Economic impact payment and mixed immigration status filing

[sierratc]

Hello,

I am a US citizen married to a nonresident with a pending green card application. We are making the election to treat my husband as a US resident for tax purposes and filing as "married filling jointly."

I received the 2021 EIP payment, I have entered this information in and the software shows that my husband qualifies for a payment as well. However,  I don't know he qualifies for this, we are electing him to be treated as a US resident for tax purposes and he does have a social security number. Has anyone experienced a similar situation?

Thank you!

[DianeW777]

Yes, your resident alien spouse is eligible based on the rules below.  You are filing jointly and he has a social security number.

The third Economic Impact Payment amount was:

• $1,400 for an eligible individual with a valid Social Security number ($2,800 for married couples filing a joint return if both spouses have a valid Social Security number or if one spouse has a valid Social Security number and one spouse was an active member of the U.S. Armed Forces at any time during the taxable year)
• $1,400 for each qualifying dependent with a valid Social Security number or Adoption Taxpayer Identification Number issued by the IRS

Generally, someone was/is eligible for the full amount of the third Economic Impact Payment if they:

• are a U.S. citizen or U.S. resident alien (and their spouse if filing a joint return), and
• are not a dependent of another taxpayer, and
• had adjusted gross income (AGI) that is not more than:
  • $150,000 if married and filing a joint return or if filing as a qualifying widow or widower
  • $112,500 if filing as head of household or
  • $75,000 for any other filing status

Payments were phased out – or reduced – above those AGI amounts. This means people did not receive a payment if their AGI was at least:

• $160,000 if married and filing a joint return or if filing as a qualifying widow or widower
• $120,000 if filing as head of household
• $80,000 for any other filing status

[sierratc]

Thank you so much for your reply! So although his immigration status is currently nonresident alien, he still qualifies based on the fact that we're filing jointly and we both have social security numbers?

[Vanessa A]

Yes, even though he is a non resident, since you are filing a joint return and he has a SSN and you are treating him as a resident for tax purposes, he would qualify for the stimulus.

Non Resident Alien Stimulus