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W-8BEN form question
In opening a new US bank account with Chase I have had a W8-BEN form to fill in which essencialy asks why I have a US address as a non us citizen.
I am here in the US under a K1 visa so I can marry my US citizen fiance (happy day was in december). So I'm currently waiting for the long proccess of an I-485 and I-797 authority to work. under the "I am a non-resident alien individual and not a US person, but I have provided a US address for the following reason." first 5 options dont apply so under 'Other' I wrote that I'm here on a K1 visa and have married a US citizen' This has come back from the IRS via the bank saying the explanation is not acceptable. The bank don't know what I should put and can't advise me any way. The IRS instructions appear like gobbledegook to me. I'm suspecting I need to explain further about the I-485, a copy if the uscis confirmation that it's in proccess. I'm just wondering if any one else has come across this. I didn't get this form to fill in when I opened an account with Wells (who have gone from free proccessing of UK cheques to $75 with a 4-10 weeks process time hence the new bank) |
Re: W-8BEN form question
Do you live in the US at the moment?
Very confusingly the IRS has a different definition of "Resident" than USCIS. If you live here (ie: spend more than a certain number of days in the country in a given year,) then you are a "US person" - a resident alien, regardless of your visa status. ....and liable for taxes on any bank interest (for example.) I'm guessing you should be filling out a W9 rather than a W8-BEN Here is a good explanation: http://gswlaw.com/irsblog/2008/06/16...-of-us-person/ |
Re: W-8BEN form question
Originally Posted by Ezzer
(Post 9976177)
In opening a new US bank account with Chase I have had a W8-BEN form to fill in which essencialy asks why I have a US address as a non us citizen.
I am here in the US under a K1 visa so I can marry my US citizen fiance (happy day was in december). So I'm currently waiting for the long proccess of an I-485 and I-797 authority to work. under the "I am a non-resident alien individual and not a US person, but I have provided a US address for the following reason." first 5 options dont apply so under 'Other' I wrote that I'm here on a K1 visa and have married a US citizen' This has come back from the IRS via the bank saying the explanation is not acceptable. The bank don't know what I should put and can't advise me any way. The IRS instructions appear like gobbledegook to me. I'm suspecting I need to explain further about the I-485, a copy if the uscis confirmation that it's in proccess. I'm just wondering if any one else has come across this. I didn't get this form to fill in when I opened an account with Wells (who have gone from free proccessing of UK cheques to $75 with a 4-10 weeks process time hence the new bank) |
Re: W-8BEN form question
So, you already experience the problem with the institutions that are too big to give a sh|t about their customers and cannot deal with any situation that is out of the ordinary.
Open your account with a different bank, preferably a credit union rather than a bank. Regards, JEff
Originally Posted by Ezzer
(Post 9976177)
In opening a new US bank account with Chase I have had a W8-BEN form to fill in which essencialy asks why I have a US address as a non us citizen.
... The bank don't know what I should put and can't advise me any way. |
Re: W-8BEN form question
Go get your ssn then go to a different bank.
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Re: W-8BEN form question
Originally Posted by Ezzer
(Post 9976177)
I have had a W8-BEN form to fill in which essencialy asks why I have a US address as a non us citizen.
Ian |
Re: W-8BEN form question
Originally Posted by ian-mstm
(Post 9976809)
That's the wrong form for you! You should have been given a W9. The bank personnel are idiots, and you should put your money elsewhere. Ask to speak to the manager... and then tell him why his people are idiots.
Ian |
Re: W-8BEN form question
Depends on how long he's been here and when he got married.
If he got married in 2011, and is now past 75 days in the US (which he would be if he got married in 2011), and has not yet adjusted status, then it's W-9 at the moment. Otherwise, it is or will be SS-5. Regards, JEff
Originally Posted by sir_eccles
(Post 9977057)
No, the correct form is SS-5.
Originally Posted by ian-mstm
(Post 9976809)
That's the wrong form for you! You should have been given a W9.
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Re: W-8BEN form question
Originally Posted by jeffreyhy
(Post 9977102)
Depends on how long he's been here and when he got married.
If he got married in 2011, and is now past 75 days in the US (which he would be if he got married in 2011), and has not yet adjusted status, then it's W-9 at the moment. Otherwise, it is or will be SS-5. Regards, JEff |
Re: W-8BEN form question
It will if he does not qualify for a SSN. We don't know, but at the moment he may not qualify.
Regards, JEff
Originally Posted by sir_eccles
(Post 9977158)
IRS will not give him an ITIN.
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Re: W-8BEN form question
I've got the ssn no probs before the marriage. For that just went to the local office in the next town and that came through quickly.
I've got a copy of a W9 and looking through the small print it appears to be the correct form so I've filled that on in (not much to it). But I think I'll add a note just to make things clear; in case. I think the problem occured as mentioned before on another reply. There is a difference in the definition of non resident with the USCIS to that of the IRS. Thanks for replying |
Re: W-8BEN form question
Originally Posted by Ezzer
(Post 9977439)
I've got the ssn no probs before the marriage. For that just went to the local office in the next town and that came through quickly.
I've got a copy of a W9 and looking through the small print it appears to be the correct form so I've filled that on in (not much to it). But I think I'll add a note just to make things clear; in case. Thanks for replying |
Re: W-8BEN form question
I'm glad we've got that cleared up.
Originally Posted by Ezzer
(Post 9977439)
I've got the ssn no probs before the marriage.
Originally Posted by sir_eccles
(Post 9977448)
If you already have a SSN then you definitely don't need to fill in form W9 you just need to go to a different bank.
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Re: W-8BEN form question
If there is the possibility of earning more than $10 of interest in the calendar year, you will need to fill out a W9. The bank will send you a 1099 in January for your tax return.
Originally Posted by sir_eccles
(Post 9977448)
If you already have a SSN then you definitely don't need to fill in form W9 you just need to go to a different bank.
:-) |
Re: W-8BEN form question
How odd! I opened an account at Wells Fargo 8 months before moving here on a K1. I simply told them that I would be moving here after I had received my visa and that I needed a US bank account in order to transfer my money over. I had no problem at all and all they wanted was ID and a US address.
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