Am I considered as a Nonresident Alien Employee for Form W4?

[bluesunshine 15]

Hi, I would greatly appreciate anyone who would be able to offer some advice on my situation.

I'm married to a USC and filed for concurrent AOS in July 2014, and still pending an interview date from my local office. However, I've my EAD and SSN and I've been working here in the US since Sep 2014.

In my form W4 submitted to my employee, my Personal Allowances is "1" as I entered "0" for C to avoid having too little tax withheld. I also checked "Married, but withold at higher Single rate" marital status on line 3.

According to http://www.irs.gov/Individuals/International-Taxpayers/Withholding-Exemptions---Personal-Exemptions---Form-W-4, it seems like I should be classified as a Non-Alien Resident?

I looked at http://www.irs.gov/Individuals/International-Taxpayers/Determining-Alien-Tax-Status and I obviously do not pass the green card test or the substantial presence test.

Should I need to re-submit my W4 as per the special instructions listed in that website? Thanks!

[Owen_London 65]

When did you actually enter the US? You haven't updated your timeline, so I can't tell.

Depending on when that is, I suspect you will actually pass the substantial presence test for 2014, in which case you will be dual-status: non-resident alien before you entered and resident alien afterwards.

However, there is a complication: As an dual-status alien married to a US citizen, you are allowed to elect to be taxed as a US resident for all of 2014, and file married filing jointly with your spouse. It may or may not be better to make that choice, depending on how much you and your spouse each earned during the year.