Tax Filing Status after Conditional Green Card

Asked about 1 year ago - Hillsboro, OR

Marriage based green card. I was authorized to work, my wife is USC. We lived together since 2010. Until we were married last August and submitted the AOS package last November, we were filing tax as single. Our interview is set for Monday Feb 4th. Hopefully I get approval for the 2 years conditional card. My questions, from now on until I get permanent card, do we have to file as : Married filing jointly or Married filing separately? Please advise.

Attorney answers (4)

  1. Elliot M.S. Yi

    Contributor Level 15

    3

    Lawyers agree

    Answered . You should file jointly in this situation. If you have additional questions regarding your immigration case it may be best to consult with an attorney. Good luck!

    The Law Office of Elliot M.S. Yi, 2075 SW First Avenue, Ste 2J, Portland, Oregon, 97201 www.emsylaw.com; elliot@... more
  2. Irene Vaisman

    Contributor Level 20

    3

    Lawyers agree

    Answered . marriage based case, it is advisable to file married filing jointly

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  3. Javier G Pineda

    Contributor Level 17

    2

    Lawyers agree

    Answered . In my opinion, that is a tax issue that needs to be discussed with your tax preparer. You are married and need to file as married. Whether you file a separate return or file it jointly is not an issue for immigration officers. Filing single or head of household, that would be an issue. Good luck.

    714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be... more
  4. Dean P Murray

    Contributor Level 18

    2

    Lawyers agree

    Answered . I agree with Attorney Vaisman.

    If you have additional questions, you can always contact an immigration lawyer, whether myself or one of my colleagues. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more

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