Direct Consular Filing from India

Rahul Kumar said:
JoeF/Others

Is it ok to send in an I-130 or I-129F from abroad to a service center ?
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Rahul - If you get married in India then you have to file I-130 first with your service center in the USA. Based on the I-130 receipt notice, you can file your I-129F for your spouse (note the I-129F should be sent to a different address). I may end up doing the same process in Dec 2004. Good luck.
 
Yeah, I think i have to get someone to open my mail if I do the I-130....
Sorry for the dumb question but is not the I-130/I-129F processed by the Service Centers, the former being VSC(in my case) and latter being NBC(Missouri) ?
 
Rahul Kumar said:
Yeah, I think i have to get someone to open my mail if I do the I-130....
Sorry for the dumb question but is not the I-130/I-129F processed by the Service Centers, the former being VSC(in my case) and latter being NBC(Missouri) ?
Click to expand...


I 129 for fiancee (k1/k2) processed by service center and I 129 (k3/k4) for spouses processed by Missouri
 
PD,
You said "However, even if DCF was allowed, if you get married in US, you can apply for DCF as the marriage was in US."

Did you mean "However, even if DCF was allowed, if you get married in US, you cannot apply for DCF as the marriage was in US"?


Mahesh
 
Can someone detail (if not too much trouble) the exact process of DCF, i.e.,

What forms need to be filed?
Where do they need to be filed?
When do they need to be filed?
What needs to be done before the initial trip to the Consulate?
What happens after that?

If this information is posted somewhere, can someone link me?

I've been trying to read this thread from start to finish and I'm so confused!

Ratrat
 
Rahul Kumar said:
Yeah, I think i have to get someone to open my mail if I do the I-130....
Sorry for the dumb question but is not the I-130/I-129F processed by the Service Centers, the former being VSC(in my case) and latter being NBC(Missouri) ?
Click to expand...

I-129 Information on where to file for Fiance Vs Spouse...
You can also refer to http://uscis.gov/graphics/formsfee/forms/i-129f.htm

If you are filing for your fiance(e), file this petition at the Service Center with jurisdiction over your area of residence.

If you are filing for your fiance(e) and live outside the United States, submit this petition to the Service Center with jurisdiction over your last place of residence in the U.S.

If you are a U.S. citizen, and are using this form to bring in your wife or unmarried child under the LIFE Act, file this petition at:

U.S. Citizenship and Immigration Services
P.O. Box 7218
Chicago, IL 60680-7218
 
I think someone else on the forum posted this already but I can't find that post so I may be redundant in asking this:

On the USCIS web site, it says that for Vermont Service Center, they are processing I-130s (US Citizen filing for spouse) from April 2004.

Does that mean that people who applied in April 2004 are getting their green cards now? Or getting their interviews now?

If it's the interview, once the interview is done, how long until spouse can enter USA? Immediately?

Thanks,

Ratrat
 
phillydude said:
No. You will have to marry and apply for adjustment of status here in US. However, even if DCF was allowed, if you get married in US, you can apply for DCF as the marriage was in US.

Another link that might help:

http://www.usaimmigrationattorney.com/DCFandnoDCFcountries.html
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Rahul,
On this website, I found a statement for DCF which say
American Immigration Lawyers Assn. (AIlA) currently advises that New Delhi will require the USC to show by passport stamps sixty (60) days of "continuous presence" in India prior to filing.

So can only USCs with 60 day residence qualify? From you earlier posting sounds like you friends were resident in the US.

Mahesh
 
mahesh,

Unfortunately since July 1 04 a new 60 day residency restriction has taken effect. Previously it did not matter if you were visiting India or were settled.

Yes the links are not working now I posted them a while back
 
ratrat said:
I think someone else on the forum posted this already but I can't find that post so I may be redundant in asking this:

On the USCIS web site, it says that for Vermont Service Center, they are processing I-130s (US Citizen filing for spouse) from April 2004.

Does that mean that people who applied in April 2004 are getting their green cards now? Or getting their interviews now?
Ratrat
Click to expand...
Neither. It only means application are approved and forwarded to spouse's country of residence. You will have to add approximately 6-8 weeks until the spouse gets GC.
 
Rahul.. here is some info i found on the net somewhere... i dont know how relevent this is..

DELHI TIGHTENS DIRECT FILINGS

The DHS suboffice in New Delhi has announced that in order to accept direct filing of an I-130 petition by a U.S. citizen petitioner, the petitioner must show that he or she has been present in India for at least sixty days prior to filing. Direct filing is a valuable means to cut down on processing time of the I-130. Were the I-130 filed in the U.S., processing time would be about two years. By filing it directly with DHS in the home country (which is permitted in a few countries, but not most) the relative petition can be processed in a few months. The only other DHS suboffice of which we are aware that routinely accepts direct filing of relative petitions from nonresident petitioners is Amman, Jordan. Most DHS offices require the petitioner to be domiciled in the consular district abroad in order to accept the filing and will not accept the filing from a person domiciled in the U.S. who is only temporarily in the foreign country.
 
phillydude said:
Neither. It only means application are approved and forwarded to spouse's country of residence. You will have to add approximately 6-8 weeks until the spouse gets GC.
Click to expand...

So if I had applied for my spouse in April 2004, he would get his greencard in November 2004?

Wow, that's not bad!

Almost makes me think I should not worry about DCF and just file the regular I-130 here in USA? Then I don't have to worry about leave of absence/loss of pay at my job...

Am I making sense?

Ratrat
 
ratrat said:
So if I had applied for my spouse in April 2004, he would get his greencard in November 2004?

Wow, that's not bad!

Almost makes me think I should not worry about DCF and just file the regular I-130 here in USA? Then I don't have to worry about leave of absence/loss of pay at my job...

Am I making sense?

Ratrat
Click to expand...

Right. But this is true only for applicants who fall under VSC and CSC. Other service centers take more than a year.
 
Last edited by a moderator:
OK I have another question:

Does the I-130 timeline (7-8 month processing) in VSC apply to both fresh applicants and AOS?

Or would an AOS take much longer?

Thanks,

Ratrat
 
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