Legal Question in Immigration Law in New York

I am a U.S Citizen who married a Turkish woman in June of 2013, she had a valid F-1 student visa at the time, I am almost ready to send in the I-130 relative petition with a I-485 for adjustment of status - my question is: should my accountant include her in my 2013 tax filing? Would filing a joint return help our cause in obtaining her a green card? Or does her student classification mean she should stay off for some reason?


Asked on 2/04/14, 3:00 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

You will need to submit your tax returns for the affidavit of support. I would assume that your wife would be included in your 2013 tax return, since you were married at that time.

Filing a joint tax return will not "help" her case, but you will be required to submit joint documentation & you will need to meet the poverty guidelines for the affidavit of support.

You need to check with your tax professional to see if the Tax Code requires a joint return to be filed for 2013.

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Answered on 2/05/14, 1:56 pm


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