Will 401k balance cause a rejection for an IRS tax offer in compromise?

Agree with Ms. Willi on this point, if the 401(k) cannot be accessed by distribution (or loan) then the IRS may forego considering it an asset as you may not be able to use those funds by the CSED date. However, they will also consider any pre-tax contributions you make voluntarily to the 401(k) to be disallowed as an allowable expense. Fully support talking to a highly experienced tax attorney on the issue.

I have unfiled taxes returns, how quickly can I get them filed?

Don't simply file all delinquent returns without consulting with a tax professional who can help you determine how many years may be appropriate and advise of programs may reduce the filing burden.

How do I file tax jointly after getting married?

As your spouse is a US Citizen living abroad, I think it would make sense for you to have a joint consultation with her and a tax attorney to ensure that she has met all of her disclosure requirements over the past several years. During that meeting you can also discuss the pros and cons of Married Filing Joint tax status vs. Married Filing Separate.

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The answers provided are not legal advice and are just a cursory view of some of the potential issues.

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