New W-4 form - alien status

[London19 12]

Hello 

 

I entered the US last year as a K1, I have my EAD/AP but still waiting for my green card interview to be scheduled.

 

I started my US job in March 2020 and so I had to complete the new 2020 W-4 form (hard copy). On it, it didn't ask for my immigration/residential status.

 

After I got my first paystub I realised I had entered the wrong amount on the 'extra withholding' section. I can change the amount online via the company's ADP (system where you can access paystubs etc.). I started the process but before you can change the amount, it asked whether you are a non-resident alien or a US citizen/resident alien. On the question, it defines non-resident alien as an individual that is not a 'US citizen and do not meet either the green card test or the substancial presence test for the calendar year Jan 1 - Dec 31'.

 

If I am a non-resident alien, there are special rules when completing W-4 form (ref. IRS Notice 1392 and IRS Pub T-15). Therefore I want to be sure I tick the right box. Also it isn't clear how much tax I will pay based on my salary as a non resident alien. 1) Is there a way to find that out? 

 

2) Is it correct to say, I am a non-resident alien, although my green card process is on going? 

 

3) On IRS, it states that you can treat your non resident alien spouse as a US resident. Does that apply in my case?

 

Thanks! 

[Ayrton 965]

3 hours ago, London19 said:

Hello 

 

I entered the US last year as a K1, I have my EAD/AP but still waiting for my green card interview to be scheduled.

 

I started my US job in March 2020 and so I had to complete the new 2020 W-4 form (hard copy). On it, it didn't ask for my immigration/residential status.

 

After I got my first paystub I realised I had entered the wrong amount on the 'extra withholding' section. I can change the amount online via the company's ADP (system where you can access paystubs etc.). I started the process but before you can change the amount, it asked whether you are a non-resident alien or a US citizen/resident alien. On the question, it defines non-resident alien as an individual that is not a 'US citizen and do not meet either the green card test or the substancial presence test for the calendar year Jan 1 - Dec 31'.

 

If I am a non-resident alien, there are special rules when completing W-4 form (ref. IRS Notice 1392 and IRS Pub T-15). Therefore I want to be sure I tick the right box. Also it isn't clear how much tax I will pay based on my salary as a non resident alien. 1) Is there a way to find that out? 

 

2) Is it correct to say, I am a non-resident alien, although my green card process is on going? 

 

3) On IRS, it states that you can treat your non resident alien spouse as a US resident. Does that apply in my case?

 

Thanks! 

IRS and USCIS have different definitions for resident alien. You can be a non resident alien for USCIS and a resident alien for IRS. 

 

Have your spouse filed 2019 taxes jointly with you (considering you got married last year)? If so, you are already considered a resident alien.

 

If not, I would assume you will file jointly for 2020, so you can already fill the form as a resident.

 

 

[Lil bear 4,201]

4 hours ago, London19 said:

Hello 

 

I entered the US last year as a K1, I have my EAD/AP but still waiting for my green card interview to be scheduled.

 

I started my US job in March 2020 and so I had to complete the new 2020 W-4 form (hard copy). On it, it didn't ask for my immigration/residential status.

 

After I got my first paystub I realised I had entered the wrong amount on the 'extra withholding' section. I can change the amount online via the company's ADP (system where you can access paystubs etc.). I started the process but before you can change the amount, it asked whether you are a non-resident alien or a US citizen/resident alien. On the question, it defines non-resident alien as an individual that is not a 'US citizen and do not meet either the green card test or the substancial presence test for the calendar year Jan 1 - Dec 31'.

 

If I am a non-resident alien, there are special rules when completing W-4 form (ref. IRS Notice 1392 and IRS Pub T-15). Therefore I want to be sure I tick the right box. Also it isn't clear how much tax I will pay based on my salary as a non resident alien. 1) Is there a way to find that out? 

 

2) Is it correct to say, I am a non-resident alien, although my green card process is on going? 

 

3) On IRS, it states that you can treat your non resident alien spouse as a US resident. Does that apply in my case?

 

Thanks! 

You meet the IRS definition of Resident Alien by the physical presence test .. present in the USA for more than 183 days in the year .. even though you are not yet a GC holder. 

[London19 12]

18 hours ago, Ayrton said:

IRS and USCIS have different definitions for resident alien. You can be a non resident alien for USCIS and a resident alien for IRS. 

 

Have your spouse filed 2019 taxes jointly with you (considering you got married last year)? If so, you are already considered a resident alien.

 

If not, I would assume you will file jointly for 2020, so you can already fill the form as a resident.

 

 

 

Thank you so much! 

And yes my spouse filed 2019 taxes as married filing jointly.

 

17 hours ago, Lil bear said:

You meet the IRS definition of Resident Alien by the physical presence test .. present in the USA for more than 183 days in the year .. even though you are not yet a GC holder. 

 

Good to know. Thank you so much!