Immigration Issues/Filing Taxes


I am a US citizen and my wife is not, we have filed to adjust her status and she got a working permit and a ss#.  She got a job last year and she paid taxes and now it is tax filing season do we have to file jointly?  If we don't have to file jointly, would filing separately affect her green card application?

Hi Rupert,

Filing tax return separately can raise a red flag with USCIS, especially if you don't have other strong evidence of bona fide marriage.

You should always attach a letter of explanation for why the tax return was filed separately.  A good reason could be that you have severe tax liability that you do not wish to pass onto your spouse, or other reasons beyond your control.

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Jack Sung


Can answer: Immigration and visa issues Can't answer: Everything else


Been a practicing immigration attorney for 4 years.

Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Southwestern International Law Journal

J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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