Direct Consular Filing from India

Originally posted by morpheus0812
Rahul,

Can they refuse to interview you for the DCF process at the embassy in Delhi? Do you or any of the friends you spoke to have any experience with this process?
I need to file the petition for my wife and am not sure if I should file for the K3 visa or go through this DCF process. What would you recommend.
How long would I need to be in Delhi in order for the process to get done?
Any help will be greatly appreciated
Thanks.
Click to expand...

They CAN refuse DCF. Its a matter of courtesy only. My friends who did this got their spouses a GC in about 3 months!!

File K3 from here, then goto India and file DCF. Juts my opinion. U may want to double check too. (My friends did file K3 and then DCF then cancelled K3)

http://k1.exit.com/spouse2.html
http://www.murthy.com/UDnudelhi.html
 
You need to be @ delhi for the day of filing only. Just takes a few hours at the most. Lot of DCF stories can be read at google newsgroups. The process however takes 3 months or so
 
DCF

Hi Rahul ,
i have a same questions like yours if you can give me any advise if know ,

I am green card holder and I & my husband got married in Canada & I have filed for his petition as selecting U.S Consulate in Canada As he is there on Student Visa. Now I have heard about DCF that’s faster then anywhere else. I will be citizen soon .Can I put a new petition file for my husband from India as I am a citizen, Selecting U.S consulate Delhi India?Do You think i am eligible to put a new file ? Please Advise.


Thank You
 
If your husband is a resident of Canada then DCF may not be applicable to you. DCF might require you to have a wedding in India and the sponsor must be a resident of India.

Also Canada has no DCF procedure in its consulates. My best advice is to file a K1/K3, then take a trip to Delhi and file. What's the worst they can say ? No... If they approve you, then you will save yourself ateleast 1 year by way of your husband getting a GC. If the US Emb @ Delhi sees your husband is on a student visa, then they might not approve. Just my opinion.

You can call or email the Delhi embassy, but they dont respond fast.

Final Word: DCF is the *FASTEST* option available for your spouse to get a GC
 
Thanks Rahul for your opinion , I will surly try to contact U.S consulate at Delhi I will let you know about more updates .
 
Spoke with my attorney today.. This is what I learnt

* If a person is engaged to a PR/US Citizen then its "illegal" (also very unlinkely) to get a Visitor Visa/Student Visa. If you declare that you are engaged to a PR/USC on the form, then you are almost 100% likely to be rejected and even if you are not, you will have a lot of issues at the Port of Entry

* H1 is a different case, due to some "dual intent" purpose.

* DCF is a fine line, and strictly speaking a US resident shld not qualify for DCF. K3 is the other option. K1 is not recommended as it may sometimes go against the Indian culture (a woman moving to the US to live with fiance before marriage!!)

Will keep you posted on info as and when I get it.

Any more folks from Phila?
 
applying for i-130 in india is fast.

I am not sure how much this will help you but my brother who is USC is going through this process this very movement.

His wife is a bombay resident.

He filed i-130 for his wife in delhi, (it is a good idea because it will save some time) around 15-oct-03,

it took him 2 weeks to get the packet 4 and he was able to get the police reports and other documents (mentioned on
http://newdelhi.usembassy.gov/wwwhivapd.html)

please make sure if you have all the documents from US since this will save you time.

she has her visa interview on dec 11, I will keep you posted of what happens next.

Make sure the US Citizen spouse will have to accompany the benificiary to the consulate to make this process go at ligthening fast speed.
Goodluck everyone.
 
hey,

thanks for ur post.. appreciate it... just tell me , did ur bro have to reside in india for a while before DCFing?
 
thanks dude.. could u post his experience (complete experience) once he returns or his wife gets visa?

thanks for ur initiative
 
Originally posted by b_mike
no, he lives here in NJ, and has filed k-3 for her fron NJ.
And then went to India to DCF.
Click to expand...


I'm a bit confused here, In your previous posting you said he applied for I- 130 at Delhi embassy. If I-130 was not filed, how did he apply for K-3?:confused:

Or did he have to apply I-130 twice?
Thanks
 
yes he did apply twice, He does not expect to get his k-3 nor i-130 to be approved in US. also he does intend to withdraw his applications in US once his indian application is approved.
 
im still a bit confused on the K3.. I130 is a green card right ? And K3 is non immg visa..

Well, I thought u file K3 and file adjustment of status to get GC and an I130... Can pd or mike explain the difference
 
its, I129F....... K-3/ K-4 is for already married spouse and/or dependent child category under the life act, then he filed 130 petition (i.e. the green card)... see I-130 takes from 12-17 months, and normally k-3 takes 3-6 months. We heard from friends and family (who had sucessfully secured GC via I-130 in india) it takes 6-8 weeks in india. So my Bro decided to give it a try...... its seems like the fastest way to bring your spouse here(if you are a US citizen), unlike k-3 which takes forever and then you still have to wait i-130.
I hope this clears it out.

please check the bcis site for more clarification.
 
Rahul,

You have to file the I-130 regardless. Then if you want to apply for the K3, you file the I-129F after you have a NOA from your filed I-130.
If you go through DCF, you only file the I-130 locally. There is no need to file the I-129F.


P.S. - I just got my Passport yesterday. It was a breeze. I called the automated no. to schedule an interview at the NY Passport agency. Went there yesterday morning with my application. Handed in my application and was out in 1/2 hour. They told me to come back at 12:00 to pick up my passport. Imagine my surprise when I heard that. I thought they would mail me the passport a week later. Anyways, it was quite a pleasant experience, I must say.

Now I just need to get my visa and I'm on my way...
 
approved

Ok guys this is the final update in this matter, on 11/25 my sister-in-law sucessfully received her GC(I-130 approved) from Delhi.
She landed here on 12/15.
 
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