W-8BEN for the bank while on AOS pending status?

[Lilly15 0]

I just received my EAD and the bank seems to have known as they immediately mailed me a letter asking me to verify my NON Resident Alien status (NRA) with the W-8BEN form attached.

Am I still a NRA for tax purposes when I've already received my EAD (not used it yet) and I am still currently taking classes under my F-1 student status? The semester will be over next month and I will be out of F-1 status, falling back on "AOS pending" soon to turn into Parolee status (once I start working under EAD). So you see my dilemma as to what to tell the bank my TAX status is as I fluctuate between all these different immigration statuses in the upcoming weeks... I know I'm not a Resident Alien, but I'm also not a Non Resident either... I'm in some sort of very confusing limbo, but I think others on here might have been through similar stages so I hope someone can point me in the right direction.

I've also tried the to determine what I score on the Substantial Presence Test (SPT) but I'm not sure how the days AFTER the AOS was received by USCIS should be counted: as non-exempt because I've already applied for change of status? Or since I still have a valid F-1 I am still an exempt individual for tax purposes? (F-1 students pay no social security or Medicare taxes)

Thank you so much in advance!!

[Nich-Nick 3,354]

The bank didn't know. It was a coincidence. Assuming you are married to a US citizen, you can be considered a Resident Alien for tax purposes and file jointly with your spouse for tax year 2014. (See Publication 519 around page 9 or 10.). That is whether you work, meet the days counted, etc. You can do a W-9 with the bank. See this post where I wrote a little more about it. http://www.visajourney.com/forums/topic/572708-irs-itin-w-8ben-w-7-or-w-9/?p=7869255

[Lilly15 0]

Thank you Nick!

We haven't really thought about it but I suppose we will be filling taxes jointly next year. (I had no income myself in 2015 so I'm assuming a joint return would be beneficial??) So W-9 it is then.

That other thread helped a lot too. I laughed at how she mentions being in limbo too. Huh, I guess a lot of people have been in this situation...!

Thank you so much for your help!