Stimulus Check for AOS (K1 to Green Card)

[TheIrishGal 0]

Hi VJ Community!

 

I was reading this morning about a second stimulus check, and it made me wonder about my current status. Is the stimulus check something we/I can eventually get once I receive my Green Card? Here's my situation:

 

Moved to the US in November 2019.

Married in January 2020.

Husband filed taxes in April 2020 for 2019 as a single (since we weren't married in 2019), therefore we only received a stimulus check for $1200.

Note: I did not file a tax return for 2019 as I was considered a non-residential alien.

 

When we file next year, we will file jointly, will we be entitled to the extra $1200? 

 

Also, I've heard because of the uproar from many about how unfair it was for US Citizens married to Non-US citizens that were not Green Card Holders yet and therefore could only receive a "single" payment, that there's a chance the next payment will cover US Citizens married to immigrants?

 

Thanks!

[NancyNguyen 1,657]

You were not a green card holder in 2019 so you are not qualified 

[portorusa 431]

43 minutes ago, TheIrishGal said:

Also, I've heard because of the uproar from many about how unfair it was for US Citizens married to Non-US citizens that were not Green Card Holders yet and therefore could only receive a "single" payment,

It's even worse than that. If a "mixed" couple filed jointly (MFJ status), with the foreign spouse missing a SSN, both receive ZERO. We are one of those "victims".

About next year, I heard that yes, the couple can claim the 2020 stimulus on their taxes next year (provided both spouses have SSNs).

[Wuozopo 4,293]

@TheIrishGal

 

You can qualify on the 2020 tax return for the first stimulus as long as you have a SSN and are under the income cutoff. You do not need a greencard. Most got the 2020 stimulus early instead of waiting for 2020 filing.  Your family of two should qualify for $2400 on the 2020 return; but it will go like this—

 

$2400 qualified on your joint return 2020 tax year

-1200 already received early payout

$1200 balance due that will be given like a refund

 

I haven’t read anything about a second stimulus. 

 

Edited June 15, 2020 by Wuozopo

[Wuozopo 4,293]

21 minutes ago, portorusa said:

It's even worse than that. If a "mixed" couple filed jointly (MFJ status), with the foreign spouse missing a SSN, both receive ZERO. We are one of those "victims".

About next year, I heard that yes, the couple can claim the 2020 stimulus on their taxes next year (provided both spouses have SSNs).

 Yours will go like this if under the income cutoff—

 

$2400 qualified on your joint return 2020 tax year

-  $  0. already received early payout

$2400 balance due that will be given like a refund

[K1Applicant1 0]

On 6/15/2020 at 12:34 PM, Wuozopo said:

@TheIrishGal

 

You can qualify on the 2020 tax return for the first stimulus as long as you have a SSN and are under the income cutoff. You do not need a greencard. Most got the 2020 stimulus early instead of waiting for 2020 filing.  Your family of two should qualify for $2400 on the 2020 return; but it will go like this—

 

$2400 qualified on your joint return 2020 tax year

-1200 already received early payout

$1200 balance due that will be given like a refund

 

I haven’t read anything about a second stimulus. 

 

Hi, by any chance do you have a link to an IRS page or something showing this is how it will work? Everything I have read sounds like you had to be married by December 31, 2019 to qualify for the stimulus payment.

[Wuozopo 4,293]

34 minutes ago, K1Applicant1 said:

Hi, by any chance do you have a link to an IRS page or something showing this is how it will work? 
 

I don’t think the IRS will elaborate on it until they come out with the 2020 tax forms.  My example is based on the 2008 stimulus which was handed out early but when the 2008 tax filing started, the forms and instructions were adjusted to have additional lines which covered eligibility for the 2008 stimulus. My wife had received her stimulus before we had even filed the I-129F. By tax filing time, we were married and filed a joint 2008 return. It was much more long-winded than my example as the IRS always is, but the results were we qualified, then her early payment was deducted as received and I got my share added to the refund. 
 

The federal government created the 2020 stimulus and wanted to get the money out early to help those in need, so based it on previous returns rather waiting for 2020 tax filing season starting next January. They call it the 2020 stimulus, not the 2019 stimulus They refer to the checks/deposits as “early” payments.  
 

52 minutes ago, K1Applicant1 said:

Everything I have read sounds like you had to be married by December 31, 2019 to qualify for the stimulus payment.

Your spouse would have had to be on a  2019 Joint return with a SSN to get the “early” money. That does not mean she can’t qualify for the 2020 stimulus from what I have read. I feel sure it will be added to the 2020 tax forms based on the last government stimulus.