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

Asked 12 months ago - 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. Alexus Paul Sham

    Pro

    Contributor Level 20

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    Answered . 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... more
  2. Alexander M. Ivakhnenko

    Contributor Level 20

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    Answered . 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... more
  3. Husna F. Alikhan

    Contributor Level 14

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    Answered . 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... more
  4. Stephen D. Berman

    Contributor Level 20

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    Answered . 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... more

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