W-8BEN or W-9 for opening checking account on L-2 having SSN, applied EAD

[ganeshimmi]

Hi,

I am currently in the US on a L-2 visa, been here for 3 weeks, got my ssn, applied for EAD. When trying to open a checking account, the bank is asking me to sign form W-8BEN. The instructions for form W-8BEN says "Do not complete Form W-8BEN or the Reason for U.S. Address form if you are a U.S. citizen or other U.S. person (including a resident alien individual). Instead use Form W-9 to give us your Social Security Number or Individual Taxpayer Identification Number". Can anyone point me in the right direction ?

Thanks,
Ganesh.

[txh1b]

You are considered a resident alien for tax purpose only if you satisfy the physical presence test for 181 days in the year. Google and read about it.

[ganeshimmi]

Thanks for your response and the pointer about the physical presence test. What happens when I give a W-8BEN now and stay for over 181 days ? Should I file a W-9 again to the bank ?

Thanks,
Ganesh.

[txh1b]

I would say yes.