Do AOS applicants who get the EAD but not the GC yet need to submit W-8BEN?

[mnewportland]

Hi Everyone,

This is a very important question that I wish one of you could help me with, my wife is trying to add me to her bank account so that we have a joint checking bank account, and the bank is asking me to fill and submit a W-8BEN form.

https://www.irs.gov/forms-pubs/about-form-w-8-ben

This is confusing me so much because I have a Green Card application (AOS) and according to IRS I'm considered as a resident align because I'm married to a US citizen and I've stated that on the W-4 form when I with filling the new job forms. Do I still need to fill and submit a W-8BEN form?

Are they going to withhold 30% of my paychecks or income because I don't have a greencard?

I would really appreciate it if anyone who have been through similar situation or have some information can help me, Thank you so much!

[hpx3000]

You are still a non-resident alien until you have your green card but this is the first time I am hearing this. I (long time F1/J1, recent GC) have had to fill out W-8BEN but only at the end of the year when the bank want it to clarify my bank-related earnings for tax purposes. That is, a very small amount of interest earned on my savings account with the bank. And no, never had any money withheld for the reason that that I was not a resident or a citizen. I actually added my wife (USC) to my accounts while our AoS was pending and we had no issues and this wasn't brought to our attention. Probably try a different clerk or different location?

[newacct]

You are still a non-resident alien until you have your green card but this is the first time I am hearing this.

Not true. You are a resident alien for tax purposes if you pass the Substantial Presence Test (i.e. if the number of days present in the US this year + 1/3 the number of days present in the US the previous year + 1/6 the number of days present in the US the year before that >= 183 days). Most long-term foreign workers, as well as illegal immigrants, are resident aliens for tax purposes.

[Enub4]

For banks, if they don't have W-9 or W-8BEN on file, they will withhold some of the interest (30% I think).

Because both forms are from the IRS, you need to do the test to see if you are a resident for tax purposes:
https://www.irs.gov/individuals/inte...ien-tax-status

Some visas, like F1, don't count the days, so you are never a resident for tax purposes. EDIT: Well, not never, there are restrictions. I tried to say for the time it takes to do normal studies 2-4 years.

Some banks will not let you file W-9 without a GC, they will tell you to file W-8BEN even if you are resident for tax purposes and should be filing W-9 even if you don't have your GC yet.

[mnewportland]

Thank you so much hpx3000 , newacct , Enub4

I filled and submitted that W-8BEN form to that bank, can they withhold 30% of my income or any other percentage? I'm taking about wage here. I already filled form W-4 When I accept the job as I said.

Thanks a lot again, I really appreciate it.

[Enub4]

Thank you so much hpx3000 , newacct , Enub4

I filled and submitted that W-8BEN form to that bank, can they withhold 30% of my income or any other percentage? I'm taking about wage here. I already filled form W-4 When I accept the job as I said.

Thanks a lot again, I really appreciate it.

The bank can only withhold from the interest generated on your account, they will not withhold from the deposits.