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Eric Blair

No $1,200.00 stimulus if your spouse is not a U.S. Citizen or permanent resident.

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2 minutes ago, Mostlylost said:

Yes they will receive the stimulus money. 

If the couple files a joint tax return, one with a SSN and one with a TIN/ITIN, no one on that tax filing will receive the stimulus.  The only exception to this is if one of the people (generally the head of the household) filing that joint tax form was active duty military.  It is very easy to research this, simply google "mixed family status stimulus".  It does not matter if you are a US citizen, live abroad or not, if anyone filing taxes on a single form does not have a SSN, the entire family on that form is ineligible.   

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16 hours ago, Out1 said:

Wow, the check is for US residents, not non-residents; if your spouse is a non-resident you are probably are a non-resident as well.

No politics just common sense.

No, I am a U.S. citizen. I do not have to reside in the U.S. to get the $1,200.00, but my issue was that my spouse had a TIN number because she has a savings account in the U.S. and needed to have a TIN to open the account.

My spouse has a 10-year U.S. Visa and her daughter is a naturalized citizen of the U.S.

Either day, I am disqualified as per the info I received the IRS.

Since my spouse got a very small 1099-INT for the savings account, I filed jointly w/her.

 

 

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This is from American Citizens Abroad

Many overseas Americans have encountered problems using the “Get My Payment” online tool the IRS has implemented for individuals who want to track their CARES Act recovery rebate payments and provide the IRS with their bank account information for direct deposit.  As reported in the Washington Post and other media outlets, the IRS online tool launched on April 15th has encountered some technical glitches and many individuals are receiving error messages or messages indicating that their eligibility cannot be verified.  ACA is working with our contacts at the IRS to understand what the IRS is doing to correct these technical errors and how Americans overseas should proceed in providing the IRS with their direct deposit information. 
 
Additionally, there is some confusion with language on the “Get My Payment” eligibility statement*. The text reads that you must be a US resident in order to receive the recovery rebates.  This does not mean that Americans overseas are not eligible for the rebates. US citizens living overseas are eligible for the CARES Act recovery rebates as indicated on the IRS website “Economic Impact Payment Information Center”- see Question 31 here:
 
A31. Yes, U.S. citizens living outside the country are eligible for the Payment. Anyone eligible to file Form 1040 or Form 1040-SR is an eligible person if they have a valid SSN and can’t be claimed as a dependent of another taxpayer. Nonresident aliens who file or would file Form 1040-NR or Form 1040-NR-EZ are not eligible for the Payment.
 
ACA will update the community on information as it becomes available.  Remember, if you are eligible for the recovery rebates you will need a US based bank account to receive these payments.  ACA can help members with this through its offer of the ACA-Member/SDFCU account.  This is a US-based bank account that can be opened online and without need of a US based residential address for verification purposes.  Visit ACA's website to learn more about the ACA-Member/SDFCU account
 
*When dealing with coronavirus recovery rebates, which is inherently a tax subject and may entail issues of tax compliance, readers should carefully consider their obligation to be tax compliant. There may be situations where they should consult a tax professional.  The ACA Expat Tax Services Directory is an important resource for information. 

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7 minutes ago, Eric Blair said:

No, I am a U.S. citizen. I do not have to reside in the U.S. to get the $1,200.00, but my issue was that my spouse had a TIN number because she has a savings account in the U.S. and needed to have a TIN to open the account.

My spouse has a 10-year U.S. Visa and her daughter is a naturalized citizen of the U.S.

Either day, I am disqualified as per the info I received the IRS.

Since my spouse got a very small 1099-INT for the savings account, I filed jointly w/her.

 

 

Yeah it sucks.  Hopefully if there is another stimulus package they will correct this terrible clause.  

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4 hours ago, NoVaDamer said:

Nonsense. There is nothing on the IRS website stating such a condition. There is a statement saying "non-resident aliens" are not eligible, but that does not change the status of a US citizen spouse. And there is no condition that one be a US resident. I am a US citizen with a permanente here, and my wife and I already received our stimulus checks.

https://www.irs.gov/coronavirus/get-my-payment-frequently-asked-questions

Are you registered with a Mexican address with Soc. Sec.?

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"Eligible retirees and recipients of Social Security, Railroad Retirement, disability or veterans' benefits as well as taxpayers who do not make enough money to normally have to file a tax return will receive a payment. This also includes those who have no income, as well as those whose income comes entirely from certain benefit programs, such as Supplemental Security Income benefits.

Retirees who receive either Social Security retirement or Railroad Retirement benefits will also receive payments automatically."

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On 4/17/2020 at 9:16 AM, .Colibri. said:

Yeah it sucks.  Hopefully if there is another stimulus package they will correct this terrible clause.  

I  won't hold my breath.

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On 4/17/2020 at 9:17 AM, bdmowers said:

Are you registered with a Mexican address with Soc. Sec.?

The exclusion is not in the IRS Code, but the stimulus legislation.

I filed before the stimulus legislation but still can't get it since I did it as married filing jointly. But there is hope:

You can file an amended return (I think 1040X) and change status to married filing separately.

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I haven't filed for 2019 so I am filing separately, this makes  no sense at all  the SWAMP is very deep and wide! I still like the reasoning behind this,if it is really factual.( No stimulus with foreign wife non us citizen) ?!?!

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Run the numbers both ways before switching from Married Jointly to Married Separately.  You will lose 1/2 the standard deduction (12,200 v. 24,400).  Even at lowest 10% tax bracket, that's more than the 1,200 stimulus check.  BUT it really depends on each couple's exact financials.  Maybe you are under tax thresholds and just filing to get in IRS records for stimulus??

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On 4/16/2020 at 8:38 PM, ea93105 said:

No check just because you have a nonresident spouse ? That's seriously outrageous 

I ran the numbers i will file as one person it will not change my numbers and will see what happens!

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I understand I will not be getting a stimulus check because of my filing status, U S citizen with non citizen wife. I will be filing 2019 as an individual and see what happens! But for the life of me I don't understand the reasoning behind this part of the stimulus package !!

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U.S. Citizens Missing Out On Stimulus Checks Based On Spouse's Immigration Status                                                                                                            

https://newyork.cbslocal.com/video/4527308-u-s-citizens-missing-out-on-stimulus-checks-based-on-spouses-immigration-status/

 

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My apology. The New York Times has a good piece on this today, confirming the original claim about American citizens not receiving the stimulus based on their spouse's ITIN use. I should have known better than to respond as I did: Mea culpa! I got so tired of correcting other people's comments ("it's just a loan" "it's only for residents") that I failed to research BEFORE I shot off my mouth. Again, sorry!

 

https://www.nytimes.com/2020/04/28/us/coronavirus-undocumented-immigrants-stimulus.html?action=click&module=Well&pgtype=Homepage&section=US News

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Payment Status

We scheduled your payment to be deposited on April 30, 2020 to the bank account below.

Bank Account Number: ************7311

If you don't see your payment credited to your account, check with your bank to verify they received it. We will mail you a letter with additional information on this payment.

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I wonder where I stand... I am a non resident alien married to a US ctizen, I have a SS number and I pay taxes in the US....and I also wonder if my husband will receive anything or not...We will see. I am not holding my breath. Our SS check is made via a deposit in the US...If I pass away my husband will collect my SS because it is larger than his...

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IMO, PoliFacts sort of missed in their pronouncing this as "Mostly False".  Granted the political part, about it being Trump and McConnell personally who withheld the payment to folks in this situation, is untrue. But the fact still remains that this US Citizen, who filed taxes legally according to US law, will NOT get a $1200  stimulus payment and there doesn't look like there is any way from the citizen to correct this oversight.  

The law could have easily been written that, in this case, ONLY the filer with a SS number will get the $1200 payment but the filer with an ITIN would not and as a couple filing jointly they would 'only' get $1200. 

I would have pronounced this as 'Mostly True'.....

 

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Thanks .it looks like my husband wll be eligible since I have a SS number, we will see...so far nothing

 

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