W-8BEN on K1

[ultrasurf 2]

My fiancee arrived in the US last month, and we are not yet married. She opened a bank account last week and filled out a W-8BEN there with our address in the US.

 

The bank sent her a letter today asking her to fill out the supplement to the W-8BEN to verify her Non-resident Alien status with the Substantial Presence Test (183 days). They also provided a W-9 in the same packet. She definitely hasn't met the presence test requirement and wouldn't by the end of the year either. Should she fill in just the W-8BEN supplement and return it?

 

After we get married later this year and apply for AOS, will anything need to be updated with the bank?

 

And next year, when we file taxes, is my understanding correct that we will need to file only as married jointly or married separately?

[Roel 7,191]

Well right now your wife is not a resident yet.  She won't be until she receives her green card, which won't happen for at least a year from the moment your aos start processing. So yeah definitely her immigration status will need to be updated. To be honest you guys are lucky she managed to open a bank account already. I couldn't even be added to my husband's account without a physical green card in hand  

 

Also you said she arrived last month and you won't be married until later this year... remember that you have only 90 days to marry. 

Edited September 12, 2017 by Roel