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Filed tax as a married without possessing a marriage certificate. Got married again in May to obtain a certificate.

New York, NY |

Me and my wife, an U.S. citizen, got married last November in my home country. At that time we couldn't get the marriage certificate because of limited time. When we got back I filed a tax as married filing jointly. We got married again in U.S to get a marriage license in May. Now I am planning on filing for Permanent Residency. Will my filing tax as "married" before obtaining a marriage certificate be a problem while applying for the Permanent Residency. I have various proofs like pictures, copy of wedding invitations, pictures of our wedding uploaded in facebook etc that shows that we got married in November. But I am worried that my application might get denied because I filed tax as married but I only have a certificate that says we got married on May. Please help..

Attorney Answers 4


  1. You may amend the filed tax return with a professional qualified CPA and present the amended return for the filing. Also, it is highly advisable to have your entire submission be reviewed by your counsel of record before mailing the AOS package.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  2. An amended tax return and an affidavit explaining the mistake should help alleviate any concerns USCIS may have regarding this issue.

    Husna Alikhan, Esq., www.alikhanlaw.com TEL: 702-374-6619. Nothing in this response to your posting on AVVO is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.


  3. You can amend your tax return. It is best to consult an attorney to assist you.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  4. If your marriage in your home country was valid under the laws of that country, you did nothing wrong and there is no cause for concern.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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