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)

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/

The W8-BEN form is only for foreign non residents to not pay taxes on unearned income. Since you are resident for tax purposes, you legally cannot file the W8-BEN form. Did you tell the bank employee that you were a US resident?

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

Go get your ssn then go to a different bank.

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

No, the correct form is SS-5.

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

IRS will not give him an ITIN.

It will if he does not qualify for a SSN. We don't know, but at the moment he may not qualify.

Regards, JEff

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

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.

I'm glad we've got that cleared up. Agreed! Regards, JEff

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.

That said.. I haven't earned that much interest in a bank account for decades...
:-)

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.