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.
marriage based case, it is advisable to file married filing jointly
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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.
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Real Estate Attorney
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
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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; firstname.lastname@example.org; 503-951-8209. This answer is intended for general informational purposes only and does not create an attorney-client relationship. The statement above does not constitute legal advice, as all the facts are not known.