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Filing taxes with or without my spouse

Miami, FL |

I am a green card holder and my wife will get her green card soon , she already filed for it . I was wondering if we have to file for taxes together or do I have to exclude her ?

Attorney Answers 2

Posted

If you are married and living together you should file together. Why would you exclude her?

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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Posted

The law requires you to file jointly unless you have a good reason not to. Also, if your wife only has a conditional green card, not filing jointly now may create an issue relating to the bona fide nature of your marriage when the time comes for her to remove the condition.

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3 comments

Asker

Posted

She doesn't have a greencard yet at all

Obadan Unuigbojie Iziokhai

Obadan Unuigbojie Iziokhai

Posted

Did you petition your wife? If so, that is all the more reason you should file together because the officer at her interview will ask why you did not file jointly.

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

I disagree with this answer. The law does not require a married couple to file a joint return. It is perfectly acceptable to file separate returns with the IRS so long as one indicates on the return that they are married, but filing separate returns (by checking the appropriate box on IRS Form 1040 and completing the required information). In many instances tax liability can be decreased by filing separate returns. USCIS is more concerned with seeing that married couples held themselves out to the IRS as married then they are with whether the return was filed jointly or separately.

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