Filling out W-4, Am I a non resident Alien?

[wasp8898 58]

Hello everyone,

 

I am starting a new job soon and they are making me fill out W4, one question is if I am a non-resident Alien, I only have EAD, I came from K1 and adjusting status waiting for interview. 

How should I answer this? Also If I am a non resident alien, they are saying that I cannot choose married as my marital status, why is that?

[Crazy Cat 41,843]

8 minutes ago, wasp8898 said:

Hello everyone,

 

I am starting a new job soon and they are making me fill out W4, one question is if I am a non-resident Alien, I only have EAD, I came from K1 and adjusting status waiting for interview. 

How should I answer this? Also If I am a non resident alien, they are saying that I cannot choose married as my marital status, why is that?

1.  The W-4 is for tax WITHHOLDING only.  The W-4 allows the employer to withhold enough Federal Income Taxes to "cover" your anticipated tax liability at the end of the tax year.  

2.  Non-resident aliens can not generally file as "married".  Generally, a non-resident alien cannot file jointly. They have to file as individuals (If married, Married-Filing Separaely).  Thus,an employer will withhold based on an anticipated higher tax rate.

 

 

[wasp8898 58]

27 minutes ago, missileman said:

1.  The W-4 is for tax WITHHOLDING only.  The W-4 allows the employer to withhold enough Federal Income Taxes to "cover" your anticipated tax liability at the end of the tax year.  

2.  Non-resident aliens can not generally file as "married".  Generally, a non-resident alien cannot file jointly. They have to file as individuals (If married, Married-Filing Separaely).  Thus,an employer will withhold based on an anticipated higher tax rate.

 

 

Thank you, so I am married filing separately. Does it mean my husband which is a US citizen, and works as a contractor (1099) Should also file married - filing separately? We were planning on planning jointly on his side, now I am not sure.

[Crazy Cat 41,843]

1 minute ago, wasp8898 said:

Thank you, so I am married filing separately. Does it mean my husband which is a US citizen, and works as a contractor (1099) Should also file married - filing separately? We were planning on planning jointly on his side, now I am not sure.

Why are you filing separately?  You have a choice the first year, to be treated as a full tax year resident or a dual status alien (reporting only US based income)..........If you had any foreign income before coming to the US, I recommend consulting a competent tax professional who can run the number both ways for you.

 

To answer your question:  If one spouse files separately, then both spouses must (unless filing HOH.....which does not appy to your situation).

[Crazy Cat 41,843]

**Topic moved to Tax and Finances During US Immigration*****

[wasp8898 58]

1 minute ago, missileman said:

Why are you filing separately?  You have a choice the first year, to be treated as a full tax year resident or a dual status alien (reporting only US based income)..........If you had any foreign income before coming to the US, I recommend consulting a competent tax professional who can run the number both ways for you.

 

To answer your question:  If one spouse files separately, then both spouses must (unless filing HOH.....which does not appy to your situation).

I do not want to file separately, but I am unsure whether I am a non-resident alien or not. If I am a non-resident alien then the only option for me is to file separately, as the form W4 states. I came from K1 back in June 2019  filed AOS September and waiting for residency interview. 

[wasp8898 58]

Thanks for the help again, i think i got the answer on this post.
 

 

[Crazy Cat 41,843]

Just now, wasp8898 said:

I do not want to file separately, but I am unsure whether I am a non-resident alien or not. If I am a non-resident alien then the only option for me is to file separately, as the form W4 states. I came from K1 back in June 2019  filed AOS September and waiting for residency interview. 

As I stated above, you can choose to file your tax return either as a resident alien (full year) or a dual status alien (meaning you were a non-resident alien for part of the year....and a resident alien since your arrival)......