Will changing tax filing status from ‘married filing jointly’ to ‘married filing separately’ affect spouse's immigration chances

Asked over 2 years ago - Columbia, MD

I am a US citizen married to an Indian. 2 years ago, I filed my tax as 'married filing jointly'. I have since relocated to India. Will changing my tax filing status to ‘married filing separately’ (in order to reduce tax liability) adversely affect her chance of obtaining a greencard, should we choose to apply for it in future?

Attorney answers (4)

  1. Ana C L Zigel

    Contributor Level 3

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    Best Answer
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    Answered . It is important to consult this matter with an accountant and follow their advice regarding the tax issue; if you were advised to file separate to reduce tax liability, then I think it'd be good to follow the advice of your accountant. As long as you file married, whether joint or separate should not affect the immigration case especially when you are doing it to reduce tax liability as you suggest in your question.

    Contact Immigration Attorney Ana C. Zigel at 410/602.2155. The information and links contained in this reply are... more
  2. Hassan Hussein Elkhalil

    Contributor Level 15

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    Lawyer agrees

    Answered . If you are married, you should file jointly. Consult with Certified Public Accountant.

    Good luck

    Elkhalil Law Firm, LLC
    Hassan Elkhalil
    www.greencardusa.com
    (770) 612-3499


    Disclaimer: This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with an immigration lawyer.

  3. J Charles Ferrari

    Contributor Level 20

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    Lawyer agrees

    Answered . Theoretically, no. But in practice, it can have a negative effect.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Theodore John Murphy

    Pro

    Contributor Level 20

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    Lawyer agrees

    Answered . No but it may cause more questions when you do proceed with the green card.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more

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