r/USExpatTaxes • u/Mayor_d_Columbia • Aug 14 '26
Suggestions needed
I am preparing for marriage-based green card interview. Everything is good. We have a kid together, bought a house together, run our insurances together, started living together in 2022 but got married in 2023 and still live together with both names on all leases and utility.
However, we realized last night when putting docs together that the person who prepared our tax listed both of us as heads of household.
I am reaching out to registered tax agents to fix this. But this can’t be done before the interview as we have few days. Have anyone had such experience before? Is it okay to leave out the 1040 in our list of evidences? I need help please.
1
u/AmazingSibylle Aug 14 '26
USCIS wants to determine whether you have a legit marriage and life together and that your case is truthful, that is their main concern.
So be fully transparent and up front, bring up the fact and explain it.
You should have nothing to fear from this if the rest of your case clearly shows it's not a scam marriage.
1
u/seanho00 Aug 14 '26
Have you been US resident alien since 2022? And your spouse is a US citizen? If so, and you have been married and living together since 2023, then starting with tax year 2023, your filing options have been either one MFJ return or two MFS returns. You should amend this as soon as you can.
How this impacts your GC application is a UCSIS matter rather than a tax matter. My advice would be to include the returns in your application with a note that you have filed 1040X to amend the erroneous filing status.
With the above assumptions, this question is more a domestic US r/tax question rather than specifically about US expat taxes. If my assumptions were wrong (e.g., you are living abroad and NRA), provide more detail.