the government give the resident aliens who elect to be treated as US residents even if they don't meet the substantial presence test the check? That's the question.

There is nothing in the CARES Act that excludes them. The requirements are to not be considered a non-resident alien and to provide an SSN on the return.

https://files.taxfoundation.org/20200325223111/FINAL-FINAL-CARES-ACT.pdf

 

Quote

My wife doesn't meet the substantial presence test because she's only been here since October. However, she did elect to be treated as a US resident for the purpose of our 2019 joint tax filing. I asked my tax accountant if he thought my wife would be getting a check, and he said no, but I'm not sure that he's an expert on immigration matters.

If she used an SSN (not an ITIN), then she should be fine.

If she used an ITIN on the most recently filed tax return, then there won't be an advance rebate check, but you would be able to claim the full credit on your 2020 taxes instead (assuming she has an SSN by then...I would certainly hope so).

Edited March 31, 2020 by geowrian

[payxibka 10,045]

To clarify,  consider a nonresident alien for tax purposes,  which is not to be confused with a legal permanent resident.   They are two different definitions.