I-864 US Citizen petitioner living & working abroad

[Greenberry 0]

Hi Guys & Gals, This is my story:

I’m a US Citizen born and raised in Lynn, Massachusetts. I graduated from the University of Massachusetts with a degree in Business Management in May of 2006. In the fall of 2006 I was offered a job in the Dominican Republic working with some relatives and happily accepted. Speaking very little Spanish and understanding very little about my Dominican roots, I was eager to accept the offer. I thought it would be a great way to learn about the Dominican culture, learn a second language, and at the same time gain some valuable international business experience. So in November of 2006 I packed up and moved to DR. My first job lasted about 2 years working with relatives in construction. It was quite an adjustment doing business in a foreign language and different culture. However, today I am grateful for those challenges. Then in July 2009, I teamed up with a partner and we opened up our own business importing and distributing auto parts. In August of 2009 I began dating the woman who is now my wife. We were married in mid-2013 after dating for 3 years, then living together for another 2 years. We do not have any children yet but that is most definitely in our future plans. Unfortunately things have not worked out as planned with our business adventure and I have decided to move back to my home state. On December 5^th 2013 I filed the I-130 CR-1 for my wife. Now October 2^nd we are still waiting for our NOA2. (This delay is being addressed)

My original plan was to wait until my wife’s paperwork was ready and move back together. However I was not expecting the first part of the process to be as lengthy as it has. I was expecting the 5 months normal processing time for part 1 of the process. We have been experiencing some financial problems here since December of 2013 and are not sure how much longer we can continue on this path.

My concern is that I understand the I-864 or "Affidavit of Support" form requests the sponsor to reside in the US, submit IRS records, and other kinds of evidence of sufficient income. My issue is that since I have not been residing or working in the USA since 2006 I have not filed income tax returns. My mother has agreed to be a joint sponsor in my wife’s case. Since she earns 30k+ per year with no dependents I believe she qualifies as a valid co-sponsor.

How should the I-864 form be filled out in regards to filed income taxes?

Do I need to move back to the USA first to establish residence again?

Do I need to file past income taxes?

My question is: How can I deal with this I-864 form in my specific case?

Since this will be the next step in our process I would like to take appropriate action.

If you have any suggestions please do help us! THANKS!

[AnnaMaria 68]

Regardless if you lived overseas, as a U.S. Citizen, you are required to file and report your foreign income. There is nothing you can do to avoid that step. Therefore even if you use a Joint Sponsor, you need to have shown that you have filed yourself as well.

I have lived in Romania with my wife since 2013, they had no issues with our visa and it was Issued today. The only thing is, you might need a joint sponsor who is making income in the states unless you can prove that you'll keep receiving your current income if you were to re-establish domicile back in the states.

Yes, you need to file past income taxes, I believe you are exempt for up to $90,000 if you've been living abroad, but you might ask for some clarification on that.

[butterflies0124 8]

I would consult with an immigration attorney and one who has expertise with Americans living abroad. As mentioned before me, you might have supposed to have been filing taxes all these years. I do think you will be fine with a joint-sponsor.

On another note, I know this may be of little help now, but I believe you would have qualified to file your petition directly in DR having been a resident there for so long. See if there is any way that you can have your petition routed to the local USCIS office due to the extreme delay in your case. Here is information on Direct Consular Filing: http://www.uscis.gov/about-us/find-uscis-office/international-offices/dominican-republic-santo-domingo-field-office.

Form I-130

U.S. citizens who legally reside in Santo Domingo may file Form I-130 (Petition for Alien Relative) during our walk- in hours. If an appointment is necessary, please call us at +1 (809) 567-7775 or email us at domrepublic.uscis@uscis.dhs.gov.

Have you reached out to a Congressman's office here in MA? I've contacted Congressman Lynch's office and they have been great!