US & Canada declaration forms during AOS

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US & Canada declaration forms during AOS

Post by Snellster »

Good day,

I am a Canadian citizen, currently visiting my American wife in the US. I recently applied for adjustment of status while in US, and also just received letters from my Canadian bank (declaration of tax residence for individuals) as well from my US bank (Form W-8BEN). When I arrived to the US I had recently opened my US bank account as a Canadian citizen, and I also changed my mailing address of my Canadian account to the address where I was going to be for a few months while visiting my wife.

The Canadian bank wants me to complete and return the form within 45 days (which the AOS will not be completed by then). Should I simply declare that I am a tax resident of the US?

The US bank wants me to provide how many days I have spent in the US the last 2 previous years, and this year. Seeing as I am still in the US, and probably will be past the 183 days of this year, should I simply not fill the form and wait for the AOS to be completed before following up with them?
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Re: US & Canada declaration forms during AOS

Post by nelsona »

For the Cdn bank Simply state that you are a US resident. You are, regardless of when your AOS is complete, since you are living in US legally.

Remember not to leave until you get your EAD/AP.

For US bank, you should now file a W-9, as a US person for tax purposes. W8-BEN no longer applies to you.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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