Recovery Rebate Eligibility for Dual-Status Spouse Filing Jointly with U.S. Citizen

[andean]

My wife and I married in early 2020. Her J1 visa expired on March 31, 2020, but she was legally able to remain in the U.S. due to a pending adjustment of status application. Therefore, for the year 2020, she was in the United States from 1/1/2020 - 3/31/2020 under a J1 visa, and from 4/1/2020 - 12/31/2020 as an applicant with a pending adjustment of status application. From what I understand, for tax purposes she was a dual-status alien in 2020 (nonresident alien from 1/1/2020 - 3/31/2020 and a resident alien from 4/1/2020 - 12/31/2020 via substantial presence). She also had a valid SSN eligible for employment before 2020 ended, and received $0 in EIP for the first two rounds of stimulus in 2020.

I am a U.S. citizen. If we elect to file jointly in 2020 and treat her as a resident alien for all of 2020, will she be eligible for the Recovery Rebate Credit?

[DanaB27 · Accepted solution]

Yes, she can qualify for the Recovery Rebate Credit since she met the Substantial Presence Test in 2020 (became a resident for tax purposes) and has a valid SSN for employment.

To claim the Recovery Rebate Credit in TurboTax, please follow these steps:

1. Log into TurboTax.
2. After entering all your information click "Federal Review" at the top of your screen (or click "Search" and type "Stimulus" and follow the jump to link). 
3. On the screen "Let's make sure you got the right stimulus amount" click "Continue".
4. You will be asked about the amounts of first round and second round stimulus payments you received.  If you did not receive a payment enter "0".
5. TurboTax will then calculate the amount of stimulus payment remaining that you are still entitled to get. 
6. Any stimulus amount remaining due to you will show as a credit on line 30 of the 1040.