No—do not wait for your green card: notify the broker now, because your move to the U.S. is already a reportable change and tax residency can begin before adjustment is approved.

Change in circumstances; Definitions—Nonresident alien individual

If a change in circumstances makes any information on the Form W-8BEN you have submitted incorrect, you must notify the withholding agent, payer, or FFI with which you hold an account within 30 days of the change in circumstances and you must file a new Form W-8BEN or other appropriate form. If you use Form W-8BEN to certify that you are a foreign person, a change of address to an address in the United States is a change in circumstances. Even though a nonresident alien individual married to a U.S. citizen or resident alien may choose to be treated as a resident alien for certain purposes (for example, filing a joint income tax return), such individual is still treated as a nonresident alien for chapter 3 withholding tax purposes on all income except wages.

Substantial presence test; Days of presence in the United States

To meet this test, you must be physically present in the United States (U.S.) on at least: 31 days during the current year, and 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting: All the days you were present in the current year, and 1/3 of the days you were present in the first year before the current year, and 1/6 of the days you were present in the second year before the current year. You are treated as present in the U.S. on any day you are physically present in the country, at any time during the day.

Residency starting date under the substantial presence test

If you meet the substantial presence test for a calendar year, your residency starting date is generally the first day you are present in the United States during that calendar year.

Purpose of Form; Part I

Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you are a resident alien and you do not have, and are not eligible to get, an SSN, your TIN is your IRS ITIN.

Supporting Documentation Requirements; How To Apply

Don’t complete Form W-7 if you have an SSN or if you’re eligible to get an SSN. Your original tax return(s) for which the ITIN is needed. Attach Form W-7 to the front of your tax return. If you submit an original valid passport or a certified copy from the issuing agency, you don’t need to submit any other documents from the table.

Taxation of U.S. residents

If you are a U.S. resident, you must report all interest, dividends, wages, or other compensation for services, income from rental property or royalties, and other types of income on your U.S. tax return. You must report these amounts whether they are earned within or outside the United States. This means that their worldwide income is subject to U.S. tax and must be reported on their U.S. tax return.

Dividend income; Reporting capital gains and losses

Even if you do not receive a Form 1099-DIV, you must still report all your taxable dividend income. If you use your dividends to buy more stock at a price equal to its fair market value, you must still report the dividends as income. Use the Form 1099-B that you received from your broker to complete Form 8949, Sales and Other Dispositions of Capital Assets.

Resident and nonresident aliens; When To File; Interest

Also use Form 1040-X if you should have filed Form 1040 instead of Form 1040-NR, or vice versa. File a separate Form 1040-X for each tax year you are amending. File Form 1040-X only after you have filed your original return. The IRS will charge you interest on taxes not paid by their due date, even if you had an extension of time to file.

Which form to file

Nonresident aliens who are required to file an income tax return must use Form 1040-NR, U.S. Nonresident Alien Income Tax Return.

Reporting threshold; Types of assets; When due; Where to file

This is a cumulative balance, meaning if you have 2 accounts with a combined account balance greater than $10,000 at any one time, both accounts would have to be reported. Unlike Form 8938, the FBAR (FinCEN Form 114) is not filed with the IRS.

Reporting thresholds; Assets Not Required To Be Reported

If you are married and you and your spouse file a joint income tax return, you satisfy the reporting threshold only if the total value of your specified foreign financial assets is more than $100,000 on the last day of the tax year or more than $150,000 at any time during the tax year. If you do not have to file an income tax return for the tax year, you do not have to file Form 8938, even if the value of your specified foreign financial assets is more than the appropriate reporting threshold. The following financial accounts and the assets held in such accounts are not specified foreign financial assets and do not have to be reported on Form 8938.

Part 9, Item Number 59

For Part 9., Item Number 59., please select the appropriate box for the total value of your household assets. Examples of assets include, but are not limited to, bank deposits, annuities, stocks, bonds, mutual funds, exchange traded funds, certificates of deposit, retirement accounts, educational accounts, and real estate.

Part 7, Use of Assets To Supplement Income

Only complete Part 7. if you need to use the value of assets to meet the income requirements. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value. The intending immigrant must provide evidence of such assets with this affidavit.

Conditions that prevent you from claiming a closer connection

You cannot claim you have a closer connection to a foreign country if either of the following applies: You personally applied, or took other steps during the year, to change your status to that of a Lawful Permanent Resident, or You had an application pending for adjustment of status to Lawful Permanent Resident during the year.

Introduction; footnote 4

The INA 245(c)(2) and INA 245(c)(8) bars to adjustment do not apply to: Immediate relatives; Immediate relatives of a U.S. citizen include the U.S. citizen’s spouse, children (unmarried and under 21 years of age), and parents (if the U.S. citizen is 21 years of age or older).

Willful Misrepresentation

The alien procured, or sought to procure, a benefit under U.S. immigration laws; The alien made a false representation; The false representation was willfully made; The false representation was material; The false representation was made to a U.S. government official, generally an immigration or consular officer.

Taxpayers must certify that conduct was not willful

Taxpayers using either the Streamlined Foreign Offshore Procedures or the Streamlined Domestic Offshore Procedures, will be required to certify, in accordance with the specific instructions set forth below, that the failure to report all income, pay all tax and submit all required information returns, including FBARs (FinCEN Form 114, previously Form TD F 90-22,1) was due to non-willful conduct. Non-willful conduct is conduct that is due to negligence, inadvertence, or mistake or conduct that is the result of a good faith misunderstanding of the requirements of the law

Delinquent FBAR submission procedures

The IRS will not impose a penalty for the failure to file the delinquent FBARs if you properly reported on your U.S. tax returns, and paid all tax on, the income from the foreign financial accounts reported on the delinquent FBARs, and you have not previously been contacted regarding an income tax examination or a request for delinquent returns for the years for which the delinquent FBARs are submitted.