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Little_My

W-8 and W-9 Tax Forms

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Okay, so - you know how we always complain on these forums how USCIS could really re-write their forms and instructions in a bit of a more user-friendly and understandable language? Well, USCIS forms are like reading the alphabet compared to IRS and tax forms. They really suck.

So, I am basically trying to figure out which one, as a legal permanent resident, I need to use - the W-8 or the W-9. Both forms use this extremely weird and to me very vague term, "US person" - "US Persons" are supposed to use W-9, and the W-8 is Certificate of Foreign Status of Beneficial Owner for US State Tax Withholding".

I am 99% sure I am supposed to use the W-9, as it does state that "US persons" include resident aliens. However, with all the horror stories about the various ways people accidentally claim US citizenship by filling out the wrong form or ticking the wrong box, I thought it's best to confirm first. So, all help, knowledge and advice are greatly appreciated - as long as your information is correct.. :)

Edited by Little_My

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Are you an independent contractor who is looking to pay your own taxes to the IRS? [Referring to the W-9]

Okay, so - you know how we always complain on these forums how USCIS could really re-write their forms and instructions in a bit of a more user-friendly and understandable language? Well, USCIS forms are like reading the alphabet compared to IRS and tax forms. They really suck.

So, I am basically trying to figure out which one, as a legal permanent resident, I need to use - the W-8 or the W-9. Both forms use this extremely weird and to me very vague term, "US person" - "US Persons" are supposed to use W-9, and the W-8 is Certificate of Foreign Status of Beneficial Owner for US State Tax Withholding".

I am 99% sure I am supposed to use the W-9, as it does state that "US persons" include resident aliens. However, with all the horror stories about the various ways people accidentally claim US citizenship by filling out the wrong form or ticking the wrong box, I thought it's best to confirm first. So, all help, knowledge and advice are greatly appreciated - as long as your information is correct.. :)


"Peace is not the product of terror or fear. Peace is not the silence of cemeteries. Peace is not the silent result of violent repression. Peace is the generous, tranquil contribution of all to the good of all. Peace is dynamism. Peace is generosity. It is right and it is duty." -- NAPF page on Oscar Romero

Wife'sTime Line My link

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Yes, doing a short consulting gig from abroad for a US company.


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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