DCF Advice on I-864 Filing as a U.S. Citizen Living Abroad with Unfiled U.S. Taxes (Merged Threads)

[Elavod 16]

Hello community. My wife and I got married yesterday (Utah online wedding). I am now preparing an email to send to the US Consulate in Frankfurt to hopefully start the DCF process (due to a job offer I got in the US, we need to relocate there within months).

 

I thought I'd share here what I intend to send them before doing so. Please let me know your opinions. Do you find this suitable? 
 

Subject: U88 - I-130 EXCEPTIONAL CIRCUMSTANCES - [MY FULL NAME]

 

Petitioner Last Name: MY LAST NAME

Petitioner First Names: MY FIRST NAME

Beneficiary Last Name: HER LAST NAME

Beneficiary First Names: HER FIRST NAME

Nationality of Beneficiary: Mongolia

Relationship between petitioner and beneficiary: Spouse

Please describe the circumstances of your case:

 

Dear Sir or Madam,

 

I hope this email finds you well. I am seeking your guidance regarding the filing of an I-130 petition under exceptional circumstances.

 

I have recently accepted a position as an Associate Professor at the University of XXX, with a start date of February 3rd, 2025. This opportunity arose unexpectedly, and due to the significance of the role, I wish to relocate to the United States with my wife.

 

Given the relatively short timeframe, I am concerned that the standard USCIS processing times for the I-130 petition may result in us being separated for a considerable period. This separation would present significant personal and professional challenges for both of us, particularly as my wife is also planning to apply for a PhD program at the University of XXX.

 

I have attached a copy of my job offer letter and am prepared to provide any additional documentation or information you may require.

 

Could you please advise if our situation qualifies for filing the I-130 petition directly at the consulate under exceptional circumstances?

 

Thank you very much for your time and consideration. I look forward to your guidance and am available for any follow-up discussion.

 

Sincerely,
Dr. MY FIRST NAME Miguel Dovale

Edited September 2 by Crazy Cat

[Boiler 44,987]

Have you accepted the job?

[Elavod 16]

23 minutes ago, Boiler said:

Have you accepted the job?

 

Yup! I accepted the job.

[pushbrk 12,642]

I would not ask for advice in the letter. I would directly request them to accept the case for Direct Consular Processing.  It's a request, not a demand, but you are seeking action, not advice.

[Crazy Cat 41,355]

42 minutes ago, pushbrk said:

I would not ask for advice in the letter. I would directly request them to accept the case for Direct Consular Processing.  It's a request, not a demand, but you are seeking action, not advice.

Yes.  I second that. 

[Elavod 16]

10 hours ago, pushbrk said:

I would not ask for advice in the letter. I would directly request them to accept the case for Direct Consular Processing.  It's a request, not a demand, but you are seeking action, not advice.

 

10 hours ago, Crazy Cat said:

Yes.  I second that. 

 

 Thanks a lot!! Following your advice, I've rephrased part of the email:

 

I hope this email finds you well. I am requesting your assistance in filing an I-130 petition under exceptional circumstances.

[...]

Could you please confirm if our situation qualifies for filing the I-130 petition directly at the consulate under exceptional circumstances, and if so, what the next steps would be?

[...]

Thank you very much for your assistance. I look forward to your response and am available for any follow-up discussion.

 

I will send it tonight if I don't have other feedback 🙂

[Elavod 16]

Hello everyone,

 

I’m a U.S. citizen who has been living abroad in Germany for the past six years. I’m in the process of sponsoring my spouse for a U.S. Green Card, and when/if the I-130 is approved, I will need to file Form I-864 (Affidavit of Support). We are doing this via the Direct Consular Filing (DCF) route due to a job I am taking in Arizona. However, my situation is a bit complicated, and I could really use some advice from anyone who has been in a similar position.

 

Here’s my situation:

 

1. Living Overseas: I’ve been living in Germany for the past 6 years and have earned a steady income during this time. My income is solid and consistent, but it’s all been earned outside the U.S.

2. No U.S. Tax Returns Filed: During my time abroad, I haven’t filed U.S. tax returns. I wasn’t aware of the need to file U.S. taxes while living overseas, and now I realize this could be a problem when submitting the I-864.

3. No U.S. Properties or Assets: I don’t own any property or significant assets in the U.S. My financial situation is stable, but it’s entirely based on my foreign income.

4. Streamlined Foreign Offshore Procedures: I’ve recently learned about the Streamlined Foreign Offshore Procedures as a way to catch up on my unfiled U.S. tax returns without facing penalties. I’m considering using this procedure, but I’m unsure how it might impact my I-864 filing and overall immigration case.

 

My Questions:

 

• Has anyone been in a similar situation where they needed to file Form I-864 after living abroad for an extended period without filing U.S. taxes?

• How did you handle the income documentation for the I-864? Were there any issues with using foreign income to meet the requirements?

• Did anyone here go through the Streamlined Foreign Offshore Procedures before submitting their I-864? If so, how did that process go, and did it cause any delays or complications in your immigration case?

 

I’m trying to navigate this process as smoothly as possible, so any advice or shared experiences would be greatly appreciated!

 

Thank you in advance for your help.

 

 

[Elavod 16]

Please check out my new post: New Post

[pushbrk 12,642]

1 hour ago, elavod said:

 

 

 Thanks a lot!! Following your advice, I've rephrased part of the email:

 

I hope this email finds you well. I am requesting to file an I-130 petition for my spouse under exceptional circumstances.

[...]

Please authorize me to file the I-130 petition directly at the consulate under exceptional circumstances

[...]

Thank you very much for your assistance. I look forward to your response and am available for any follow-up discussion.

 

I will send it tonight if I don't have other feedback 🙂

Please see my edits.  Be more direct.  You are not looking for assistance or advice.  If they allow you to file, they'll provide the next steps without you asking.

[pushbrk 12,642]

16 minutes ago, elavod said:

Hello everyone,

 

I’m a U.S. citizen who has been living abroad in Germany for the past six years. I’m in the process of sponsoring my spouse for a U.S. Green Card, and when/if the I-130 is approved, I will need to file Form I-864 (Affidavit of Support). We are doing this via the Direct Consular Filing (DCF) route due to a job I am taking in Arizona. However, my situation is a bit complicated, and I could really use some advice from anyone who has been in a similar position.

 

Here’s my situation:

 

1. Living Overseas: I’ve been living in Germany for the past 6 years and have earned a steady income during this time. My income is solid and consistent, but it’s all been earned outside the U.S.

2. No U.S. Tax Returns Filed: During my time abroad, I haven’t filed U.S. tax returns. I wasn’t aware of the need to file U.S. taxes while living overseas, and now I realize this could be a problem when submitting the I-864.

3. No U.S. Properties or Assets: I don’t own any property or significant assets in the U.S. My financial situation is stable, but it’s entirely based on my foreign income.

4. Streamlined Foreign Offshore Procedures: I’ve recently learned about the Streamlined Foreign Offshore Procedures as a way to catch up on my unfiled U.S. tax returns without facing penalties. I’m considering using this procedure, but I’m unsure how it might impact my I-864 filing and overall immigration case.

 

My Questions:

 

• Has anyone been in a similar situation where they needed to file Form I-864 after living abroad for an extended period without filing U.S. taxes?

• How did you handle the income documentation for the I-864? Were there any issues with using foreign income to meet the requirements?

• Did anyone here go through the Streamlined Foreign Offshore Procedures before submitting their I-864? If so, how did that process go, and did it cause any delays or complications in your immigration case?

 

I’m trying to navigate this process as smoothly as possible, so any advice or shared experiences would be greatly appreciated!

 

Thank you in advance for your help.  Current income documentation is your offer letter and acceptance.

 

 

File at least three tax return right away.  It's unlikely you'll owe any taxes.

[Elavod 16]

7 minutes ago, pushbrk said:

Please see my edits.  Be more direct.  You are not looking for assistance or advice.  If they allow you to file, they'll provide the next steps without you asking.

I like your direct approach! Much appreciated 🙂 

[Boiler 44,987]

Is this a new job or are you moving with your existing work?

[Elavod 16]

Just now, Boiler said:

Is this a new job or are you moving with your existing work?

 

This is a new job. I'm leaving my current job in Germany for this new job in Arizona.

[Boiler 44,987]

A Joint Sponsor is the way to go.

[Crazy Cat 41,355]

4 hours ago, elavod said:

Has anyone been in a similar situation where they needed to file Form I-864 after living abroad for an extended period without filing U.S. taxes?

• How did you handle the income documentation for the I-864? Were there any issues with using foreign income to meet the requirements?

1.  Without filing the 3 most recent tax year returns (if income was over the threshold), you will not qualify as a petitioner. 

2.  Foreign income, if not continuing after re-location to the US, is not qualifying income. 

 

Edited September 2 by Crazy Cat