EAD approved but pending Green Card

[Mirella PS 0]

Hello everyone, 

My EAD got approved but my AOS is still pending

I got a job and I am trying to figure out if I am doing this correctly, because my AOS is pending am I considered an nonresident alien? Also back in April my husband and I filed taxes jointly, was this a mistake, where we supposed to file separately because of my pending status? 

Thank you 

[beloved_dingo 1,976]

1 hour ago, Mirella PS said:

Hello everyone, 

My EAD got approved but my AOS is still pending

I got a job and I am trying to figure out if I am doing this correctly, because my AOS is pending am I considered an nonresident alien? Also back in April my husband and I filed taxes jointly, was this a mistake, where we supposed to file separately because of my pending status? 

Thank you 

You are a resident alien, not a nonresident alien. Though the wording doesn't really matter - your are authorized to work. 

 

Filing jointly was the correct choice. 

[Chancy 6,241]

1 hour ago, Mirella PS said:

I got a job and I am trying to figure out if I am doing this correctly, because my AOS is pending am I considered an nonresident alien?

 

For employment purposes, all that matters is that you have EAD.  You are an EAD holder, authorized to work.

 

1 hour ago, Mirella PS said:

my husband and I filed taxes jointly, was this a mistake, where we supposed to file separately because of my pending status?

 

Not a mistake.  Being married to a US citizen or LPR gives you the option of filing federal taxes MFJ, regardless of your immigration status.  As far as IRS is concerned, you are a US resident for tax purposes, no matter what your status actually is in USCIS records.  Reference: https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse