Spouse working with EAD- w8BEN, w9, w4 or wHAT?

[y3ll0w 0]

Hello all,

My husband came on a K1 visa, we got married, applied for AOS, his employment authorization document, and advanced parole. His EAD and AP were recently approved and we are waiting on the card. Once that card comes in, he is legally able to work, but we have NO idea where to start once he gets a job.

Here's the backstory. My husband is from Haiti. He came in late 2013. He got a social security number. We were married before the 31st of December. We chose to file taxes jointly, so we included that letter asking for him to be considered as a US resident for tax purposes only for 2013 (and that stays in effect for all subsequent years unless you void the decision, according to the IRS publications). It says that once you make that choice, you cannot claim to be a tax resident for any other country.

So when he gets hired somewhere, they're going to ask him to fill out tax withholding documents like the w4, w9 (if he's hired as a contractor), w8BEN, or whatever else is needed.

I'm having difficulties finding what people are supposed to do once they've made that choice to be considered a resident for tax purposes on their taxes and they've been offered a job. I've researched the w9, w8BEN, and w4 and I can only find 1 document from the IRS that talks about what to do in this situation- and it says he needs to fill out a form that really only applies to nonresident aliens from a country with a tax treaty with the USA, which doesn't apply to him.

So, can you guys help me?

-What forms does he fill out when getting a part time or full time job?

-What forms does he fill out if he's hired as a contractor (this is the main option we have right now)?

-And what tax rules apply for receiving 1099s? I saw somewhere on an IRS document that if you're a green card holder and you don't file taxes or you choose to be taxed as a resident of a different country, you can be considered as giving up your residency rights/status. So if he gets paid via 1099s, then I'm guessing we have to pay estimated taxes quarterly or there could be major implications for that?

-What happen if he fills them out incorrectly?

This is all so confusing. He doesn't want to claim to be a US citizen or green card holder, because he's not. He doesn't meet the substantial presence test or green card test, so it seems like the w9 is out of the question... But we did make the choice for him to be considered a resident for tax purposes, so it seems like the w8BEN isn't right either. He's still a nonresident alien for immigration purposes though. And furthermore, he comes from a country with no tax treaty.

Help me navigate this, please.

Thanks so much!

[aussie_jason 195]

You are way over complicating things, if he gets hired as a W2 employee then he completes the W4 and an I-9, if he gets hired as a 1099 then he provides the W9 to the hiring company and has to pay his own taxes on an estimated basis quarterly with 1040-ES and if he creates his own company that he is an employee of for that he would need to complete an I-9.

The process is exactly the same as it would be for a USC.