I am working in US from 2007 on H1-B visa. For 2007 tax, I filed 1040NR form and did not qualify for stimulus money. This year (2008 tax) my status is resident alien. My wife and daughter (h4 visas) don't have SSN and will need to apply for ITIN using w7 forms. We have a new baby in 2008 July who has a SSN. My question is that if I file 1040 jointly with my wife and claim the kids as dependent, will we get the recovery rebate credit?

No you will not get recovery rebate on the joint return if your spouse does not have SSN.

Thanks for your reply. I have one more question. If we file as married - separately - and include my children (one with SSN and one without ) in my 1040, will I get recovery rebate for myself and the kid with SSN?

Thanks for your reply. I have one more question. If we file as married - separately - and include our children (one with SSN and one without ) in my 1040, will I get recovery rebate for myself and the kid with SSN?

Yes, you can file separate return and get stimulus rebate.
Then you can file amended tax return to file the joint return.

This is the reply I got from IRS. My question was whether I can include both my non-qualifying child (no SSN) and qualifying child (with SSN) as dependents in 1040 ("married filing separately" ) to obtain economy rebate credit for myself (with ssn) and for my son (with ssn).


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The Answer To Your Question Is:
Thank you for your inquiry dated April 6, 2009 in regards to qualifying for the “Recovery Rebate Credit”. Please accept our apology for the delay in our response.

We will assume that you are not a member of the Armed Forces of the United States at any time during the year.

According to the rules, if you have at least one qualifying child for whom you entered a valid social security number on Form 1040, U.S. Individual Income Tax Return line 6c column (2) and checked the box in column (4), or have at least one qualifying child with a valid social security number for whom you completed Form 8901, Information on Qualifying Children Who Are Not Dependents, qualifies you for the credit, provided you meet the other requirements for claiming the “Recovery Rebate Credit”.

We hope this information has been helpful and thank you for using our electronic services.

References: Form 1040 Instructions *Publication 17, Your Federal Income Tax or you may visit us @ Internal Revenue Service (http://www.irs.gov)

It looks to me that the IRS you can do it, so proceed as planned.