Application pending, so what is my status?

[Aden58 0]

I recently filed for adjustment of status based on marriage to a US citizen. I have received nothing other than a receipt with an A-number and a biometrics date from USCIS since then. I am attempting to open a bank account here and I am stumped as to how I should define my status here. Attached is a picture of the question I have been asked; do I declare myself to be 1. A US citizen, 2. a US resident alien or 3. a US tax person for any other reason. 

Note that I have not received a tax number from the state yet nor do I have a SSN.

Thanks!

[Ben&Zian 4,398]

You are in a "gray" area. You're not a resident, but you're in a legal status while your I-485 is pending. If you had a B2, or K-1 visa and your I-94 is expired, just carry a copy of the I-485 NOA1 letter on you.

 

Depending on what bank, most I think require a SSN.

Edited April 4, 2017 by Ben&Zian

[Transborderwife 4,666]

PEriod of authorized stay.  But sounds like the 3rd option 

Edited April 4, 2017 by Transborderwife

[Suss&Camm 2,213]

You are the moment not a U.S person for tax reasons. None of them apply. You will have to fill out a W8-BEN form proclaiming this. Once you have your GC you can update the information with your bank.

[Aden58 0]

Thanks everybody for your quick replies! Really appreciate it!

[Suss&Camm 2,213]

If you are a tax person it will be sorted out by the W8-BEN since on it you calculate physical presence as well.. I literally just went through this hahaha

[Transborderwife 4,666]

2 minutes ago, Suss&Camm said:

You are the moment not a U.S person for tax reasons. None of them apply. You will have to fill out a W8-BEN form proclaiming this. Once you have your GC you can update the information with your bank.

I suppose it depends on how long they've been here if they meet the IRS presence test or not 

[Suss&Camm 2,213]

Just now, Aden58 said:

Thanks everybody for your quick replies! Really appreciate it!

Good luck

[Suss&Camm 2,213]

Just now, Transborderwife said:

I suppose it depends on how long they've been here if they meet the IRS presence test or not 

Yes, exactly

[Usagi_tsukino 89]

Technically you ARE a resident. You are not a GC holder, but if you reside in US - you are a US resident. It depends on the bank what they mean by "resident" - someone who resides in the country for more than a half of a year or someone with a GC? Try 2nd, if they don't ask for GC then you are fine. I always say that i am a resident of US, because if i am not then what country am i resident of? US is the only correct answer, even though i didn't get my GC yet. I do not, however, say that i am a GC holder.

Resident is a person who lives somewhere permanently or on a long-term basis.

(I suppose it also depends on when you arrived to US.)

Edited April 4, 2017 by banana_princess

[Suss&Camm 2,213]

Just now, banana_princess said:

Technically you ARE a resident. You are not a GC holder, but if you reside in US - you are a US resident. It depends on the bank what they mean by "resident" - someone who resides in the country for more than a half of a year or someone with a GC? Try 2nd, if they don't ask for GC then you are fine. I always say that i am a resident of US, because if i am not then what country am i resident of? US is the only correct answer, even though i didn't get my GC yet. I do not, however, say that i am a GC holder.

Resident is a person who lives somewhere permanently or on a long-term basis.

They mean resident for tax purposes - i.e. a US tax person, which he is not (unless qualifying under physical the presence test)

[Suss&Camm 2,213]

They ask that question for the purpose of tax withholding from accounts - the laws for this is different if you are a US tax person or an international person. You also have to sign an oath that this is true, so you can't just say what you feel is right.  (plus they'll ask for evidence)

Edited April 4, 2017 by Suss&Camm

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Tax & Finances During US Immigration forum.

[Chardon Ne' 71]

If you and your spouse were married on December 31, 2016 and they are a US citizen, or LPR  you are a US resident for tax purposes. You do not have to meet the substantial presence test in that case. So you would choose #3. The bank is asking you this for tax purposes so that is the answer you choose.