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I came here in F-1 visa, and got married to my G.F. who is a U.S. citizen. How should we file our returns now ?

Medford, MA |

I came here in F-1 visa, I got married to my G.F. who is a U.S. citizen on October 2, 2012. We already filed all the necessary documents to change my status in 2012. I have been mailed the receipt number and my case is still going through the initial review.

I just finished my undergraduate and just to be in the safe side I got my EAD (Post-Completion OPT) through my school which is due to expire in Feb 2014. We are trying to file our 2012 tax returns now. I am just wondering, can we still file the returns as individual (married file individual) or should we just do married file joint. What are the pros and cons of choosing either of these options? Any advice or suggestions would be greatly appreciated.

Thank you for taking time to read my question.

Attorney Answers 4

  1. Best answer

    I have edited the practice area of this question to Tax Law. This question is best suited for a Tax Attorney or a CPA.
    Under an Immigration Law prospective, submitting your tax returns as "married filing jointly" may be used to evidence some good faith in your marriage.

    Hope this helps and good luck.

    Law Office of Ilir Kavaja
    30 Newbury Street
    Boston, MA 02116

    (617) 515-5545

    The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

  2. This is a question for an accountant. You may file taxes with your social security number.

    This is not legal advice until I am retained and have reviewed all facts about your situation.

  3. Jointly.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

  4. For immigration purposes you should file married filing jointly so you have the documents to prove your bonafide marriage to USCIS. - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.

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