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Filed: K-1 Visa Country: Haiti
Timeline
Posted

My husband got his social security number in the mail not too long ago, so I took him to my bank and we are in the process now of adding him to my account. I had to sign a document and he had to sign it too so that he could be the co-owner.

I'm reading through the entire document and am wondering if we needed to supply a W8. For all of you who added your spouses to your checking and savings account and your spouse HAD a social security number, did you have to fill out a W8?

Here's why I'm asking. This is what is written above our signatures:

I certify, under penalties of perjury, that: 1. xxxx 2. xxxx 3. I am a U.S person (including U.S. resident alien) as defined in the full instructions of the W-9. If I am not a U.S. citizen or resident, I agree to provide form W-8.

The bank didn't ask for the W8. What do I do now? Is it needed or not?

Thanks!

Posted

My husband got his social security number in the mail not too long ago, so I took him to my bank and we are in the process now of adding him to my account. I had to sign a document and he had to sign it too so that he could be the co-owner.

I'm reading through the entire document and am wondering if we needed to supply a W8. For all of you who added your spouses to your checking and savings account and your spouse HAD a social security number, did you have to fill out a W8?

Here's why I'm asking. This is what is written above our signatures:

I certify, under penalties of perjury, that: 1. xxxx 2. xxxx 3. I am a U.S person (including U.S. resident alien) as defined in the full instructions of the W-9. If I am not a U.S. citizen or resident, I agree to provide form W-8.

The bank didn't ask for the W8. What do I do now? Is it needed or not?

Thanks!

The W-8 is a form from the IRS. As long as your husband claims to be a US resident for TAX purposes and then becomes a LPR when the AOS is approved, there is no need to complete the W-8. I took a quick look at it and the W-8 applies to foreign persons that have an amount paid by the bank and the bank must withhold a certain amount of the payment--this is so the IRS gets its money from the foreign person. The bank is assuming that you as the USC must file a tax return and any interest will be claimed by you. We added my wife after she had her GC so there was no need for us to complete the W-8. I see this as a way for the IRS to get interest payments made to foreign citizens that would otherwise have no reason to file an income tax return and thus not be able to tax that money.

Dave

Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Moved to Moving Here and Your New Life In America, from Adjustment of Status (Green Card) from Family Based Visas~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

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NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted (edited)

My husband added me to his account this past weekend. I am pending my AOS & EAD/AP , and so the bank manager put me as a non resident alien and said I could change it once I receive my GC. He did put me down as a U.S resident at first but I'd read somewhere that claiming to be a U.S citizen when you're not is a big no-no, so we got him to change it. I didn't have to fill out a W-8 because I am not the account holder, I just have permission to use the card - I'm pretty sure you can't be a foreign resident? You're either a U.S Citizen, LPR or non-resident alien. I fall into the latter right now, and I would assume most people are who are waiting on AOS/EAD/ap. The guy sorting out our account did ask to see our marriage certificate, my passport, and proof of address ( I used the UCSIS NOAs) and he also needed proof of my address in the U.K due to me not being an LPR yet.

Edited by PearlyLemons

K1 Visa

NOA2 - 13.04.13

Packet 3 received - 07.05.13

Packet 3 sent - 26.06.13

Packet 3 logged on CEAC - 09.07.13

Medical - 05.07.13

Medical results received at embassy - 10.07.13

DS2001 received at embassy 12.07.13

Last status update on CEAC 10.07.13 - Ready

Packet 4 received - 07.08.13

Interview - 15.08.13 - Approved.

AOS

AOS/EAD/AP filed 16.11.13

USCIS received applications 18.11.13

Biometrics appointment 13.12.13

Waiting..

Posted

Once you're living in the US and not just visiting, you are a US tax resident. You do not have to have received your green card to become a resident, because residency can either be temporary or permanent. Residency is not the same as citizenship.

If you are a visitor, you should supply a W8-BEN. If you are resident, you should supply a W9, which gives them your social security number (SSN). If you are a resident, but don't have your SSN yet, don't fill in either form, and give them your SSN once you get it.

Dave&Roza, the W8 is for the opposite to what you have assumed. It is to tell the IRS (and the bank) that you are neither a US resident nor citizen, and therefore they should not withhold interest from you to pay US taxes.

PearlyLemons, you are missing "temporary resident" in your residency classification.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Once you're living in the US and not just visiting, you are a US tax resident. You do not have to have received your green card to become a resident, because residency can either be temporary or permanent. Residency is not the same as citizenship.

If you are a visitor, you should supply a W8-BEN. If you are resident, you should supply a W9, which gives them your social security number (SSN). If you are a resident, but don't have your SSN yet, don't fill in either form, and give them your SSN once you get it.

Dave&Roza, the W8 is for the opposite to what you have assumed. It is to tell the IRS (and the bank) that you are neither a US resident nor citizen, and therefore they should not withhold interest from you to pay US taxes.

PearlyLemons, you are missing "temporary resident" in your residency classification.

Owen_London, do you think I have been added to the bank account correctly? I have not filled out a W8 or W9 - will this cause issues? I do believe those were the options I was given, and I put myself in the latter because I do not have LP residency yet, nor am I a U.S citizen. I do have an SS# though. I have no income going into this bank account, it's my husband's and I have just been added so I have a card for things like groceries.

K1 Visa

NOA2 - 13.04.13

Packet 3 received - 07.05.13

Packet 3 sent - 26.06.13

Packet 3 logged on CEAC - 09.07.13

Medical - 05.07.13

Medical results received at embassy - 10.07.13

DS2001 received at embassy 12.07.13

Last status update on CEAC 10.07.13 - Ready

Packet 4 received - 07.08.13

Interview - 15.08.13 - Approved.

AOS

AOS/EAD/AP filed 16.11.13

USCIS received applications 18.11.13

Biometrics appointment 13.12.13

Waiting..

Filed: K-1 Visa Country: Haiti
Timeline
Posted

I went in today and they said because I (the US citizen) was the primary owner and my husband (non resident alien) was just a co-owner/authorized user, we didn't have to fill out the w8 or w9. They sad if the primary ownership/first person listen on the account was changing then a w9 would be needed or if he was opening an account t of his own, then a w8 would be used. We didn't have to fill out either, we just had to sign to say we were adding him and he was acknowledging responsibility of being added. I reviewed it timeand time again wwith them "he's a non resident alien, not a us citizen or resident alien" and they didn't waiver in their response or even offer us those forms.

Posted

Owen_London, do you think I have been added to the bank account correctly? I have not filled out a W8 or W9 - will this cause issues? I do believe those were the options I was given, and I put myself in the latter because I do not have LP residency yet, nor am I a U.S citizen. I do have an SS# though. I have no income going into this bank account, it's my husband's and I have just been added so I have a card for things like groceries.

I'm guessing you have been added correctly, but you will need to go in and supply them with your SSN at some point. There's not a huge rush, though, as long as you will be filing your US taxes as "married, filing jointly", because your husbands SSN alone should be enough to connect the account to your joint tax return.

I'm not sure what you mean by "LP residency", but if you're living in the US, you are a US tax resident now, even if you don't have your green card yet.

Posted

I went in today and they said because I (the US citizen) was the primary owner and my husband (non resident alien) was just a co-owner/authorized user, we didn't have to fill out the w8 or w9. They sad if the primary ownership/first person listen on the account was changing then a w9 would be needed or if he was opening an account t of his own, then a w8 would be used. We didn't have to fill out either, we just had to sign to say we were adding him and he was acknowledging responsibility of being added. I reviewed it timeand time again wwith them "he's a non resident alien, not a us citizen or resident alien" and they didn't waiver in their response or even offer us those forms.

Is this for a bank account or a credit card? It may be that the two are dealt with differently, since bank accounts mainly need SSNs attached for reporting income from interest to the IRS, whereas credit cards mainly need SSNs attached so they can affect your credit history. But I'm just guessing.

Or it might be that your bank is wrong. They often are.

 
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