Amending Tax Return and Green Card Application

Houston Tax Attorney


Question on amending tax return during green card application process: How do we amend from single to married if I don’t have a social security number?do I fill out a form for a tax Id number and then my wife amends through the 1040x and then we submit it to the IRS while at the same time submitting my files for my green card I have to wait for the IRS to amend the tax returns before I can file for a green card?

You should amend the return by filing a 1040X and apply for an ITIN, preferably using a certified acceptance agent. Note, that it can take a while for it to be processed. Normal processing is 2-3 months. Adding an ITIN application will likely prolong the process.

I highly recommend that you consult an immigration attorney about the timing, and whether it would be advisable to submit both the amended return and green card application at the same time. There could be potential complications as to whether you meet the “good moral character” requirement, due to falsifying your filing status on your tax return. You might be asked to provide proof that the 1040X has been filed and processed.

Law Office of Kunal Patel, LLC

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