How do we file? Candian Spouse of USC both living together in US and approved to work but not LPR/Green Card approved yet

[NT46]

How do we file? As an USC, I married a canadian citizen in 2021 and we lived together in USA, both worked in 2021. She was given work authorization in 2021 and issued an SSN, though still awaiting LPR/green card approval. Turbo tax allows for filing as jointly, though final questions on form asking about payment under American Rescue Plan (something she was not given being a Canadian citizen) want to validate that both of us received the COVID $1,400 each. As she was not issued an IRS Letter 6475 or any payments under this program, entering $0 makes Turbo Tax immediately add in an additional $1,400 to the refund. As that does not appear correct, how do I avoid claiming this benefit?

[PattiF · Accepted solution]

It does seem that TurboTax is correct in awarding the additional $1400 to your return.

From  the IRS newsroom:

You are eligible if you or your spouse are a US citizen and you or your spouse have a valid SSN.

[NT46]

Thank you PattiF, your IRS reference was a huge help in clarifying filing, resident alien clarification, and confirmation of Recovery Rebate Credit.