W-8BEN form for non-US resident with pending adjustment of status through marriage - tax implications?

If I'm in the middle of adjustment of status but haven't received my work permit yet, would it be better to just wait until my EAD comes through before accepting any work? Or are there specific ways to handle income during this in-between period?

From a purely legal standpoint, waiting for your EAD is the safest approach. Working without authorization technically violates immigration law, even though it's forgiven for spouses of US citizens when they adjust status. For handling income during this period, you have a few options. If you have legitimate business interests outside the US that predated your marriage, you can generally continue those activities. If you're physically outside the US when performing the work, that's different than unauthorized employment within the US. But the situation gets complicated quickly, especially with tax reporting requirements.

Did they give specific advice about how this impacts adjustment of status? My main concern is not messing up my green card application.

How does this work exactly? I'm in a similar situation with a UK company wanting me to do remote work while I'm waiting for my EAD. I'm worried about signing forms that might contradict my intent to become a permanent resident.

Yes, they specifically addressed how tax documentation impacts adjustment of status. They explained that tax filings are often reviewed during immigration processes, and provided guidance on how to maintain consistency between my immigration intent and tax status. They made it clear what forms could potentially raise red flags with USCIS officers. For your situation with the UK company, they'd analyze the timing of your physical presence, your current immigration status, and the specific wording on tax forms to identify contradictions. They're good at spotting when a tax document might imply nonimmigrant intent that conflicts with your pending adjustment application. They provide specific recommendations for your exact situation rather than generic advice.

How does this service actually work? I've been trying to reach USCIS for weeks about my EAD but keep getting the automated system. Do they just keep calling until they get through?

Sounds like a scam. USCIS is notoriously impossible to reach by phone. I highly doubt any service can magically get through when thousands of people can't.

The service uses a combination of technology and persistence to navigate through the USCIS phone system. They essentially keep dialing in, navigating the phone tree, and waiting on hold so you don't have to. When they finally connect with an agent, you get a call to join the conversation that's already in progress. I was skeptical too at first. But what they're doing isn't magic - just automated persistence. Think of it like having someone wait in a physical line for you. I understand the skepticism - I felt the same way before trying it. But when I was desperate to get information about my case that was only available by phone, it worked exactly as advertised. They don't guarantee they'll resolve your issue - just that they'll get you connected to speak with an actual agent.

Do you think it would have been better to use a W-9 instead? I'm trying to figure out which form is appropriate during this in-between stage.

In our case, yes, a W-9 would have been more appropriate. The determining factor isn't just your immigration status but your tax residency status. If you're married to a US citizen and physically present in the US (meeting the substantial presence test), you're generally considered a tax resident. We should have been using a W-9 even before the green card was approved. The W-8BEN specifically certifies you're NOT a US person for tax purposes, which contradicted our tax filing status when we filed jointly. The lesson we learned is that immigration status and tax residency status are related but separate issues.

Where you receive payment doesn't change your tax obligations. What matters is your tax residency status and where you perform the work. If you're physically in the US when doing the work, that's US-sourced income regardless of where it's paid. Also, be aware of FBAR requirements if your foreign accounts total over $10,000 at any point during the year. That's separate from income tax but just as important for compliance.

Thanks for clarifying - that's what I was afraid of. I guess there's no easy way around this then. I'll need to be upfront with the company about my actual status and suggest the appropriate withholding.

This is really helpful advice! I'm actually in a very similar situation - married to a US citizen, adjustment of status pending, and being offered freelance work. The point about tax residency vs immigration status operating on different timelines really clarifies things for me. I hadn't considered that I might already be a tax resident even before getting my green card. Would you recommend consulting with a CPA who specializes in international tax issues, or is there a specific type of professional who handles both immigration and tax matters together?

For your situation, I'd recommend finding a CPA who specifically handles international taxation and has experience with immigration-related tax issues. Look for someone who understands both the substantial presence test and how it intersects with adjustment of status cases. Some larger immigration law firms also have tax professionals on staff or work closely with CPAs who specialize in these cross-over situations. The ideal professional would be someone who regularly deals with clients transitioning from non-resident to resident status and understands the timing complexities. You might also want to ask about doing a "protective" tax calculation - essentially running the numbers both ways (as resident and non-resident) to see which status applies to your situation and what the implications would be for each approach. This can help you make an informed decision about which forms to use with your freelance client. The key is finding someone who won't just look at one side of the equation but can help you navigate both the tax compliance and immigration aspects together.