Residency status for Wisconsin State Tax

aga1793

Registered Users (C)
If you live in the state of wisconsin please read on...

1) My I-485 has been pending for adjustment of status for over 2 years, and I'm currently using my EAD.

2) I've been filing form 1040 for federal tax purposes.

3) Since my I-485 has been pending, and my entire income is from the state of wisconsin, can I file form 1a (wisconsin resident), or can I only file form 1npr (wisconsin non-resident)?

The wisconsin tax guidelines given at http://www.dor.state.wi.us/faqs/ise/which.html aren't very clear on this. If you file wisconsin state taxes, and have a pending I-485, please let me know which state tax form you've been filing?

Thanks,
Amit
 
NPR is better for wisconsin

Hi

I also have the same confusion. I checked with couple fo HR block guys and they do not have any clear answers. Then they contacted HR premium consultants. The premium consultants said unless otherwise you have gc in hand, you have to file NPR. If you have already filed 1040, you can amend within four years.

But the answer is not very clear. I have lots of my friends in WI doing regular 1040.
 
You are WI resident if you reside in WI and unless WI specifically requires you to have a GC issued by federal government (which I doubt it does). Tax deadline passed, BTW.
 
I've been living in the state of WI for the last 6 years. My entire income is also from the state of WI. However I've been filing state tax as a non-resident because of the following state tax filing guidelines in the insturctions sheet:

If you are a lawful permanent resident of the United States and you
intend to remain permanently in Wisconsin, you are considered a
Wisconsin resident. You are a lawful permanent resident of the
United States at any time if you have been given the privilege,
according to the immigration laws, of residing permanently in the
United States as an immigrant. You generally have this status if the
federal government has issued you an alien registration card, also
known as a “green card.”


It doesn't seem to mention anything about what the tax filing status would be if you have filed for an adjustment of status application. Any opinions?
 
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