Bank Requiring W8-BEN with "Permanent Address" in Argentina to add to accounts

[KBCN 53]

Hi everyone!

 

Just curious if anyone else experienced this/what you did and/or any general advice before we proceed.

 

My husband came on a K-1 Visa and we did his Adjustment of Status in November. At this stage, he has his EAD/AP combo card and social security card. We have been in "pending interview status" since April and have been working on updating everything to make sure he has access to financials, got him on insurance, etc. But, we've run into a litany of forms and misinformation from the bank.

 

At this point, they are now saying that they have to have a W8-BEN on file/to submit to the IRS because he is a "non-permanent resident" and will only accept an address on the form that is Argentinian to put him on the bank accounts. I've gone through the challenges of doing that because technically he's non-resident pending permanent residency, but he has since moved to live in the U.S. and that any taxes on compensation would be subjected to U.S. tax law, he has a social security number, etc. 

 

My concern is that by filling out the W8-BEN with a foreign address (bank recommends a "friend or relatives address if he doesn't have one at home" - what?) is that he's indicating that his "permanent address" is something in his foreign country. They are refusing to add him to my bank accounts unless he fills out the W8-BEN with a foreign address, even though I've called, wrote a letter, etc. explaining the situation.

 

Has anyone else had to do this? Is this seriously a requirement to get your foreign spouse added to your bank accounts while they are pending in AOS? If we move forward with doing this, I would write a cover letter re-explaining our/his situation, but at the same time, the bank has indicated they need to submit it to the IRS so highly doubtful they would be providing the cover letter along with our form.

 

Maybe we are just overthinking everything, but with how things are right now, we don't want any set backs by the time we get an interview.

 

Thanks for any input/advice/knowledge on this in advance!

[Ayrton 965]

52 minutes ago, KBCN said:

Hi everyone!

 

Just curious if anyone else experienced this/what you did and/or any general advice before we proceed.

 

My husband came on a K-1 Visa and we did his Adjustment of Status in November. At this stage, he has his EAD/AP combo card and social security card. We have been in "pending interview status" since April and have been working on updating everything to make sure he has access to financials, got him on insurance, etc. But, we've run into a litany of forms and misinformation from the bank.

 

At this point, they are now saying that they have to have a W8-BEN on file/to submit to the IRS because he is a "non-permanent resident" and will only accept an address on the form that is Argentinian to put him on the bank accounts. I've gone through the challenges of doing that because technically he's non-resident pending permanent residency, but he has since moved to live in the U.S. and that any taxes on compensation would be subjected to U.S. tax law, he has a social security number, etc. 

 

My concern is that by filling out the W8-BEN with a foreign address (bank recommends a "friend or relatives address if he doesn't have one at home" - what?) is that he's indicating that his "permanent address" is something in his foreign country. They are refusing to add him to my bank accounts unless he fills out the W8-BEN with a foreign address, even though I've called, wrote a letter, etc. explaining the situation.

 

Has anyone else had to do this? Is this seriously a requirement to get your foreign spouse added to your bank accounts while they are pending in AOS? If we move forward with doing this, I would write a cover letter re-explaining our/his situation, but at the same time, the bank has indicated they need to submit it to the IRS so highly doubtful they would be providing the cover letter along with our form.

 

Maybe we are just overthinking everything, but with how things are right now, we don't want any set backs by the time we get an interview.

 

Thanks for any input/advice/knowledge on this in advance!

That's not necessary. The person in the bank is probably thinking that your husband still lives in Argentina.

 

The form W8 explicitly says to not use the form if:

 

"You are a U.S. citizen or other U.S. person, including a resident alien individual"

 

Your husband, even though he's still not a LPR, he will be considered a resident alien for tax purposes. So he can't fill out form W8.

Edited August 24, 2020 by Ayrton

[KBCN 53]

Thanks, @Ayrton! 

 

I've tried to explain that to the bank and it's just circles. I'm going to try to call them one more time, otherwise, I guess we are going to have to find a different bank until my husband gets his green card. 

[Ayrton 965]

41 minutes ago, KBCN said:

Thanks, @Ayrton! 

 

I've tried to explain that to the bank and it's just circles. I'm going to try to call them one more time, otherwise, I guess we are going to have to find a different bank until my husband gets his green card. 

What is the bank? Did you go to the actual bank or you just called them? My suggestion is to go in person with EAD, SSN and a bill on his name/driver's license with address. I opened an account as soon as I arrived with Wells Fargo, no SSN, no bills on my name. Then when I got my first job I opened a Chase account. I just showed my EAD, SSN and driver's license.

 

Your husband is considered a US person by IRS.

[KBCN 53]

@Ayrton

 

USAA is the bank and unfortunately it's primary location is ~4 hours from where we live. It is primarily established for military families (or at least was back when I opened my account). Honestly, I've spent over 17 hours on the phone with them and that doesn't include the back and forth with paperwork because first it was "call back with SSN," then needed U.S. issued ID (sent in the EAD), then some survey form and bank signature cards, now they are insisting on this W8-BEN. They are saying they can't put him "in the system without the permanent resident card number." Oddly enough, they were able to put him on my credit card (as a user) without any SSN and he has the ability to see all of my insurance, etc. that we haven't actually added him to yet b/c no driver's license.

 

We don't have my husband's Driver's License yet. With COVID, appointments have been really hard to get and we scheduled for one back in June, first available slots not until October

 

I'm going to call them back and mention the three banks that you were able to open accounts with and basically insist that if these other banks can do it in seconds, then they need to add him. Worst case scenario, I start moving funds out from USAA to another financial institution. But we are not going to fill out the W8-BEN and regardless of what answer I get, I'm going to send them another disgruntled letter about the poor advice and potential problems they could be presenting us with by requesting this. 

 

Appreciate all of the advice and the banks that you were able to get accounts at. Now we at least know a few banks that can serve us. 

[Raluca&Will 6]

We have the same problem .first we tried at navy federal. And they want a US document (Even I showed them the ssn+marriage certificate)

And Usaa wanted us to file w8-ben but it passed 2 weekend and we didnt received a msg back.

 

Maybe you can try with the driving licence.