Respondida el septiembre de 2026

If you are still a nonresident alien today, submit W-8BEN to your bank now, then submit W-9 within 30 days after you become a resident alien—do not wait until November to answer the bank.

“I moved to the US on a visa in July and will pass the Substantial Presence Test to become a US tax resident in November. I'm also in the adjustment of status process for a green card. My bank asked me to submit either a W-8BEN or a W-9. Should I file the W-8BEN now and update my bank with a W-9 once I pass the SPT, or should I wait until November and then file a W-9?”

Resumen

You do not need to leave the bank waiting: the IRS instructions expressly anticipate that someone may submit W-8BEN and later become a resident. The important tasks are to verify that your visa days count and to calendar the 30-day update deadline.

The correct form depends on whether you are a or when you give the certification to your bank.

Still nonresident todayW-8 now

Give the bank Form W-8BEN now. The instructions expressly require a nonresident account holder to provide W-8BEN and then require notice within 30 days after the person becomes a resident alien; at that point, replace it with W-9 [1][2].

Already resident todayW-9 now

If a correct three-year day count shows that you have already met the Substantial Presence Test—or you have already become a lawful permanent resident—give the bank W-9 now. W-9 is reserved for a U.S. person, including a resident alien [2][3].

Visa days prevent the testRecount days

If the visa-day exclusions mean that you will not actually meet the Substantial Presence Test in November, continue using W-8BEN while you remain a nonresident alien [1][3].

Wait without respondingDo not wait

Do not simply wait until November. If you are a nonresident alien now, the W-8BEN instructions say to give that form to the withholding agent or payer now and update it after your status changes [1].

Meeting the test in November can still produce a July residency starting date for your income-tax return; that separate look-back rule does not mean you should leave the bank’s current request unanswered [4].

Leer la explicación completa

Watch out for

Your residency date may roll backThe day you complete the is not necessarily your . If you meet the test in November, IRS guidance generally dates your residency back to your first U.S. day that calendar year—often your July arrival date in your facts [4].
Some visa days do not countDays as an F, J, M, or Q student—and some J or Q teacher or trainee days—may be excluded from the test when the visa requirements are met [3]. Recalculate before relying on November; if excluded days prevent you from meeting the test, remain on W-8BEN until another residency test applies.
Your pending I-485 blocks closer connectionA pending adjustment application is not the same as already holding a green card, but it makes you ineligible for the statutory to the Substantial Presence Test [5].
Do not invent a tax numberIf you need W-9 but lack a , its instructions say to apply for one and enter “Applied For.” For interest, dividends, and certain readily tradable instruments, you generally have 60 days to provide the number before backup withholding begins; different payments do not receive that 60-day period [2].

Próximos pasos

These steps document your current status now and update it promptly when your tax residency changes.

Before signing either form

Recalculate your Substantial Presence Test date

Using https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test, confirm at least 31 current-year days and a weighted total of 183: all current-year days, one-third of first-prior-year days, and one-sixth of second-prior-year days. Remove days that the IRS excludes, including qualifying F/J/M/Q student days and qualifying J/Q teacher or trainee days [3].

Requisitos

Every U.S. presence date in the current year
U.S. presence dates from the previous two calendar years
Your visa and status history
Your I-485 filing and approval dates, if any

If you have not yet become a resident alien

Give Form W-8BEN to the bank

Download Form W-8BEN at https://www.irs.gov/pub/irs-pdf/fw8ben.pdf, complete and sign it, and return it directly to the bank through the submission channel it provided. Do not send it to the IRS; no IRS filing or payment accompanies the certificate [1].

Requisitos

Completed Form W-8BEN
Signature and date
A calculation showing you remain nonresident today

After submitting W-8BEN

Track the actual residency trigger

Calendar the date on which your valid day count reaches the Substantial Presence Test threshold. If lawful-permanent-resident status begins first, use that earlier status change instead; a merely pending I-485 is not the same as already being a green-card holder [2][5].

Requisitos

Verified SPT crossing date
Any green-card approval notice received earlier

Within 30 days after becoming resident

Replace W-8BEN with Form W-9

Download Form W-9 at https://www.irs.gov/pub/irs-pdf/fw9.pdf and give the signed form to the bank—not the IRS. If the corrected calculation shows you are already a resident alien, skip the W-8BEN step and give the bank W-9 now [1][2].

Requisitos

Completed Form W-9
SSN or other valid TIN, or “Applied For” if you have applied but are waiting
Signature and date

Otras personas que pasaron por esto

You are not the first to go through this. Here is how it went for others who asked the same thing.

Fuentes legales

This answer comes from the IRS instructions for Forms W-8BEN, W-9, and 8840, plus the IRS substantial-presence and residency-start guidance.

Instructions for Form W-8BEN (10/2021)

A current nonresident gives W-8BEN to the payer and must promptly update the payer after becoming a resident.

Instructions for Form W-8BEN (10/2021)

Who Must Provide Form W-8BEN; Change in circumstances

You must give Form W-8BEN to the withholding agent or payer if you are a nonresident alien who is the beneficial owner of an amount subject to withholding, or if you are an account holder of an FFI documenting yourself as a nonresident alien. If you become a U.S. citizen or resident alien after you submit Form W-8BEN, you are no longer subject to the 30% withholding rate under section 1441 or the withholding tax on a foreign partner's share of effectively connected income under section 1446. You must notify the withholding agent, payer, or FFI within 30 days of becoming a U.S. citizen or resident alien. You may be required to provide a Form W-9.

Leer el texto completo

Form W-9 (Rev. March 2024)

W-9 is for U.S. persons, including resident aliens, and provides a procedure for someone still obtaining a TIN.

Form W-9 (Rev. March 2024)

Purpose of Form; How to get a TIN

Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and enter “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, you will generally have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester.

Leer el texto completo

IRS Substantial Presence Test

The IRS test uses current-year presence plus weighted days from the prior two years, with specified exclusions.

IRS Substantial Presence Test

Substantial Presence Test

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. 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.

Leer el texto completo

IRS Residency Starting and Ending Dates

Meeting the test later in the year generally makes residency begin on the first U.S.-presence day of that calendar year.

IRS Residency Starting and Ending Dates

Residency starting date under 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.

Leer el texto completo

2025 Form 8840

A pending adjustment or green-card application prevents use of the closer-connection exception.

2025 Form 8840

General Instructions

You are not eligible for the closer connection exception if any of the following apply. • You are a lawful permanent resident of the United States (that is, you are a green card holder). • You have applied for, or taken other affirmative steps to apply for, a green card; or have an application pending to change your status to that of a lawful permanent resident of the United States.

Leer el texto completo

These are the official rules as published on the cited dates; tax rules and forms can change.

This is general information about official processes, not legal advice; SettleKit is not a law firm.

Suscríbete al boletín de SettleKit

Investigamos las partes difíciles de establecerse en Estados Unidos y escribimos artículos que no vas a encontrar en otro lado. Suscríbete para recibir cada artículo nuevo por correo.

Un correo por cada artículo nuevo. Cancela cuando quieras.

Seguro esta no es tu única preguntaConoce SettleKit, la mejor fuente en internet para recién llegados a Estados Unidos.
Crea tu plan gratis