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ashleykay

EAD paying tax & w4

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Filed: K-1 Visa Country: New Zealand
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Hi guys! 

 

I recently started working using my EAD while I wait for my green card interview. 

 

Does anyone know know when filling out the w4 if we selected “non resident alien” since we don’t have our GC yet? 

 

Also, how much tax (%) will get deducted from our checks because we are waiting on our GC? 

 

Thanks!!

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Filed: Citizen (apr) Country: Taiwan
Timeline

Your tax deductions will be calculated like any other US resident or US citizen. Some thought and calculation concerning your individual situation determines how much tax withholding you need or want.  I suggest you research the subject from web sites like https://twocents.lifehacker.com/a-beginner-s-guide-to-filling-out-your-w-4-1792359834.

 

 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country: New Zealand
Timeline
55 minutes ago, missileman said:

Your tax deductions will be calculated like any other US resident or US citizen. Some thought and calculation concerning your individual situation determines how much tax withholding you need or want.  I suggest you research the subject from web sites like https://twocents.lifehacker.com/a-beginner-s-guide-to-filling-out-your-w-4-1792359834.

 

 

Thank you for this. 

 

I selected “non resident alien” since that’s what I thought I was and the form automatically filled itself for me. Are we not classified as Non resident aliens?

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Filed: K-1 Visa Country: New Zealand
Timeline
1 hour ago, missileman said:

Your tax deductions will be calculated like any other US resident or US citizen. Some thought and calculation concerning your individual situation determines how much tax withholding you need or want.  I suggest you research the subject from web sites like https://twocents.lifehacker.com/a-beginner-s-guide-to-filling-out-your-w-4-1792359834.

 

 

Never mind, I did some research on the IRS website and found this https://www.irs.gov/individuals/international-taxpayers/determining-alien-tax-status

 

because I’ve been in the US constantly for longer than 31 days this year I would be Alien Resident (not Non-resident alien) and therefore fill out the W4 as any U.S resident would do. 

 

Now to change my w4 with HR! Lol 

 

thanks for the help!!

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Filed: Citizen (apr) Country: Taiwan
Timeline
4 minutes ago, ashleykay said:

Thank you for this. 

 

I selected “non resident alien” since that’s what I thought I was and the form automatically filled itself for me. Are we not classified as Non resident aliens?

I think you are resident alien.  You meet the "substantial presence" 

 

 

This is from Notice 1392:

 

Are you a nonresident alien?

If so, these special instructions apply to you. Resident aliens should follow the instructions on Form W-4. If you are an alien individual (that is, an individual who is not a U.S. citizen), specific rules apply to determine if you are a resident alien or a nonresident alien for federal income tax purposes. Generally, you are a resident alien if you meet either the “green card test,” or the “substantial presence test,” for the calendar year. Any alien individual not meeting either test is generally a nonresident alien. Additionally, a dual-resident alien who applies the so-called “tie-breaker” rules contained within the Resident (or Residence or Fiscal Residence) article of an applicable U.S. income tax treaty in favor of the other Contracting State is treated as a nonresident alien. See Pub. 519, U.S. Tax Guide for Aliens, for more information on the green card test, the substantial presence test, and the first-year choice.

1 minute ago, ashleykay said:

Never mind, I did some research on the IRS website and found this https://www.irs.gov/individuals/international-taxpayers/determining-alien-tax-status

 

because I’ve been in the US constantly for longer than 31 days this year I would be Alien Resident (not Non-resident alien) and therefore fill out the W4 as any U.S resident would do. 

 

Now to change my w4 with HR! Lol 

 

thanks for the help!!

Correct.  You posted about 2 seconds before I did.......you are a resident alien....

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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The IRS definition of a resident alien differs from one's immigration status.

 If you meet the bona fide resident or substantial presence tests, you would be considered a resident for tax purposes.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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