Query on Marriage Based US Visa

[kkodi721]

Hi All

I am a US Citizen (OCI) currently working in India (residing in India for the past 9 years and have had no income in the US) and my husband is working in Sweden (and is an Indian citizen). We married last month in India and plan to settle in the US soon. Should we file the I-130 in India (USCIS unit is in New Delhi, India) via DCF? Are we eligible for the same?

If I apply from India USCIS, will I have to be present in India the entire time the process takes place? And my husband? I plan to go to Sweden right after filing the I-130 in India and then to US once my husband gets his Greencard - hence the query.

My dad has been working in the US and is a US Citizen so he is ready to be the joint sponsor - would that work? Also for affidavit of support?
And regarding taxes? My father had me as a dependent when he was filing taxes till last year and I started working Jan 2019 in India- how should I go about taxes - as I never earned any income in the US.

Hope to get a response soon, thank you!

[Space]

I cant help with the first part.

I don't see why you would need to remain in your home country during the I-130 process. But you should have someone looking out for your mail. One risk is you might have a harder time responding to USCIS while you are abroad in the event they send you a request for evidence. I would recommend getting a lawyer to handle the process while you're away.

For affidavit of support, form I-864 (not I-864EZ) can be based on a variety of sources with various rules for each. For example, you can use your assets, your beneficiaries assets, or some other options. Each have their own rules when assigning conversion to 'income'.