Is DCF by USC still possible at New Delhi

R

raj_seattle

Registered Users (C)
There new requiremetns to file I-130 DCF at New Delhi by a US citizen. Any experience after June 1, 2006 rule change? What are the residency requirements. Here is the link to embassy website mentioning this new rule most of us are unaware of

http://newdelhi.usembassy.gov/uscisi130pet.html

Are they strictly enforcing this rule and what do they really intend by asking USC to be resident of India in order to apply? Thanks.
 
I would be interested in knowing about this too.
The New Delhi consulate web page sited in the previous mail seems to have
changed the requirement from 60 days to 90 days.

If there is anyone out there who has tried DCF of late, would appreciate
your input. Thanks.

rena2006 said:
Any news on if DCF is possible in New Delhi?
Click to expand...
 
DCF Delhi more difficult

We just tried DCF of I-130 for spouse at Delhi, now they require 90 days stay and are enforcing it strictly. FRRO registration part is easy to get done. This new rule practically offsets advantage of DCF. 3 months wait to apply and 3-4 months after that to get visa is not worth doing it. Just decided to file case in US, which will take appoximately 8-9 months to get visa. The Embassy website also mentions the new rule. Try this link http://newdelhi.usembassy.gov/uscisi130pet.html

Sorry for the bad news.
 
Thanks for sharing the experience Raj. Is it only 8-9 months if filed in the
US? I vaguely remember reading on this site somewhere that it takes
around 13-15 months if filed in the US.


raj_seattle said:
We just tried DCF of I-130 for spouse at Delhi, now they require 90 days stay and are enforcing it strictly. FRRO registration part is easy to get done. This new rule practically offsets advantage of DCF. 3 months wait to apply and 3-4 months after that to get visa is not worth doing it. Just decided to file case in US, which will take appoximately 8-9 months to get visa. The Embassy website also mentions the new rule. Try this link http://newdelhi.usembassy.gov/uscisi130pet.html

Sorry for the bad news.
Click to expand...
 
Thanks so much Raj! I still think there is a lot of confusion on the issue. My sister in law is going to Delhi to file her I-130 petition for her husband next week. Although I agree with you, her husband is confident that they'll accept it but let's see. I'll keep you guys posted.
 
raj,

how do you figure that it'll take 3/4 months to obtain a visa after applying at delhi ?
doesn't the consulte at delhi accept walk-in applications once the 90 day requirement is satisfied ? i guess i'm missing something about the application process here ...
do you mean that the interview will be scheduled 3/4 months after the application is filed ? if so, where do you find this information ?

the faq (http://newdelhi.usembassy.gov/uscisfaqs.html) seems to indicate that a decision is made usually in a week.

thanks,
 
raj, rsh431,
I'm in a similar situation. I'm a USC, got married in April 2006. Filed an I-130 for my wife in May 2006 with VSC. Got a receipt notice in 3 weeks from VSC. Then, a couple of weeks ago, I received a second notice from VSC stating that they are transferring the file to CSC. The USCIS has since put out a notice indicating that they are transferring files to other service centers to offload VSC. The unfortunate thing is that it appears CSC is further behind VSC in I-130 processing. My lawyer recommended in early July that I file for a K3. Received a receipt notice, but nothing else...

So the wait continues. I'm now inclined to believe that 8-9 months is an optimistic timeframe. Will keep you posted...

rg50
 
Guys, DCF in New Delhi won't be possible for US Citizens applying for their spouses unless you are staying 90 days and meet the requirements of the new rule. My U.S. citizen sister in law just tried for DCF in Delhi TODAY and they rejected the application. I just wanted to share this very recent experience with you so you don't waste your time.
 
Hi Rena2006 Do you know what was the reason that Embassy rejected the application? Could you please let me know that what are the rules except staying in India 90days before you submite application?
Thanks
 
keyun21 said:
Hi Rena2006 Do you know what was the reason that Embassy rejected the application? Could you please let me know that what are the rules except staying in India 90days before you submite application?
Thanks
Click to expand...

Well there is a residency requirement now and they are being strict with that. You must stay for at least 90 days and show that you are a resident of India. You must show a valid long term visa for India. You must show proof of residency in India as well. Check out the US Embassy-New Delhi website for the specific requirements.
 
dcf process

Folks,

I realize now that California service center is far behind and it takes them approximately 6 months to get to your petition. Even after that, the whole process may take another 3 months before one can get visa. Waiting 90 days in India may be worth it. If they approve DCF at New Delhi, it still taken 4-6 weeks for processing and paper work. Still DCF can cut short the processing time in half, from 10 months to 5 months according to latest rules. Now, CSC is processing petitions received in Feb 06. Not a very good situation...
 
You are right in some ways but I disagree in other ways. After staying three months, I don't think its guaranteed that they will process your file. They may say, hey, you aren't an India resident, you just stayed to file the petition. Then what? Time and money wasted. Not to mention that you have to start all over when you come back to the U.S. I don't think DCF processing is as clear cut as before, at least we won't know until we hear of a few positive cases. It's too new of a process to say anything either way.
 
DCF twists

Rena 2006, you are right. DCF is not clear cut and sure shot ever. The insurance policy is that you file in US as well. If they accept DCF, you can withdraw. Actually, you have to attach your withdrawal documentation when they accept your DCF. It is also stated on their website, here is the link http://newdelhi.usembassy.gov/uscisi130fil.html

and the text i am referring to is:

"If you have already filed an I-130 petition for this Alien Relative in the US, the US citizen petitioner must provide us with proof that that specific petition has been withdrawn or that processing on that petition has been terminated. We will accept a Notice of Action (form I-797) from US CIS offices to such effect. We will also accept a photocopy of a certified and/or registered letter to the US CIS office processing that petition in which you request termination and/or withdrawal of that petition"


And... they may change rules any time!
 
Is DCF still possible in India?

Does anyone know if DCF is still possible in India? The web-page for Delhi Consulate seems to imply that it cannot be done.
Would appreciate any input. Thanks.

From:
http://newdelhi.usembassy.gov/apply.html
Most immigrant visa applications begin when a family member who is a U.S. citizen or legal permanent resident submits a petition (Form I-130) on behalf of the intending immigrant to the office of the U. S. Citizenship & Immigration Services (formerly INS) in the United States that serves the petitioner's place of residence. Do not attempt to submit the completed I-130 form to the Consular Section; we cannot process this form. It is also possible in some circumstances for a U.S. employer to petition to obtain permanent resident status for a foreign national employee. Click here to learn more about immigrant visas for foreign workers.
 
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I think it is only possible for US citizens that are Indian residents. You have to meet the residency requirements and stay in India for a while.
 
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