Is his filing status "Single" on his 1040?

Then IRS would have an issue if he filed tax return with the wrong filing status. I thought Single has highest tax rate under the same income. I could be wrong though. He still can file married but filing seperately if you do not feel comfortable filing together.

I am not sure how much attention INS will pay when reviewing your removal application. There is chance that they would question it, but the chance may not be high. In general, you do not need an interview for removal the condition.

hope it helps. Hang in there. It will be fine in the end.

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