Why don't I get my stimulus?

May 19, 2008 4:11 PM

I'm a US citizen, while my wife is from Canada, and is in the US on a K3 visa while we work on getting her Green Card. The downside of this is that until she gets either that Green Card or a work permit, she can't be employed in the US. I filed my taxes as "Married Filing Jointly," and was informed that because she has an Individual Taxpayer Identification Number, rather than a Social Security Number, I would not be getting my "Economic Stimulus (Bush Bribe)" check. Does anyone understand the rationale here? Why does her status preclude my receiving my payment?
posted by mgrichmond to law & government (8 comments total)

Wild shot in the dark (because I've never filed jointly): can they easily determine from your joint filing exactly how much you make? The stimulus check is partly conditioned on how much you make.

Suppose jointly you file for $60,000, but your wife makes $58,000 of that. Even if you filed separately, you wouldn't get a stimulus check.

It's not entirely clear to me, but the FAQ suggests you can file separately for 2008 and get the stimulus check them. It says there will be a worksheet then explaining it.

Q. I don’t qualify for a stimulus payment based on my 2007 return. But my tax situation will be different in 2008. Will I qualify for any special benefit?

A. Possibly. The 2008 tax instructions will include a worksheet to help those who did not qualify for a payment or those who received a reduced amount determine if they can obtain a benefit when they file their 2008 tax returns next year.
posted by sbutler at 4:33 PM on May 19, 2008

7) Choosing MFS instead of MFJ, one spouse with ITIN

Married couple, no children. The wife has a valid SSN, but husband does not qualify for an SSN. Instead, the husband has an Individual Taxpayer Identification Number (ITIN) which was provided by the IRS for tax filing purposes. They are each required to file for 2007 and filed separate tax returns, both using the filing status Married Filing Separately. They each meet the income tax liability and income qualifications to receive an economic stimulus payment of the maximum amount.

Husband’s economic stimulus payment is $0 (because he does not have a valid Social Security number)

Wife’s economic stimulus payment is $600

Note — if this couple files jointly, their economic stimulus payment would be $0, because they filed jointly and one of them does not have a valid Social Security number.

From here.
posted by SpecialK at 4:34 PM on May 19, 2008

One rationale I heard was that by excluding filers with an ITIN from receiving the stimulus payment, the IRS is preventing illegal immigrants from receiving the stimulus payment. Ridiculous, I know, but I heard that advanced as a serious argument.

Unfortunately a boatload of law-abiding taxpayers get caught in this net as well. Hopefully your wife will get her SSN this year and you can get the free cash next year.
posted by crazycanuck at 4:45 PM on May 19, 2008

One rationale I heard was that by excluding filers with an ITIN from receiving the stimulus payment, the IRS is preventing illegal immigrants from receiving the stimulus payment. Ridiculous, I know, but I heard that advanced as a serious argument.

Ohhh... personally, I'm pretty sure that's it. The OP called it the "Bush Bribe" but it's really the "Congressional Bribe". Every Representative and one third of the Senators want to go back to their district as the person who put a $600 check in their constituents' mailboxes. It's good old American vote buying to hold the status quo.

But no one wants to go back as the person who put a $600 check in some foreigner's mailbox. Immigration is a hot button issue right now. That's a sure fire losing strategy right there.
posted by sbutler at 4:55 PM on May 19, 2008

"OMG we are not giving money to no @#$%^&& aliens!"

really, and it is sad, that is basically the level of discourse in our legislature on making the law that lead to the so called stimulus. I feel your pain. I didn't get one either. The law kind of sucks.
posted by caddis at 6:02 PM on May 19, 2008

Aside: you know she can get an EAD while waiting to adjust status, right?
posted by ROU_Xenophobe at 8:08 PM on May 19, 2008

If she doesn't have a work permit, then they'd be no reason for you to file jointly. Even if she did work in USA, you still weren't required to file jointly.
posted by GoodJob! at 7:43 AM on May 20, 2008

If she doesn't have a work permit, then they'd be no reason for you to file jointly.

There's the small matter of doubling your standard deduction and getting another exemption.
posted by ROU_Xenophobe at 7:52 AM on May 20, 2008