True /false

[HRQX 4,145]

17 minutes ago, Nitas_man said:

That is untrue for LPR immigrant spouses

SSN is the requirement. I am a TPS holder, my spouse is a LPR, and my 2 dependents are US citizens. I received $3400 because we each have SSN. I also know former TPS holders that say they are now out of status for years that received $1200 stimulus because SSN never expires.

Edited May 14, 2020 by HRQX

[Fidel 21]

3 hours ago, pushbrk said:

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.

Is only one that has SSN

[HRQX 4,145]

5 minutes ago, Fidel said:

Is only one that has SSN

If 2019 taxes haven't been filed then can file Married Filing Separate so the person with SSN gets their stimulus. Otherwise, filing Married Filing Separate for 2020 taxes is an option to get the stimulus tax credit for the person with SSN.

[Lucky2Lucky 2,526]

13 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

The article would leave me to believe that the man is not legal. Illegal persons do not qualify for a stimulus check, nor should they.

 

If you’ve done things right (legal) should be no issues in obtaining the check.

[Cyberfx1024 7,980]

17 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

No, not true because I got my stimulus and my wife got hers even though she is the GC holder

[Cyberfx1024 7,980]

15 hours 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!

So when did your husband get to the USA and what years did you file for him? 

[Just Paul 4,595]

15 hours ago, Fidel said:

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

Yes, but if the have a SSN and filed for 2019.   Mary Filed MFS 2019 and got her check before getting her refund.

 

If not eligible for check, but have a SSN,  you are still eligible for the credit on 2020 taxes.

[Just Paul 4,595]

4 hours ago, Luckycuds said:

The article would leave me to believe that the man is not legal. Illegal persons do not qualify for a stimulus check, nor should they.

ITINs are not legal to use as "Work Authorization".   Even if the spouse in this was were to be in the US, it is still illegal to use for employment and the holder can't use any public benefits.

 

https://www.americanimmigrationcouncil.org/sites/default/files/research/the_facts_about_the_individual_tax_identification_number.pdf

[HRQX 4,145]

4 hours ago, Luckycuds said:

Illegal persons do not qualify for a stimulus check

If they previously were issued a SSN then they do qualify. Those individuals have a SSN (all SSNs never expire) and are resident aliens for tax purposes: https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Edited May 14, 2020 by HRQX

[portorusa 431]

1 hour ago, Cyberfx1024 said:

So when did your husband get to the USA and what years did you file for him? 

We filed 2018 and 2019 taxes MFJ. It’s not my husband’s fault that he has no SSN. We took CR-1 visa route, lost 16 months , then had to switch from ESTA to AOS for the reason of pandemic. Now the waiting game started again...hopefully the USCIS won’t screw us the way the Paris Embassy did, and by the next tax filing season my husband has his SSN. 

[NikLR 13,227]

17 minutes ago, portorusa said:

We filed 2018 and 2019 taxes MFJ. It’s not my husband’s fault that he has no SSN. We took CR-1 visa route, lost 16 months , then had to switch from ESTA to AOS for the reason of pandemic. Now the waiting game started again...hopefully the USCIS won’t screw us the way the Paris Embassy did, and by the next tax filing season my husband has his SSN. 

Theres more to this story.  

To answer the OP, I am a LPR and we both recieved the stimulus check.  I have an SSN.  

[portorusa 431]

1 minute ago, NikLR said:

Theres more to this story.  

I told my story several times here in VJ in different topics. What is it you are implying?

[geowrian 22,337]

5 hours ago, Luckycuds said:

The article would leave me to believe that the man is not legal. Illegal persons do not qualify for a stimulus check, nor should they.

They do, assuming they already had an SSN.

 

1 hour ago, Paul & Mary said:

ITINs are not legal to use as "Work Authorization".   Even if the spouse in this was were to be in the US, it is still illegal to use for employment and the holder can't use any public benefits.

The first sentence applies. Using an ITIN for work is not illegal...it just isn't a work authorization.

There are some people with ITINs in the US legally with work authorization. They can use them fine. Work authorization and the use of an ITIN are separate matters.

 

18 hours ago, portorusa said:

I, as American citizen and a taxpayer legally married to my immigrant husband

20 minutes ago, portorusa said:

We filed 2018 and 2019 taxes MFJ. It’s not my husband’s fault that he has no SSN. We took CR-1 visa route, lost 16 months , then had to switch from ESTA to AOS for the reason of pandemic. Now the waiting game started again...hopefully the USCIS won’t screw us the way the Paris Embassy did, and by the next tax filing season my husband has his SSN. 

So he is not an immigrant. He is a visitor who is applying for a green card.

[HRQX 4,145]

6 minutes ago, geowrian said:

He is a visitor

*was; Note that I-94 has expired:

 

Edited May 14, 2020 by HRQX

[portorusa 431]

6 minutes ago, geowrian said:

 

 

So he is not an immigrant. He is a visitor who is applying for a green card.

This is NOT the point. Stimulus check is based on tax filing. By tax purposes, the status of my husband is “U.S person and resident”. He claimed his foreign income , and was taxed on it.

By all means, this stimulus bill has its faults. It excluded a whole group of American citizens , effectively overlooking the Constitutional principle of equality.