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!