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Filed: AOS (apr) Country: Philippines
Timeline
Posted
12 minutes ago, Phil&Marina said:

Hello!

If a couple has not filed jointly yet, but the stimulus check already came for the US citizen in the couple, the non-citizen spouse has no way of getting the stimulus separately this year.

Is this correct? 

Thanks 

At worst you will get it in 2021 when you file your 2020 return 

YMMV

Filed: AOS (apr) Country: Russia
Timeline
Posted
12 minutes ago, payxibka said:

At worst you will get it in 2021 when you file your 2020 return 

So, if the taxes have not been filed at all yet, the wife awaiting AOS and the US citizen husband cannot file separately for them to both get the stimulus.

 

Correct? 

Thank you 

Posted
21 minutes ago, Phil&Marina said:

So, if the taxes have not been filed at all yet, the wife awaiting AOS and the US citizen husband cannot file separately for them to both get the stimulus.

 

Correct? 

Thank you 

No.

The non-USC will get a tax credit when they file their 2020 return. 

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

 

Posted
28 minutes ago, Phil&Marina said:

Hello!

If a couple has not filed jointly yet, but the stimulus check already came for the US citizen in the couple, the non-citizen spouse has no way of getting the stimulus separately this year.

Is this correct? 

Thanks 

 

      You are asking if one spouse gets $1200 now as an advance payment based on their 2018 return filed as single, could the second spouse get the $1200 separately as an advance payment based on the 2019 return filed jointly right now? I don't believe so, but I am not certain. People are still filing 2019 returns so hopefully if it happens that way to anyone, people will post their experience. 

995507-quote-moderation-in-all-things-an

Filed: AOS (apr) Country: Russia
Timeline
Posted
10 minutes ago, NikLR said:

No.

The non-USC will get a tax credit when they file their 2020 return. 

Thank you. This is what I thought. 

I have also heard this could potentially cause issues with the immigration status down the road.

3 minutes ago, Steeleballz said:

 

      You are asking if one spouse gets $1200 now as an advance payment based on their 2018 return filed as single, could the second spouse get the $1200 separately as an advance payment based on the 2019 return filed jointly right now? I don't believe so, but I am not certain. People are still filing 2019 returns so hopefully if it happens that way to anyone, people will post their experience. 

I am also thinking this might not be worth it. The tax refund from filing jointly as a couple will be lost then. 

Posted (edited)
15 minutes ago, Phil&Marina said:

I have also heard this could potentially cause issues with the immigration status down the road.

No idea where you heard this, but it's not correct. This is not a public charge issue or anything like that.

 

15 minutes ago, Phil&Marina said:

I am also thinking this might not be worth it. The tax refund from filing jointly as a couple will be lost then. 

It would be treated like 2 x $1200 rebate-wise (1 per tax return). Filing jointly just combines that.

The biggest difference is the income threshold. If either individual has over $75k in income, then filing separately makes even less sense.

Edit: This assumes you can qualify as a tax resident on your own - i.e. via the substantial presence test. You cannot be a tax resident solely as the spouse of a USC when filing separately.

Edit 2: Looking at your timeline, unless you have spent significant time in the US prior to coming o the K-1 visa, that does not seem to apply.

 

I'd say just wait until you do the 2019 taxes to file jointly for the larger standard deduction, and filing 2020 taxes jointly to also claim the remaining $1200 in income.

Unless that money is needed ASAP AND you don't mind having to amend taxes later to get the most back possible, waiting until the 2020 returns makes more sense to me. YMMV

Edited by geowrian

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

 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
16 minutes ago, Phil&Marina said:

I have also heard this could potentially cause issues with the immigration status down the road.

Where?  Absolutely incorrect.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: AOS (pnd) Country: France
Timeline
Posted
4 hours ago, Lucky Cat said:

Anyone who wants to see if he/she is eligible can now use the official IRS stimulus payment portal (which just opened today).  It will tell you if you are eligible, and it will allow you to update your bank information.  https://www.irs.gov/coronavirus/economic-impact-payments .  I just used it to provide my bank info to the IRS.  It also said "You are eligible for this payment".

How do I update bank info? I clicked on the link, and it gives general info on who is eligible and who is not. 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
Just now, portorusa said:

How do I update bank info? I clicked on the link, and it gives general info on who is eligible and who is not. 

Click "Get My Payment"....

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
1 minute ago, portorusa said:

How do I update bank info? I clicked on the link, and it gives general info on who is eligible and who is not. 

I think it only lets you provide the bank account info if you had none on file. Once provided, or if you already had one, it will use that. If that is invalid, they will send a physical check afterwards.

Quote
  • Check your payment status
  • Confirm your payment type: direct deposit or check
  • Enter your bank account information for direct deposit if we don't have your direct deposit information and we haven't sent your payment yet

 

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

 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
Just now, geowrian said:

I think it only lets you provide the bank account info if you had none on file. Once provided, or if you already had one, it will use that. If that is invalid, they will send a physical check afterwards.

 

I think that is correct.......I had no bank information on file, so it allowed me to enter it.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
Just now, Lucky Cat said:

I think that is correct.......I had no bank information on file, so it allowed me to enter it.

Yup, same.

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

 

Filed: F-2A Visa Country: Nepal
Timeline
Posted (edited)
3 minutes ago, geowrian said:

I think it only lets you provide the bank account info if you had none on file. Once provided, or if you already had one, it will use that. If that is invalid, they will send a physical check afterwards.

 

Agreed, i already had direct deposit for 2019 tax return and my stimulus is already deposited in my bank this morning.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: AOS (pnd) Country: France
Timeline
Posted
8 hours ago, JenTex said:

I am a USC with SSN and my wife is still in limbo in Canada awaiting interview. I filed MFJ and used her ITIN and reported her Canadian income for 2019 taxes and yesterday I got a direct deposit for $2400. I saw earlier yesterday where the same happened to someone else but can't find the post at the moment. So either they're screwing up (which is very possible) or they've changed/waived the ITIN thing. Guess we'll see what happens with everyone else. 

You are lucky, congrats! We are in the same situation (USC with SSN, foreign spouse with ITIN, filed 2019 a month ago as MFJ) but we did NOT receive any stimulus as of today:( Bank info reported to IRS is the same, never changed.

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

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