AOS and taxes for USC spouse

Hello. I am a US citizen and my wife is a Philipino citizen. We met in a third foreign country where I worked for the last 7 years, but I never filed US taxes while I was abroad. She is on a visitor visa now with me in America, but because she got pregnant while we were here, and a few other unforeseen circumstances, we want to change status and convert it to a green card. Her 6 month visitor visa expires at the end of December.

We could try to renew it now, or just let it expire and do the AOS next year.

I’m thinking of filing taxes now because I know I will need the tax records for the Affidavit of Support…my questions are:

  1. Should we extend the visitor visa now or just let it expire and do AOS?

  2. Regarding taxes, Should I get my wife an ITIN first and wait until next year to file 2021, 2020, and all previous years with the ITIN as married filing jointly? Or should I just file now without an ITIN as head of household (for 2020 and all previous years.?) If we do the AOS in 2022, would they require 2021 taxes? It could take a while to get that done because I would also have to get my tax return done in the foreign country first where I was working for the first half of 2021.

Thank you!

submitted by /u/freaxh648
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source https://www.reddit.com/r/immigration/comments/qw2v6l/aos_and_taxes_for_usc_spouse/

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