True /false

[Fidel 21]

Is it true that US citizen married to immigrants won't get stimulus..   https://www.nbcnews.com/news/latino/u-s-citizens-immigrant-spouses-sue-get-coronavirus-checks-they-n1205236

[Crazy Cat 41,856]

8 minutes ago, Fidel said:

Is it true that US citizen married to immigrants won't get stimulus..   https://www.nbcnews.com/news/latino/u-s-citizens-immigrant-spouses-sue-get-coronavirus-checks-they-n1205236

This is the key:  "Almeida's husband is not a U.S. citizen and does not have a Social Security number."

[Scott001 128]

In general, I'm going to go with no it is not true. The statement "The law excludes immigrants who pay taxes with an Individual Tax Identification Number." Is a bit misleading. The law excluded all tax payers that file with an Individual Tax Identification Number. It did not single out "immigrants." 

Edited May 13, 2020 by Scott001

[Hawksquill 151]

See the IRS Economic Impact Payment FAQ page, the first question is "Who is eligible?" 

 

https://www.irs.gov/coronavirus/economic-impact-payment-information-center

 

Basically if someone 1) meets the income requirements 2) has a SSN and 3) has filed taxes as they're supposed to and 4) can't be claimed as a dependent on someone else's taxes, they are most likely eligible.

 

You can check your eligibility and if the IRS has your direct deposit details on file here with the IRS get my payment tool: https://www.irs.gov/coronavirus/get-my-payment

[Just Paul 4,595]

57 minutes ago, Fidel said:

Is it true that US citizen married to immigrants won't get stimulus..   https://www.nbcnews.com/news/latino/u-s-citizens-immigrant-spouses-sue-get-coronavirus-checks-they-n1205236

Use a valid Social Security Number and not an ITIN and you will be fine.  Have legal presence and get the benefit.  She will still be able to get the credit (for her) when she files the 2020 taxes or files 2019 as MFS.  She can not get the check in lieu of tax credit the way she files.

 

WHAT IS AN ITIN?

An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service. IRS issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain a Social Security Number (SSN) from the Social Security Administration (SSA).

ITINs are issued regardless of immigration status because both resident and nonresident aliens may have a U.S. filing or reporting requirement under the Internal Revenue Code.

[portorusa 431]

Yes, this is true. This is exactly our case. I, as American citizen and a taxpayer legally married to my immigrant husband with whom I filed my taxes jointly, feel "punished" for the fact that my legal spouse does not have a SSN but only an ITIN.

I wish I could join this lawsuit mentioned in the article. Thank you for providing the link!

[JeanneAdil 6,505]

According  to your timeline spouse was going to fly out March 20, 2020 was was not an LPR in 2019

[geowrian 22,337]

Based on the wording of the question asked, the answer is absolutely false.

 

Most USCs and immigrants will get the advance rebate. Some will need to wait or 2020 taxes to get the full credit because of the SSN requirement, in the event either of them used an ITIN on their most recent tax return. This is a delay in claiming it, but they will get it. It's a timing issue.

Every immigrant qualifies for the credit since every immigrant qualifies for an SSN.

 

The issue is with people who are intending immigrants. Being married to somebody in the US or abroad and filing for them does not make them an immigrant yet.

If they don't have an SSN yet, they won't qualify. And if they file jointly, neither spouse will qualify.

In the overwhelming majority of cases, this will be rectified via the 2020 tax returns as they will likely have SSNs by then. And if not, the return can be amended to claim the credit once they do get the SSN.

 

In a few cases, they will never become immigrants and get an SSN, so they will never qualify. In any case, the answer to the statement is false.

 

(More specifically, a USC married to immigrants is committing bigamy, which is a more severe issue... )

[Fidel 21]

38 minutes ago, portorusa said:

Yes, this is true. This is exactly our case. I, as American citizen and a taxpayer legally married to my immigrant husband with whom I filed my taxes jointly, feel "punished" for the fact that my legal spouse does not have a SSN but only an ITIN.

I wish I could join this lawsuit mentioned in the article. Thank you for providing the link!

What of couples that filed separately? Are they to get the stimulus 

[pushbrk 12,883]

2 hours ago, Fidel said:

What of couples that filed separately? Are they to get the stimulus 

If both are currently residents and both have social security numbers, they would get separate checks.  If one does not have a SS#, then that person would not get the stimulus.

[JFH 12,190]

2 hours ago, Fidel said:

What of couples that filed separately? Are they to get the stimulus 

Yes, assuming they are within the income threshold. 

[HRQX 4,145]

3 hours ago, portorusa said:

my legal spouse does not have a SSN but only an ITIN.

When either I-765 or I-485 is approved for your spouse then he'll be eligible for a SSN. If he gets the SSN before you file tax year 2020 taxes then he'll qualify for the stimulus tax credit; Related answer:

On 5/11/2020 at 3:22 PM, geowrian said:

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

 

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

Edited May 14, 2020 by HRQX

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Tax & Finances During US Immigration forum.

[Nitas_man 3,100]

7 hours ago, Fidel said:

Is it true that US citizen married to immigrants won't get stimulus..   https://www.nbcnews.com/news/latino/u-s-citizens-immigrant-spouses-sue-get-coronavirus-checks-they-n1205236

That is untrue for LPR immigrant spouses

Edited May 14, 2020 by Nitas_man

[JeanneAdil 6,505]

https://www.irs.gov/coronavirus/economic-impact-payment-information-center

 

IRS and stimulus payment under Q2 who does not qualify

A2 You are a nonresident alien.