Stimulus Check Question - US Citizen Married to F1 Student - Taxes Married Filing Jointly

[newyorktax12]

I am a US citizen, and my wife was an F-1 student. We got married in the summer of 2020. I have applied for her green card via adjustment of status, and we are currently waiting for our interview. She has an SSN that was issued when she did OPT after her Bachelor's degree ~1.8 years ago. The SSN states "VALID FOR WORK ONLY WITH DHS AUTHORIZATION". Her OPT status has expired after our marriage. We will file the 2020 tax as married filing jointly.

1. As I did not receive/apply for the stimulus checks, I should be able to claim the Recovery Rebate Credit on the application. However, since I’m treating my non-US spouse as a resident for tax purposes. Turbo Tax is indicating my spouse and I are qualified for the stimulus payments. I’m unsure if my spouse qualifies for this as we are in the process of adjusting her status. Could you please advise if she is eligible for the stimulus payments? If not, is there a way that I can only claim myself for the stimulus on the application on Turbo Tax?

Thanks in advance.

[DavidD66]

With the first round of stimulus payments, US citizens married to non-resident aliens were not eligible for the stimulus.  However, this rule changed with the new second COVID-19 aid package.  In the second round of stimulus checks, a US citizen and their noncitizen spouse are both eligible for a payment as long as they have Social Security numbers.  You don't need to try and override TurboTax.

[newyorktax12]

Hi @DavidD66, thank you for your response! If you don't mind, could you please clarify if this means my spouse who has an SSN with "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" does qualify for the 2 stimulus checks? Thanks again for your help on this! 

[DavidD66 · Accepted solution]

Based on the information you provided, it sounds like your spouse qualifies for stimulus. To qualify for a stimulus payment, you must:

• be a U.S. citizen, permanent resident or qualifying resident alien
• not be a dependent on someone else’s return
• have a valid Social Security number, and
• meet the income requirements. Payments begin to be phased out for individuals earning more than $75,000 per year, married couples filing jointly who earn more than $150,000 per year, and head of household filers earning more than $112,5000. No payments at all will be made to individuals who earn more than $99,000 per year, $198,000 for married couples filing jointly, and $136,500 for head of household filers.