Hi,

I am a German citizen in the US since 2001. Since 2007, I am on an E1 visa and I am employed in the US since Oct 2006, before that I was an F1 student. For 2006 I have filed taxes as a resident, and I am planning on filing a green card application in 2008.

Now I would like to open a Roth IRA for 2007 before the April 15 deadline. Should I state in the application that I am a resident or non-resident?

If I state non-resident, Vanguard wants me to include a W8 form? Which one should I include? I think W-8ECI should be the correct one, since my income is connected with trade or business in the US, and should not be tax exempt (however, there should not be taxed withheld anyway, since it is a Roth).

Any help is appreciated? Should I file resident or non-resident? What W-8 form to use?

This is probably too late to do any good, but you are a resident alien.