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Hello,

I am posting a new thread here because my questions have slightly changed since last time.

I am a US/french dual citizen living in France since the age of 3 and at the end of August 2016, I got a job offer in the US that I have accepted. My contract starts on December 5th 2016. The annual income is of $50,000. I was planning on working abroad by the end of the year 2016 and therefore got married last June to prepare any eventual visa request so that my husband and I could leave abroad together. We therefore didn't know with certainty until end of August that we would be moving to the US. We are now planning to leave for the US on the 30th of November. However, since we didn't know whether my husband would have his visa, we made sure that his plane ticket was refundable and exchangeable until the last minute.

We have filed the Petition for Alien Relatives (I-130) at the end of September at the US embassy in Paris thanks to the exceptional circumstances clause that we managed to get. Our forms were accepted and my husband has received a case number as well as the different other forms to fill (DS-260, I-864, DS-2001) to finalize the visa process and know if he will be able to get one.

I have some troubles filling up form I-864 and therefore need some help. By reading the instructions, I have discovered that as a dual citizen I had to file my tax returns although I have never worked or lived in the US. I have just filed these late returns for the past three years this morning (thanks to the help of this amazing forum too!). I am starting to think that because of this late filing, my husband will not be moving to the US with me at the end of the month…

I have issues concerning my Employment and income, namelyPart 6. of I-864
- I am currently employed by the CNRS in France. However, my contract ends in 10 days and I will be living in the US with an American job in December. The affidavit of support is for when my husband and I will be living in the US. Therefore, I have answered in 1.a. my new employment which starts in December. Is that ok? I have the official offer letter with the annual amount indicated on it for support.
- Secondly, do I need to write my husband's name in 3. since he is counted in my household size?
- Thirdly, concerning my tax returns: in the instruction form, there is clearly written that if I filed late, I need the IRS-generated tax return transcripts documenting my late filing. Since I will not be depending on these incomes, is it necessary for me to have the transcripts or do the photocopies suffice?

My guess for the last question is: no… But I need confirmation from someone who knows better than me :)

Finally, if my husband has to wait for my tax return to get processed in order for me to ask for the transcripts, can he get an ESTA with a return flight in January for example so that the immigrant visa gets finalized in Paris and then come back with the immigrant visa? Or is this action referred to as fraud?

Thanks for all the information!!

Leïla
 
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