Alien resident or non-alien resident

[AMB 7]

Hi VJ members 

i came to the us through k1 visa and wen I adjusted my status i used to receive receipts and notice of actions from uscis which have alien number in the receipts so I thought im alien resident. but I haven’t received my green card yet due to the pandemic. I just recently got my work authorization.

 

so my question is. Am i alien resident or non-alien? Because this would help in the tax withholding. 

[HRQX 4,145]

24 minutes ago, AMB said:

Am i alien resident or non-alien? Because this would help in the tax withholding. 

For tax withholding purposes you are a resident alien: https://www.irs.gov/individuals/international-taxpayers/determining-alien-tax-status

Also for tax year 2019 you can choose to be treated as a resident alien if you were married to your spouse before 2019 ended: https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse "Election to File Joint Return"

Edited May 9, 2020 by HRQX

[geowrian 22,337]

4 minutes ago, HRQX said:

Also for tax year 2019 you can opt-in as a resident alien if you were present in the US and married to your spouse: https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse "Election to File Joint Return"

No need to be present in the US. That applies even for a spouse who has never set foot in the US, so long as they have a valid ITIN or SSN.