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Cr1 visa arrived in us 2 weeks ago is she eligible for 1200 stimulus check?

By Alirazaa in Coronavirus Covid-19

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Duke & Marie Proficient

Duke & Marie   1,389

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Filed: IR-1/CR-1 Visa Country: Australia
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15 minutes ago, Alirazaa said:

Hi. My wife arrived in the us 2 weeks ago. She has cr1 visa and now waiting for her green card. She received her social security card already. Is she eligible for $1200.00 stimulus check? If yes, how? Answers much appreciated.   

No, she needed to be a LPR and file taxes 2018/19 either separately or jointly with yourself... maybe next round if there is one 

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Alirazaa Apprentice

Alirazaa   7

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14 minutes ago, Duke & Marie said:

No, she needed to be a LPR and file taxes 2018/19 either separately or jointly with yourself... maybe next round if there is one 

I guess she has already LPR status as her visa says upon endorsement serves as temporary i-551 permanent resident for 1 year. How can she file taxes for 2018 or 2019 when she entered the US in 2020? Isn’t she supposed to file her first tax return next year ? 

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Unlockable Mentor

Unlockable   7,314

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1 minute ago, Alirazaa said:

I guess she has already LPR status as her visa says upon endorsement serves as temporary i-551 permanent resident for 1 year. How can she file taxes for 2018 or 2019 when she entered the US in 2020? Isn’t she supposed to file her first tax return next year ? 

NO.

 

Your wife did NOT become a permanent resident UNTIL SHE ENTERED THE US. Which is 2 weeks ago. So your wife was not a LPR in 2019. So she does not qualify for a stimulus check.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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More precisely...

She will not get the advance rebate. She must have been a resident alien in 2018/2019 and eithered filed taxes as such for those years OR use the non-filer form. She does not qualify for the non-filer form as you must be a resident alien.

 

She will qualify for the underlying tax credit when you do the 2020 taxes. So she'll get the money, just not until then.

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

 

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Duke & Marie Proficient

Duke & Marie   1,389

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50 minutes ago, Alirazaa said:

I guess she has already LPR status as her visa says upon endorsement serves as temporary i-551 permanent resident for 1 year. How can she file taxes for 2018 or 2019 when she entered the US in 2020? Isn’t she supposed to file her first tax return next year ? 

Well, given y’all are married you could have filed taxes married filing joint for prior years e.g. 2018/19 using world wide incomes etc... however she still didn’t qualify as LPR in order to be eligible..  so like I said before, maybe next time in 2020 for credits. 

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 🙌🙌🙌🙌🙌
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Just Paul Veteran

Just Paul   4,595

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Filed: Citizen (apr) Country: Philippines
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If she isn't on your taxes for 2019  - Hard no.   If she had been she might had been worth the extra 12,000 for filing jointly.

But if she is on your taxes for 2020 or separately - she can claim the credit on 2020 return 

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Lucky2Lucky Experienced

Lucky2Lucky   2,526

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Filed: Citizen (apr) Country: Haiti
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No she wasn’t a resident in 2019.

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

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HRQX Veteran

HRQX   4,145

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7 hours ago, Luckycuds said:

No she wasn’t a resident in 2019.

She still qualifies for the stimulus tax credit for tax year 2020 (which are filed next year). See Geowrian's answer above

 

Also: https://taxfoundation.org/federal-coronavirus-relief-bill-cares-act/ "What exactly are the recovery rebates?" section

Edited by HRQX
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