Non green card holder tax filing question

[Haydnator 274]

My hubby (UK Citizen) and me (US citizen) are in the process of filing our taxes jointly. I brought him over here in Feb 2020 on a K1 visa. We got married and filed AOS in March of that year. He has his SSN, and his EAD/AP, but not his green card yet. He hasn't even been scheduled for an interview. My question is, do I need to declare his status on our taxes? I don't want to omit anything.

 

I'm filing on turbotax and don't see anywhere to make such a declaration. So if I need to, how would I go about it?

[Letspaintcookies 2,310]

Being a resident for immigration and being a resident for the IRS are two different things. You don't need to declare his immigration status on your taxes. With him being here since 02/2020 and married to a US citizen he's a resident for tax purposes and you're good to go.

[HRQX 4,145]

30 minutes ago, Haydnator said:

I brought him over here in Feb 2020 on a K1 visa.

He is a resident alien for tax purposes because of the Substantial Presence test: https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test Since he has SSN he can claim "Recovery Rebate" credit (aka the 2 stimulus amounts for 2020). Line 30 "Recovery rebate credit. See instructions."

 

In the paid Desktop version of TurboTax go in the menus to View>Forms>Recov Rebate Cr and manually complete the "Recovery Rebate Credit Worksheet." After that TurboTax does it's calculations for the rebate.

Edited March 7, 2021 by HRQX

[Letspaintcookies 2,310]

20 minutes ago, HRQX said:

In the paid Desktop version of TurboTax go in the menus to View>Forms>Recov Rebate Cr and manually complete the "Recovery Rebate Credit Worksheet." After that TurboTax does it's calculations for the rebate.

Did our taxes on Tuesday and they seemed to updated that. TurboTax actually asked how much we've gotten for the stimulus and then did the magic itself 😊 

[Haydnator 274]

1 hour ago, Letspaintcookies said:

Being a resident for immigration and being a resident for the IRS are two different things. You don't need to declare his immigration status on your taxes. With him being here since 02/2020 and married to a US citizen he's a resident for tax purposes and you're good to go.

Thank you!

Thats good to know 😀

 

46 minutes ago, Letspaintcookies said:

Did our taxes on Tuesday and they seemed to updated that. TurboTax actually asked how much we've gotten for the stimulus and then did the magic itself 😊 

Yes, it asked me how much we received and automatically added the recovery rebate credit as well to ours. Which was a surprise, we honestly didn't think he was going to get stimulus . Happy surprise though 🥰

Edited March 7, 2021 by Haydnator