Stimulus Checks for mixed family

[ramesh8v]

Hello,

I am working on an H1B visa with a resident alien status for tax purposes. I was single during the 2019 tax year therefore, I filed Form 1040 as a single in April 2020.

In the March of 2020, I married a nonresident alien. This year I will be filling jointly with my spouse, and I will be applying for an ITIN number using the W7 form. I received both $1200 and $600 stimulus checks. Turbotax tells we are eligible to receive another $1800 as a family, I doubt that since my spouse is a nonresident alien. My question is, somewhere I read CARES act doesn't let mixed families like us get $1200 stimulus checks? Is that true? Do I need to return my $1200 back to IRS? Thanks

[MarilynG1 · Accepted solution]

No, you don't need to return the Stimulus Payments you received as a result of your 2019 tax filing, as you correctly received them.

However, you are correct that you would not be entitled to the additional $1800 Recovery Rebate Credit that TurboTax calculated for you with a spouse with an ITIN (or pending one). 

A workaround for this would be to enter that you received $2400 and $1200 for your 1st and 2nd Stimulus payments in the Federal Review, thus not triggering the credit.  

Click this link for more info on Recovery Rebate Credit for Mixed Families.