Legal Question in Immigration Law in District of Columbia
My husband is an illegal alien in this country and we married this past spring. I am starting a new job and I'm wondering how I should classify my witholding status for taxes ie. married filing separately, married filing jointly, single, etc..Obviously, he doesn't work but I am uncertain about what to mark. We are in the process of seeking counsel to change his status which won't be immediate especially because he has a special circumstance and might need a waiver. I don't want to file as single and discount our marriage in front of immigration officials, and I don't know if I file as married if I will have to list him and jeopardize his stay here. What should I do?
2 Answers from Attorneys
If you are married and intend to help your husband with obtaining a lawful status in USA, then it's in your interests to file as married filing jointly. This can be used as a proof of a valid bona fide marriage in the future.
If you require legal assistance or consultation, please email at Attorney [@] law-visa-usa.com
Web: www.law-visa-usa.com
You may file jointly as a married couple. If you plan to file for the I-601 waiver in conjunction with a K-3 visa, you may find detailed information here:
http://www.msclaw.com/i-601-unlawful-presence-waiver.html
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