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

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?

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Attorney answers 4

Best Answer

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 educational only and should not be construed as legal advice. Answers on AVVO do not constitute legal advice and do not form an attorney-client relationship. Always consult an attorney for a legal advice.


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

Good luck

Elkhalil Law Firm, LLC
Hassan Elkhalil
(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.


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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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 reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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