What to do if I married about a month ago but my husband is a immigrant and I want to fix his legal status?

UPDATED: Sep 30, 2022

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What to do if I married about a month ago but my husband is a immigrant and I want to fix his legal status?

I understand in order to do this is we have to provide alot of information in relation to our relationship. One of my main concerns at the moment is the filing taxes since we married last month to we have to file joint taxes or can I still file my own taxes for this year? He didn’t file taxes for last year, so this upcoming tax season he will have to file for last years and this current year. He gets paid mainly cash and seldomly with a personal check. Mainly due to the fact that he is a construction worker. What is the best thing for me to do at this time? How can resolve that taxes situation first?

Asked on December 9, 2015 under Immigration Law, Texas


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First of all, did your husband enter the US lawfully or unlawfully?  When you married him, what was his immigration status in the US?  As for taxes, if you are married in 2015, once you have to submit the federal tax returns in April 2016 for 2015, you will need to file as married.  That is only one of the many necessary documents you will need to provide to USCIS at the time of the interview, if your husband is eligible for adjustment of status within the US, based on his status at the time of filing and his last entry to the US.

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