Moving home from abroad and applying for K-1

[captal 2]

Background: I have been living abroad (Australia and Japan) for the last 4 years- my fiance and I just spent the last 11 months in Australia and she has just returned home to Japan. I'm trying to decide between heading back to Japan or heading back to the US, and the largest deciding factor is visas.

If I go to Japan, we can get married there and after six months I could apply using DCF if we decide to head back to the US. If I go back to the US I would apply using a K1 visa. The problem that arises is proving income. All of my income has been from sources abroad from 2008-2010. When I did my taxes for 2008 I applied for a foreign income exclusion, which basically means I don't pay taxes on my income up to $90k USD (which I definitely stayed under). I didn't even bother to file taxes in 2009 since I didn't have any income and the foreign income exclusion stays in effect until you apply to have it rescinded. I just read on the US Embassy site that they require proof of your last 3 tax returns, so it looks like I need to file my 2009 return even though I don't owe anything.

If I move back to the US and get a good job (I'm looking for IT work, and would expect to be well above the income limits), can I use that as proof of income or would I run into problems since I haven't made any money in the US since 2007? The same question applies for if I go to Japan, get married, wait six months and apply using DCF- would they approve her visa given I'd be starting a new job in the US?

In either case, I can likely find a sponsor if I need to- would that solve the problem? I'm just worried about having to work for a whole year in the states before applying- if that's the case I'll definitely go to Japan.

[captal 2]

Any help?

[Penguin_ie 5,993]

The promise of a job won't count (say, for DCF), but if you return to the USA now, you'll have several months to find a job and get some paystubs together before filing the I-134. A few paystubs, together with a letter from the employer saying you are employed permanently and for the forseeable future at X salary is usually enough, though recently we have seen a few cases here on VJ where a full tax year was demanded.

A co-sponsor would be your best option, especially if easy to obtain.