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ashleykay

EAD paying tax & w4

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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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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.

 

 


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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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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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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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....


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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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:

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

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: 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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