Plan to file I-130 but need to file 2555-EZ first

[farnorth101 0]

Hello,

 

I am planning on returning to the US with my spouse. I’m a US citizen and we have a joint child with dual citizenship. We have been married more than two years but I will be jobless when I return to the states.  

 

I neglected to file my tax returns (woops!) and so am going to process 2555-EZ as I make so little that I will not pay anything on my foreign income.

 

My question is how soon after submitting my 2555-EZ should I start the I-130 process? My understanding is the IRS will not let me know when they process my 2555-EZ so I have no way of knowing whether I’m “in the clear.”

 

Any help would be greatly appreciated,

 

northerner

[geowrian 22,335]

You can file the I-130 now. It'll be ~6-10 months before approval (unless doing DCF, then it could be weeks to a couple months). The I-864 (and tax returns that go with it) is only needed after I4130 approval.

If your taxes are still not sorted out by then (although it shouldn't be a complicated process taking that long), you can just hold off on the process until they are sorted out. The I-130 does not expire, and as long as you stay in contact with them once a year (NVC, or the consulate if DCF), the I-130 will remain active.

 

If you want a tax transcript, you may have to wait several weeks. Otherwise, you can provide a copy of the submitted tax return along with any supporting schedules.

 

Since you won't have any income upon return to the US, do you have sufficient assets or are you using a joint sponsor?

[farnorth101 0]

Thank you for the prompt response!

 

We are planning to use a joint sponsor.

 

I have a follow-up question re DCF. I am in Japan where there is no USCIS. Am I correct that if I file the I-130 to the Chicago Lockbox I automatically will be processed as DCF since I live in Japan...?  Or is the DCF only for “exceptional situations”...? 

[geowrian 22,335]

9 minutes ago, farnorth101 said:

I have a follow-up question re DCF. I am in Japan where there is no USCIS. Am I correct that if I file the I-130 to the Chicago Lockbox I automatically will be processed as DCF since I live in Japan...?  Or is the DCF only for “exceptional situations”...? 

There is no DCF in Japan due to no USCIS office (https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices).

There is an exception for "exceptional circumstances" but those are - as the name implies - not common.

 

If you file to the US dropbox, it will go through normal USCIS processing in the US (not DCF). To file DCF you must do so with the USCIS office with jurisdiction over the country. In your case, that would be the Seoul USCIS office in South Korea. But as noted, this would need to meet their exceptional circumstances criteria.

[farnorth101 0]

Ah ok, thank you for the clarification.

 

That is all I have questions about for now.