My husband is a UK citizen, I'm an American citizen, we moved to Germany a year ago and need to move back to the US. We were not aware we were supposed to formally abandon my husband's green card when we moved out of the US to the UK in 2016. I don't think he would owe any exit taxes (does that affect the application?). We don't have any connections to the US anymore other than my grown child (husband's stepchild) and some family in the state we intend to move back to, no bank accounts etc. Yes, short sighted at the time but we had no way of knowing things would turn out so badly moving out of the US, and to be perfectly honest we were ignorant of the fact that we would need to keep applying to extend our stay outside the US.
Our situation: we have 3 children together, all under 18, 2 diagnosed autistic, 1 ADHD, married 16 years. Everyone's mental health here is suffering greatly, but particularly myself and my 17 year old. Due to the children all being disabled, as well as myself, my husband is the only one able to work, and I need him with me to help care for the children. I really cannot stress enough how much I need my husband with me, but I cannot stay here in Germany much longer or I will have a mental breakdown. My 17 year old is also suffering immensely.
Would this be enough to be considered an exceptional circumstance so we can go with DCF? And can we get approved for my husband to live and work in the US while we wait for his green card this way? Is there any way to know how much time it will take?