W-8BEN for my K1 wife who is ongoing AOS

[bbf3562 27]

My wife who is K1 visa holder is waiting for her AOS, EAD, and AP. While waiting, she want to join my bank account and share second debit card under her name instead of mine. She have her SSN and My USAA bank told me that she will need to fill out W-8BEN. What got me confuse that the form stated that resident alien cannot fill out and need to use W9 form instead. She doesn't have job yet which is why she is waiting for EAD. If the W-8BEN is the right form then why the bank said to use her previous home address from her home country on line 3(permanent residence address) but use current address on line 4 where she is living with me?

[Crazy Cat 41,888]

Maybe it's because she doesn't have a Green Card yet.  I'm not sure that she is  LPR yet until then. When my wife (2 Yr Green Card Holder) opened her BOA account, she filled out the W-9.

[CMJuilland 485]

USAA wants form W-8BEN. We had the same issue, and when we asked about it, they basically explained to us that we do not count as LPRs until we have our GC or EAD. I would just have her fill it out, send it to USAA, and you'll be fine. What I will do is call them again once I get my EAD and a job (which will hopefully be soon) because I will then be subject to U.S. taxes, and form W-8BEN technically doesn't apply anymore. 

BOA didn't want any of that, but unlike USAA, they didn't accept my married name because I don't have a picture ID with it yet, just my Social Security Card... 

[bbf3562 27]

20 hours ago, CMJuilland said:

USAA wants form W-8BEN. We had the same issue, and when we asked about it, they basically explained to us that we do not count as LPRs until we have our GC or EAD. I would just have her fill it out, send it to USAA, and you'll be fine. What I will do is call them again once I get my EAD and a job (which will hopefully be soon) because I will then be subject to U.S. taxes, and form W-8BEN technically doesn't apply anymore. 

BOA didn't want any of that, but unlike USAA, they didn't accept my married name because I don't have a picture ID with it yet, just my Social Security Card... 

This is weird. I called USAA again with different customer service, she said that we don't need to fill out W-8BEN. She will send a debit card signature for my wife and I to sign to allow her to use debit card under her name to use my checking account. Hopefully nothing issue without W-8BEN.

Edited October 20, 2017 by bbf3562
Forgot to add information.

[CMJuilland 485]

That's great to hear. We spoke to a bunch of different customer service people, and all of them wanted me to fill out the W-8BEN... But at the very least, I now have two joint bank accounts with my wife (and can also write checks).