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

[Crazy Cat 41,355]

***Similar threads merged.  Please keep your questions in this thread***

[Elavod 16]

41 minutes ago, Crazy Cat said:

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. 

 

Thanks for your message!
1. I am working on those filings... Could you elaborate on what you mention about the "income threshold"?
2. In the I-864, under "Part 6. Sponsor's Employment and Income. I am currently...", should I enter the information of my future job/employer? My new job in US starts on February 3rd. At this point, I have an offer letter stating the position, salary, and start date.

Edited September 2 by elavod

[Boiler 44,987]

As mentioned you will need a Joint Sponsor, you can not use a future job.

[Elavod 16]

3 minutes ago, Boiler said:

As mentioned you will need a Joint Sponsor, you can not use a future job.

Thanks for your message. I see... I will look into getting a Joint Sponsor.

Do you recommend I still file tax returns for the last three years, since I am still the primary sponsor?

[Crazy Cat 41,355]

28 minutes ago, elavod said:

Do you recommend I still file tax returns for the last three years, since I am still the primary sponsor?

It is a requirement.  Otherwise, you do not qualify as the primary sponsor.

Edited September 2 by Crazy Cat

[pushbrk 12,647]

7 hours ago, Boiler said:

As mentioned you will need a Joint Sponsor, you can not use a future job.

That's correct.  The new job works only on a transfer with the same employer.  This can also end up being the reason the DCF request is denied, but worth a try.

[Elavod 16]

1 hour ago, pushbrk said:

That's correct.  The new job works only on a transfer with the same employer.  This can also end up being the reason the DCF request is denied, but worth a try.

This is very disconcerting... why would this be a reason for denial?

This is the website linked from Frankfurt Consulate's "exceptional circumstances" page:

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

Quoting from "Examples of exceptional circumstances include":

Quote

• Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date.

In my view, this includes a job offer from a new employer as long as the job offer is for a position in the United States and the notice given to relocate is short.

But please, let me know your thoughts.
Thanks for your message!

[pushbrk 12,647]

1 hour ago, elavod said:

This is very disconcerting... why would this be a reason for denial?

This is the website linked from Frankfurt Consulate's "exceptional circumstances" page:

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

Quoting from "Examples of exceptional circumstances include":

In my view, this includes a job offer from a new employer as long as the job offer is for a position in the United States and the notice given to relocate is short.

But please, let me know your thoughts.
Thanks for your message!

Can and will are different words, with different meanings.  I said "can".

[Dashinka 24,174]

8 hours ago, elavod said:

This is very disconcerting... why would this be a reason for denial?

This is the website linked from Frankfurt Consulate's "exceptional circumstances" page:

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

Quoting from "Examples of exceptional circumstances include":

In my view, this includes a job offer from a new employer as long as the job offer is for a position in the United States and the notice given to relocate is short.

But please, let me know your thoughts.
Thanks for your message!

If you look at the list of exceptional circumstances, there is a disclaimer that the list is not all encompassing.  Keep on your current path of DCF, some consulates are much more accommodating than others.

 

Good Luck!

[Elavod 16]

Hi everyone, I need some advice on filling out Form I-864.

 

Here’s a quick update on my situation:

 

- I sent a “DCF request” email to the consulate and am awaiting their response.
- I’m filing back taxes for 2021, 2022, and 2023 under the Streamlined Foreign Offshore Procedures.
- I’m considering asking my parents to file I-864s as Joint Sponsors with me.

 

Now, I’m filling out Part 6 of Form I-864 regarding my employment and income, and I’m unsure what to enter.

 

My current situation:

 

1. I live and work in Germany.
2. I’m employed on a fixed-term contract until mid-2026.
3. My adjusted gross income for 2024 is expected to be $84k (I don’t need to apply for the Foreign Earned Income Exclusion because the Foreign Tax Credit fully offsets my U.S. tax liability).

 

My future situation:

 

4. I plan to terminate my employment in Germany in February 2025.
5. I plan to start a new job in the U.S. in February 2025.

 

Given this, how should I complete Part 6 of Form I-864?

 

For example, since Item 7 asks for “My current individual annual income,” it seems that entering anything other than the $84k I expect for 2024 might be incorrect.

 

Any guidance would be appreciated!

[Elavod 16]

I have another question, in addition to the previous one:

 

As part of the I-130 process, I need to provide "evidence of a bona fide marital relationship with the beneficiary."

 

My plan is to put together a dossier that includes some official documents in German, such as proof of residency at the same address and boarding passes.

 

Do all of these documents need to be translated into English? It feels a bit unnecessary to translate something like an airline boarding pass.

 

Thanks in advance for your help! I truly appreciate the support from this community during such a stressful time!

 

 

[Elavod 16]

The consulate approved my request and sent me a checklist!

 

The next step is filing the I-130. Could anyone provide guidance on the topics mentioned above?

 

Thank you!

[powerpuff 6,490]

Perhaps @pushbrk can chime in and advise.

[pushbrk 12,647]

10 hours ago, elavod said:

I have another question, in addition to the previous one:

 

As part of the I-130 process, I need to provide "evidence of a bona fide marital relationship with the beneficiary."

 

My plan is to put together a dossier that includes some official documents in German, such as proof of residency at the same address and boarding passes.

 

Do all of these documents need to be translated into English? It feels a bit unnecessary to translate something like an airline boarding pass.

 

Thanks in advance for your help! I truly appreciate the support from this community during such a stressful time!

 

 

Now that your request has been granted, the need for translated documents changes a bit as you are dealing with the Consulate instead of USCIS in the USA. Still I would stay away from things needing translation and concentrate on evidence of time spent together in person.  You live in Germany together.  Stick with that evidence.  Boarding passes would not need to be translated.

[Elavod 16]

11 hours ago, pushbrk said:

Now that your request has been granted, the need for translated documents changes a bit as you are dealing with the Consulate instead of USCIS in the USA. Still I would stay away from things needing translation and concentrate on evidence of time spent together in person.  You live in Germany together.  Stick with that evidence.  Boarding passes would not need to be translated.

Hello, @pushbrk, thank you so much for your response— it really helped clarify things!

 

I hope you don’t mind if I ask for your advice on how to fill out Part 6, Item 7 of the I-864.

I understand that my foreign income will be disregarded since it’s not expected to continue, and my future US income (stated in my job offer letter) should also be ignored. However, could you confirm that the best course of action is to enter $0 in this field? Thanks again!