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Tax Filing Status after Conditional Green Card

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.

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Attorney answers 4


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.


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 construed as legal advice. The answer does not create an attorney/client relationship.


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 on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.


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;; 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.