Joint checking requirements

[Frider 7]

Hello,

 My wife and I sent applications for K1-AOS, EAD and AP 10/7/19. National Benefits Center sent NOAs for all three applications 10/18/19. We are waiting for an interview appointment at this time. To add her to my Schwab investor checking account, she must “certify under penalty of perjury that she is a U.S. person (a U.S. citizen or U.S. resident alien)”

What is her official immigration status? Is she a resident alien?

I’m not going to ask her to falsify a bank document just so we can show proof of joint checking.

[Nitas_man 3,100]

She is neither at this time and I am not aware of a banking rule that requires it either.

 

[Rob Beri 68]

9 minutes ago, Frider said:

Hello,

 My wife and I sent applications for K1-AOS, EAD and AP 10/7/19. National Benefits Center sent NOAs for all three applications 10/18/19. We are waiting for an interview appointment at this time. To add her to my Schwab investor checking account, she must “certify under penalty of perjury that she is a U.S. person (a U.S. citizen or U.S. resident alien)”

What is her official immigration status? Is she a resident alien?

I’m not going to ask her to falsify a bank document just so we can show proof of joint checking.

Does she have a greencard on hand? If not that she's still pending and not a resident alien. 

[payxibka 10,045]

30 minutes ago, Rob Beri said:

Does she have a greencard on hand? 

Apparently you didn't read carefully the OPs post you quoted in your post 

[HRQX 4,145]

1 hour ago, Frider said:

she must “certify under penalty of perjury that she is a U.S. person (a U.S. citizen or U.S. resident alien)”

It's referring to "resident alien" for US tax purposes: https://www.schwab.com/public/file/P-5817429/APP31902-fill.pdf Page 7

She is a "resident alien" for US tax purposes per the following IRS info:

https://www.irs.gov/individuals/international-taxpayers/determining-alien-tax-status "In some cases aliens are allowed to make elections which override the green card test and the substantial presence test"

https://www.irs.gov/individuals/international-taxpayers/classification-of-taxpayers-for-us-tax-purposes

Thus, she'll be stating the truth: she is a "resident alien" for US tax purposes

1 hour ago, Nitas_man said:

I am not aware of a banking rule that requires it either.

Yup. That is why the form is referring to alien tax status

Edited January 10, 2020 by HRQX