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I just moved to the US in September. Because I receive salary in the US, have a US address and US driver's license and everything, Fidelity, where I have a company stock plan account, my bank, and my broker all made me file W-9 and certify as a US tax resident. However I will never meet the Substantial Presence Test this year.

Can I file as a tax resident for this year even I don't pass the Green Card Test or the Substantial Presence Test?

Or if I file as a non-resident, will it be a problem since I filed W-9's with these financial institutions claiming to be a resident?

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    You can likely choose to become resident (at least for the latter part of the year) by using the First-Year Choice. If you are married, you can then choose to become resident for the whole year if you file jointly. – user102008 Sep 27 at 18:48
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    For details see chapter 1 of publication 519 on the IRS website -- based on past performance, the 2019 version won't be available until Feb. 2020, but AFAIK it shouldn't have any significant changes. – dave_thompson_085 Sep 29 at 8:10
  • You have all rights to submit W8 to your broker. Your bank/broker may request documents to complete the curing process. But they should not force you to fill W9 if you have enough proof for non resident of US. – Abs Sep 30 at 20:31

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