Opening bank account K1?

[payxibka 10,045]

28 minutes ago, mogiftney said:

This is a standard message I’m getting when I try to open an account online:

 

I certify under penalties of perjury that:

1. The number shown below is my correct Taxpayer Identification Number (TIN#).
2. I am not subject to backup withholding because of one of the following reasons: 
   1. I am exempt from backup withholding.
   2. I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends.
   3. The IRS has notified me that I am no longer subject to backup withholding.
3. I am a U.S. person (including a U.S. resident alien).

She IS a US person.   Nothing wrong with certifying to that.  

[Lirca 70]

4 hours ago, mogiftney said:

My wife has tried to open a checking account with many banks, and all of them require her to be a lawful permanent resident. She doesn’t have a green card yet, we just sent the AOS package in august. They require her to pass the IRS “substantial presence” test or the “green card” test, both of which it appears she doesn’t pass. She doesn’t have a green card and she hasn’t been living in the US for 3 years. What is she supposed to do? How do they expect her to have a bank account at the AOS interview when she doesn’t even have a green card to open a bank account? All help appreciated, thanks

Hello i had the same problem when i got here ,we open a joint bank account at bank of america with any problem just my passport

[mogiftney 144]

1 hour ago, Ayrton said:

Presence test is enough. She's a Resident Alien for Tax Purposes.

 

Does she have SSN?

Yes she has a SSN she got it before we even married

[Just Paul 4,595]

45 minutes ago, mogiftney said:

Yes she has a SSN she got it before we even married

That's all she needs.   The "requirement" is really them following the "Know Your Customer" rules post 9/11.   I was able to add Mary to my checking without a SSN at one bank but they wanted a certified copy of her passport and id.

Edited October 25, 2020 by Paul & Mary

[PaulaCJohnny 713]

5 hours ago, mogiftney said:

Thanks for the response. Is there any way for us to do this without going into a branch? COVID-19 and all, we want to limit our exposure as much as possible. Applying online was where we ran into this LPR requirement. Thanks

A lot of banks have like drive-thru services. You will be safe in your car. We used to open our account. Ask the bank for this option 

[Damonlee 91]

I was able to open a checking account, personal and joint at Bank of America while visiting months before my K1 was officially issued. I’d suggest Bank of America if they are in your area.

[yuna628 9,676]

13 hours ago, mogiftney said:

Thanks for the response. Is there any way for us to do this without going into a branch? COVID-19 and all, we want to limit our exposure as much as possible. Applying online was where we ran into this LPR requirement. Thanks

Don't know, I'd imagine you'd have better luck with going into a branch. Most are taking good precautions these days. Mine has it set to appointment only and one client at a time visits. Since she has an SSN I don't see any reason why'd they'd give you trouble at all. We live in a tiny town but the bank was still able to handle it. You should also be able to add your spouse as an authorized user onto credit cards as well.

[Wuozopo 4,293]

13 hours ago, mogiftney said:

Thanks for the response. Is there any way for us to do this without going into a branch? COVID-19 and all, we want to limit our exposure as much as possible. Applying online was where we ran into this LPR requirement. Thanks

You will probably have better luck going to a branch and speaking to a supervisor if needed. The questions they are asking online are to determine if they need to hold back 30% of the interest the account may earn for the IRS. In general this would apply to foreigners who would fill out a Form W-BEN. Non-resident aliens pay a higher tax rate.  Or if you are a resident alien (US person) they can pay it all into your account when earned and report to the account holder and the IRS at the end of the tax year on a form 1099-INT.  
 

Your wife has a SSN and meets the days of physical presence to be a resident alien/US person for IRS purposes. IRS definition is different from USCIS definition. Banks deal with IRS so your status under IRS rules is what counts in this situation. Banks are required to know how to classify the account owner. 
 

 Fill out a Form W-9 which is basically certifying that you have provided your correct SSN and are certifying that you are a US person by IRS definition and are not subject to backup withholding of some of your interest (if any is earned). Take W-9, photo ID (passport, driver license), some proof of your address in US, and the Social Security card. That should cover anything they need. Some banks are stricter than others. They get to file a plan with how they are going to identify their customers and meet their reporting requirement to the government. So whatever their written policy is what they will allow at their bank. The next bank down the street might have an easier policy.

 

W-9 https://www.irs.gov/pub/irs-pdf/fw9.pdf

[Mike E 11,739]

13 hours ago, Ayrton said:

Wells Fargo will probably open an account for her even she shows up without an ID.

 

Jokes aside, they only required my passport and a credit card a I had from back home.

Yes we opened a joint account with Wells Fargo before my wife had a green card.  She just needed her passport.  They didn’t look at her I-94. Wells does require this to done in person.  
 

 

[Liflead 112]

16 hours ago, mogiftney said:

My wife has tried to open a checking account with many banks, and all of them require her to be a lawful permanent resident. She doesn’t have a green card yet, we just sent the AOS package in august. They require her to pass the IRS “substantial presence” test or the “green card” test, both of which it appears she doesn’t pass. She doesn’t have a green card and she hasn’t been living in the US for 3 years. What is she supposed to do? How do they expect her to have a bank account at the AOS interview when she doesn’t even have a green card to open a bank account? All help appreciated, thanks

I opened an account with Wells Fargo when I came to US last year on K1 visa. They didn't ask for GC. They opened an account based on my legal status at that time which was fiance visa. They did ask for bank account details from my home country.

[eggybreadb78 57]

I opened up a bank account with Wells Fargo when I was just a student a couple of years ago, all they wanted was my passport and for me to attend in person. I explained my situation to them even though they didn't really ask me for it. I'm also an authorized user on my fiancé's Wells Fargo card.  

Edited October 25, 2020 by eggybreadb78