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lalatinga

stimulus check amount for a US citizen and her nonresident spouse with a SSN

By lalatinga in Coronavirus Covid-19

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Crazy Cat
Crazy Cat

"USCIS also confirms, in its policy manual, that tax credits are not public benefits under the new rule." http://wakeforestlawreview.com/2020/04/covid-19-stimulus-package-what-cares-act-rebates-m

arken
arken

1. There is no minimum AGI to get the stimulus. 2. As long as it’s filed jointly using SSNs of both, you’ll get $2,400 3.There is no need to call them cheap for no reason.

Crazy Cat
Crazy Cat

To be clear about his immigration status, he is out of status, and he will remain out of status after filing for Adjustment of Status.  He will be granted "authorized stay" in the US until the I-485 i

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jamrep Enthusiast

jamrep   105

Posted
Filed: Citizen (pnd) Country: Jamaica
 Timeline
Posted
20 hours ago, lalatinga said:

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. 

Yes

Cndn Enthusiast

Cndn   98

Posted
Timeline
Posted

Now I’m confused. I’m married to a USC and have my AOS pending. So I don’t have a green card but I am residing lawfully in the US. We filed married jointly using our SSNs. But I guess I would technically be a “non-resident alien”? Am I going to get the $1200? 
 

Duke & Marie Proficient

Duke & Marie   1,389

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
Posted (edited)

I think in this situation, it’s only fair that a non-US Resident Alien forego any check from the US.

 

I don’t see how people could expect to obtain a check from a country to which they are a) not a legal permanent resident and b) from one they don’t personally pay taxes to... irrespective of filing status on a US return e.g. MFJ

 

additionally, if their home country is handing out checks, should we then expect a check from both countries since It’s not just the US handing out stimulus packages, I think not, it’s kind of double dipping in my eyes. 

Edited by Duke & Marie

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌
Suze1 Rising Star

Suze1   366

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted (edited)
8 hours ago, clw654321 said:

WILL get 2400 if claimed married filing jointly. My wife did not have her GC when we filed taxes and we got 2400 yesterday. 

It goes strictly off of how you filed taxes.

Wait, what?

You ALREADY got your stimulus?!!!!

Based on 2018 or 2019 filed taxes?

Anyone else already get theirs?

Edited by Suze1

Profile pic - Rainbow Tower of the Hilton Hawaiian Village - Waikiki, Honolulu, Hawaii.

Why this for the profile pic?  Often in movies and on TV when they show Hawaii they show this beach/view. So, instead of doing Kauai or some other locale, we decided to do here, so that whenever some show shows Hawaii and this view, we will see where we were married.

 

BENEFICIARY (From Dubai)

2012 - US Tourist Visa, Manila, Philippines

2012 - First Night spent in the US - Waikiki Beach, Honolulu

 

2016 - Wedding on the beach, Honolulu, Hawaii

2016 - Honeymoon at the hotel in this photo, Waikiki, Honolulu, Hawaii

            They were filming a scene of Hawaii Five-O in the suite above ours during our Honeymoon stay! Actors everywhere!

            Spouse hung out here with celebrities from the movie The Fifth Element back when he moved to Hawaii

2016 - US Spousal Visa, via DCF, Manila, Philippines

....................................

PETITIONER (from NYC)

1999 - Got a place right down the street from this hotel - Waikiki, Honolulu, Hawaii

2007 - Visited Philippines on vacation

2008 - Got a condo in Makati, PH

2012 - Considered for a role on the TV show, The Last Resort, shot out of Hawaii

 

....................................

SUMMARY TIMELINE

06/2011 - Met Spouse in Makati, Philippines

01/2012 - B1/B2 Tourist Visa, Manila, Philippines

10/2016 - Married in Hawaii

11/2016 - Filed for Spousal Visa DCF, in Manila, Philippines

12/2016 - POE, CR-1 Status Received

10/2018 - ROC I-751 Received by USCIS

10/2019 - Filed for Citizenship, N-400

03/2020 - Citizenship Ceremony

 

Suze1 Rising Star

Suze1   366

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted (edited)

Okay, we see...

The $1,200 stimulus checks are arriving. People are mostly spending them on food

About 80 million people will receive a check by Wednesday, Treasury Secretary Steven Mnuchin said. Those who do not can check on IRS.gov later this week for the status of their payment.

https://www.washingtonpost.com/business/2020/04/14/1200-relief-checks-have-begun-arriving-bank-accounts-people-are-mostly-spending-it-food/

 

 

Edited by Suze1

Profile pic - Rainbow Tower of the Hilton Hawaiian Village - Waikiki, Honolulu, Hawaii.

Why this for the profile pic?  Often in movies and on TV when they show Hawaii they show this beach/view. So, instead of doing Kauai or some other locale, we decided to do here, so that whenever some show shows Hawaii and this view, we will see where we were married.

 

BENEFICIARY (From Dubai)

2012 - US Tourist Visa, Manila, Philippines

2012 - First Night spent in the US - Waikiki Beach, Honolulu

 

2016 - Wedding on the beach, Honolulu, Hawaii

2016 - Honeymoon at the hotel in this photo, Waikiki, Honolulu, Hawaii

            They were filming a scene of Hawaii Five-O in the suite above ours during our Honeymoon stay! Actors everywhere!

            Spouse hung out here with celebrities from the movie The Fifth Element back when he moved to Hawaii

2016 - US Spousal Visa, via DCF, Manila, Philippines

....................................

PETITIONER (from NYC)

1999 - Got a place right down the street from this hotel - Waikiki, Honolulu, Hawaii

2007 - Visited Philippines on vacation

2008 - Got a condo in Makati, PH

2012 - Considered for a role on the TV show, The Last Resort, shot out of Hawaii

 

....................................

SUMMARY TIMELINE

06/2011 - Met Spouse in Makati, Philippines

01/2012 - B1/B2 Tourist Visa, Manila, Philippines

10/2016 - Married in Hawaii

11/2016 - Filed for Spousal Visa DCF, in Manila, Philippines

12/2016 - POE, CR-1 Status Received

10/2018 - ROC I-751 Received by USCIS

10/2019 - Filed for Citizenship, N-400

03/2020 - Citizenship Ceremony

 

Suze1 Rising Star

Suze1   366

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
2 minutes ago, DWolf said:

My brother has had his "pending" in his bank account since Saturday with a 'release date' of April 15th.  Obviously what you see depends on your bank.  A lot (approx. 8 million and those that did direct deposit) are supposed to be deposited tomorrow the 15th.

Kool!!!...thanks.

So, tomorrow is a big day.

Will be on the lookout.

And we filed 2018 with direct deposit, so....hopefully, easy peasy.

Profile pic - Rainbow Tower of the Hilton Hawaiian Village - Waikiki, Honolulu, Hawaii.

Why this for the profile pic?  Often in movies and on TV when they show Hawaii they show this beach/view. So, instead of doing Kauai or some other locale, we decided to do here, so that whenever some show shows Hawaii and this view, we will see where we were married.

 

BENEFICIARY (From Dubai)

2012 - US Tourist Visa, Manila, Philippines

2012 - First Night spent in the US - Waikiki Beach, Honolulu

 

2016 - Wedding on the beach, Honolulu, Hawaii

2016 - Honeymoon at the hotel in this photo, Waikiki, Honolulu, Hawaii

            They were filming a scene of Hawaii Five-O in the suite above ours during our Honeymoon stay! Actors everywhere!

            Spouse hung out here with celebrities from the movie The Fifth Element back when he moved to Hawaii

2016 - US Spousal Visa, via DCF, Manila, Philippines

....................................

PETITIONER (from NYC)

1999 - Got a place right down the street from this hotel - Waikiki, Honolulu, Hawaii

2007 - Visited Philippines on vacation

2008 - Got a condo in Makati, PH

2012 - Considered for a role on the TV show, The Last Resort, shot out of Hawaii

 

....................................

SUMMARY TIMELINE

06/2011 - Met Spouse in Makati, Philippines

01/2012 - B1/B2 Tourist Visa, Manila, Philippines

10/2016 - Married in Hawaii

11/2016 - Filed for Spousal Visa DCF, in Manila, Philippines

12/2016 - POE, CR-1 Status Received

10/2018 - ROC I-751 Received by USCIS

10/2019 - Filed for Citizenship, N-400

03/2020 - Citizenship Ceremony

 

Suze1 Rising Star

Suze1   366

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted (edited)
3 minutes ago, clw654321 said:

Yes. Yesterday morning 

FanTASTic!

(We are from PH too....Makati...by the way!)

Edited by Suze1

Profile pic - Rainbow Tower of the Hilton Hawaiian Village - Waikiki, Honolulu, Hawaii.

Why this for the profile pic?  Often in movies and on TV when they show Hawaii they show this beach/view. So, instead of doing Kauai or some other locale, we decided to do here, so that whenever some show shows Hawaii and this view, we will see where we were married.

 

BENEFICIARY (From Dubai)

2012 - US Tourist Visa, Manila, Philippines

2012 - First Night spent in the US - Waikiki Beach, Honolulu

 

2016 - Wedding on the beach, Honolulu, Hawaii

2016 - Honeymoon at the hotel in this photo, Waikiki, Honolulu, Hawaii

            They were filming a scene of Hawaii Five-O in the suite above ours during our Honeymoon stay! Actors everywhere!

            Spouse hung out here with celebrities from the movie The Fifth Element back when he moved to Hawaii

2016 - US Spousal Visa, via DCF, Manila, Philippines

....................................

PETITIONER (from NYC)

1999 - Got a place right down the street from this hotel - Waikiki, Honolulu, Hawaii

2007 - Visited Philippines on vacation

2008 - Got a condo in Makati, PH

2012 - Considered for a role on the TV show, The Last Resort, shot out of Hawaii

 

....................................

SUMMARY TIMELINE

06/2011 - Met Spouse in Makati, Philippines

01/2012 - B1/B2 Tourist Visa, Manila, Philippines

10/2016 - Married in Hawaii

11/2016 - Filed for Spousal Visa DCF, in Manila, Philippines

12/2016 - POE, CR-1 Status Received

10/2018 - ROC I-751 Received by USCIS

10/2019 - Filed for Citizenship, N-400

03/2020 - Citizenship Ceremony

 

NikLR Grand Master

NikLR   13,228

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
43 minutes ago, Suze1 said:

Wait, what?

You ALREADY got your stimulus?!!!!

Based on 2018 or 2019 filed taxes?

Anyone else already get theirs?

We recieved ours this morning. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

clw654321 Collaborator

clw654321   159

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted
43 minutes ago, Suze1 said:

Wait, what?

You ALREADY got your stimulus?!!!!

Based on 2018 or 2019 filed taxes?

Anyone else already get theirs?

2019 if you filed direct deposit. 2018 if you didn’t file. If you did not do direct deposit it could take up to another month. Credit Unions are way faster.

Suze1 Rising Star

Suze1   366

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
1 minute ago, NikLR said:

We recieved ours this morning. 

FanTASTIC!!!!! Good for YOU!

Profile pic - Rainbow Tower of the Hilton Hawaiian Village - Waikiki, Honolulu, Hawaii.

Why this for the profile pic?  Often in movies and on TV when they show Hawaii they show this beach/view. So, instead of doing Kauai or some other locale, we decided to do here, so that whenever some show shows Hawaii and this view, we will see where we were married.

 

BENEFICIARY (From Dubai)

2012 - US Tourist Visa, Manila, Philippines

2012 - First Night spent in the US - Waikiki Beach, Honolulu

 

2016 - Wedding on the beach, Honolulu, Hawaii

2016 - Honeymoon at the hotel in this photo, Waikiki, Honolulu, Hawaii

            They were filming a scene of Hawaii Five-O in the suite above ours during our Honeymoon stay! Actors everywhere!

            Spouse hung out here with celebrities from the movie The Fifth Element back when he moved to Hawaii

2016 - US Spousal Visa, via DCF, Manila, Philippines

....................................

PETITIONER (from NYC)

1999 - Got a place right down the street from this hotel - Waikiki, Honolulu, Hawaii

2007 - Visited Philippines on vacation

2008 - Got a condo in Makati, PH

2012 - Considered for a role on the TV show, The Last Resort, shot out of Hawaii

 

....................................

SUMMARY TIMELINE

06/2011 - Met Spouse in Makati, Philippines

01/2012 - B1/B2 Tourist Visa, Manila, Philippines

10/2016 - Married in Hawaii

11/2016 - Filed for Spousal Visa DCF, in Manila, Philippines

12/2016 - POE, CR-1 Status Received

10/2018 - ROC I-751 Received by USCIS

10/2019 - Filed for Citizenship, N-400

03/2020 - Citizenship Ceremony

 

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
2 hours ago, Cndn said:

Now I’m confused. I’m married to a USC and have my AOS pending. So I don’t have a green card but I am residing lawfully in the US. We filed married jointly using our SSNs. But I guess I would technically be a “non-resident alien”? Am I going to get the $1200?

This is in a tax context, not immigration one. Filing jointly requires that both individuals are either a USC or resident alien. So no issue for you.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

K1korean Rookie

K1korean   10

Posted
Timeline
Posted (edited)

I got my 1200$ stimulus check today.

I also got my tax refund for 2019 which I filed in mid March today.

Additionally, I filed a 2018 tax return.

 

In 2018 I filed single, and in 2019 I filed joint tax return with my wife who is in the AOS process but doesn't have a green card. She does have a SSN and on the tax return I said she was a resident alien. I'm going to wait for the new tool to check stimulus status to be released but do you believe she may qualify for the 1200$?

 

Edited by K1korean
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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