Tax Filing Status after Conditional Green Card

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.

Hillsboro, OR -

Attorney Answers (4)

Elliot M.S. Yi

Elliot M.S. Yi

Immigration Attorney - Lake Oswego, OR
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
Irene Vaisman

Irene Vaisman

Immigration Attorney - New York, NY
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.
Javier G Pineda

Javier G Pineda

Immigration Attorney - Santa Ana, CA
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
Dean P Murray

Dean P Murray

Immigration Attorney - Hoboken, NJ
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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