Direct Consular Filing from India

excellent... mike, . So I 130 was filed on 15-oct-03, and packet 4 came in 2 weeks and the the interview in approx 2 months... not bad.....

I thought the interview as on the day of the filing!!


also what questions were asked in the interview?
 
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Also did your brother's residency issue (him not residing in India) come up at all ? DCF is done as a favour I believe for US Citizens not living in india
 
yes it took them 45 days, my brother went with his wife at the time of filing and they were interviewed there, they were asked all basic questions..... like how did you become a citizen, how they meet? what my bro does and asked for all the paperwork mensioned on http://newdelhi.usembassy.gov/

at the time of interview my sister in law went alone, they asked her bunch of similar questions. she submitted all the papers, and they said everything is in order.
but they did not stamp her passport yet, they sent all her info for some security clearance. she had to go got it stamped in a week which they did. everything went smoothly and she is here now.
 
Great, but did they ask about his residency (living in India) ? Did it ever come up as an issue. That's where DCF is uncertain for US Residents...
 
Great, but did they ask about his residency (living in India) ? Did it ever come up as an issue. That's where DCF is uncertain for US Residents...

morpheus0812: Hope your wedding went of smooth. Please post your experience when you return
 
Great, but did they ask about his residency (living in India) ? Did it ever come up as an issue. That's where DCF is uncertain for US Residents...

morpheus0812: Hope your wedding went of smooth. Please post your experience when you return
 
no the question never came up but our parents do live in india and that residence was used "as permanent address on the application".
Also my brother did get married in india.
Also i would like to add the filing from delhi is will save you time, if you have bombay or chennai as your local consulate it will take an extra month just for the interview. they normally set appointments on 10th of every month and they run out pretty quickly. On 10th Dec they were giving appointments for february.
 
What are the options if a U.S. citizen wants to marry someone in the U.S on H1B visa (Indian Citizen)? Is DCF in New Delhi still an option? or do they need to go through the I-130/I-485 process in the U.S?

Please share your thoughts, if someone went through this situation... Thank you.
 
As far as I know DCF is for indian residents only . If your spouse
is on a H1 he/she is a US Resident and DCF may not apply.

Call and email US Cons - New Delhi to confirm
 
Originally posted by fitness99
What are the options if a U.S. citizen wants to marry someone in the U.S on H1B visa (Indian Citizen)? Is DCF in New Delhi still an option? or do they need to go through the I-130/I-485 process in the U.S?

Please share your thoughts, if someone went through this situation... Thank you.



Why would anyway want to go for DCF when the spouse is already in the US with a valid visa ???? Only advantage is you might get GC faster.
 
You have a very poor chance @ DCF. Apply for an I130 change of status from here. Remember unlike F1 , H1 visa is a dual intent purpose (intend to immigrate and not)..
 
Attn morpheus0812

morpheus0812,

Are you back from India ? Did you use DCF ? Please post your experience...

Thanks
 
I'm back!!!

Hi Rahul,

The wedding was great. Thanks. Ok, now for the news...
The trip to Delhi was a success. Me not residing in India wasn't an issue.
The interview was a breeze, we were out of there in about 5 minutes. The total time spent at the embassy was about 90 minutes.
The officer looked through our papers, asked us a couple of questions, and told us that everything seemed in order and that the petition was going to be processed. He asked us to be patient and said it could take about 2-3 months before we hear from the Mumbai consulate (could be sooner though).
THe guy was very polite and courteous. Other than the Delhi cold, it was a pleasant experience.
Now, I just have to play the waiting game....
 
Congrads! Excellent.

Some questions...

a) Did you get a visitor visa or PIO card to go back to India
b) How long did it take at Ind embassy to give up Ind CZ and take V Visa ?
c) Did the officer at USC -Delhi ever ask you about your residence etc?
d) Did you file any paperwork (I130/ K1 as backup) from here?
e) Finally, what paperwork did u have to take with u for DCF..

A lot of us hope to follow in your footsteps soon for a troublefree
Natz and DCF....

Sincerely
Rahul
 
Rahul,

To answer your questions...

a. I got a tourist visa from the Indian Embassy in NY
b. It took me a day to get the Visa. When I went to hand in my Indian passport, they told me that they didn't need it and asked me to keep it with me. I was quite surprised.
c. The officer at Delhi did not ask me about my residency. The notice board outside the embassy states that they accept I-130 from Citizens residing in India, but would accept petitions from non-residents at their discretion. However, its no cause for worry. There were 36 couples filing their petition on the same day. All of them seemed to be in the same boat as me.
d. No, I did not file any paperwork from here. Actually you are better off not filing anything from here. One of the requisites mentioned was that you needed to provide proof of any pending petitions filed, etc. So, my advice is to not file any papers over here.
e. For DCF, all you need is your passport, NAtz cert, Marriage cert, Marriage photos (didn't need the whole album, but I took it anyways), Spouses passport (good to have, but not necessary)Spouses birth cert or school leaving cert. Visa size photos and G325A form (one for each of you).
 
b_mike,

Any idea what the Packet your sis-in-law received from the consulate contained? I've read about i-864 (affidavit of support) DS-230, police cert. Is there anything else?
Could you please let me know about the details. Thanks.
 
Packet 4 from http://newdelhi.usembassy.gov/wwwhivpack.html

INFORMATION FOR IMMIGRANT VISA APPLICANTS
(PACKET FOUR)

You have notified us that you have all the documents needed for your application for an immigrant visa. We have scheduled an appointment for you to come to this office and formally apply for an immigrant visa. All members of your family immigrating with you must appear with you for the

appointment. Each person immigrating, regardless of age, requires a separate visa. If you cannot keep your visa appointment, please notify this office at 2419-8062, 24198374 , Email:ivnd@state.gov

Required documents should be presented in the following order for each applicant. Please tick the boxes on the left side, to be sure that you have collected all the documents for the interview.


PASSPORT: Valid passport for each applicant.

PHOTOS: Two recent glossy color passport-size photographs with a white background for each person applying for a visa. The subject should be shown in ¾ frontal view, showing the right side of the face with the right ear visible (no earrings and no glasses). See attached sheet.

BIOGRAPHIC DATA FORM: Completely filled Biographic data form Part I, II (separate

forms has to be completed for each applicant).

BIRTH CERTIFICATE: Original and photocopy of birth certificate for each applicant. If your birth was not registered, please submit your school record showing parentage, affidavit of birth executed by your parents or by some elderly person in the family, and/or a "no record of birth registration" letter from the municipality. If any of these documents were issued in a regional language, a notarized English translation is required in addition to the original. Also if name is not mentioned on the birth certificate you have to submit school record or birth affidavit executed by your parents or by some elderly person in your family.

MARRIAGE CERTIFICATE: Original and photocopy of marriage certificate. If your marriage certificate was issued in a regional language, a notarized English translation is required in addition to the original.

TERMINATION OF PREVIOUS MARRIAGE: Original and photocopy of proof of the legal termination of any previous marriage of petitioner and applicant (death certificate of spouse, divorce decree). If any of these documents were issued in a regional language, a notarized English translation is required in addition to the original.

PROOF OF RELATIONSHIP: For the proof of relationship you must present birth certificate or school certificate or marriage certificate of the petitioner and beneficiary. Affidavit is not acceptable. If any of these documents were issued in a regional language, a notarized English translation is required in addition to the original. Also bring along photographs of yourself and petitioner from the last few years.

POLICE REPORT: All immigrant visa applicants over the age of 16 must present Indian

Police clearance certificates from the Local Area Police Station and the Regional

Passport Office. If the applicant is residing in the US, they have to

produce police clearance certificate issued by Indian Embassy or Consulate in the US. If you have resided in any other country for more than one year, check with our office regarding police report for that country, telephone number: 2419-8062, 24198374 , Email:ivnd@state.gov . You can even check in visa reciprocity table on the website www.travel.state.gov.

AFFIDAVIT OF SUPPORT: If you have already submitted the Affidavit of support (I-864) along with all attachments at the National Visa Center (NVC), the sponsor documents will be reviewed by the consular officer at the time of interview. If the sponsor documents are not submitted at the NVC you have to submit Affidavit of support (I-864), job and bank letter, 1040 and W2 for the year 2002, 2001, 2000 at the time of your immigrant visa interview. If the petitioner’s income is not sufficient or if petitioner is receiving unemployment benefit or the income is below as per attached poverty guideline you MUST submit the above-listed financial documents from a joint sponsor (a family member of the petitioner or applicant in the US who is willing to sponsor the applicant and has sufficient resources to do so) as well as from the petitioner. Please note original

I-864, job & bank letter, 1040 and W2 for the year 2002, 2001, 2000 are required for the principal applicant (the person for whom a petition has been filed by a relative in the United States). For derivative applicant (spouse and children) we require only the photocopy of I-864. If the derivative applicant is not traveling with the principal applicant, will be following later, the derivative applicant has to submit original I-864, job & bank letter, 1040 and W2 for the year 2002, 2001, 2000 from the petitioner and also from the joint sponsor if required.

NOTE: 1) If the petitioner and the joint sponsor income is combine with their spouse they have to submit form I-864A along with I-864. In form I-864A the petitioner will sign as sponsor and the spouse will sign as household member.

2) Also submit tax transcript issued by Internal Revenue Service office for the year 2002, 2001 & 2000 of petitioner and joint sponsor. Even if your sponsor papers are already submitted at the National Visa Center (NVC), please bring tax transcript at the time of your interview.


MEDICAL REPORT: Medical report from one of the Embassy’s panels physicians for each applicant. See enclosed list of physicians.

FEES: Demand drafts for the appropriate fees for each applicant. Write

your name, address and telephone number on the back of each draft. Cash is

not accepted for payment of immigrant visa fees. Traveler's check or Cash in

US $ is acceptable. Fees must be paid by bank draft payable to the "American

Embassy, New Delhi".

The Immigrant Visa Fee $ 335 or Rs. 15,410/- (only single draft

required) for each applicant. Using the exchange rate of $1.00 = Rs. 46/-. Exchange rate subject to change without notice. The application fee is not refundable, even if the applicant

is found ineligible to receive a visa.

NOTE: If you have already paid $ 260 for each applicant at the National visa

Center (NVC), you have to pay only $65 or Rs. 2,990/- for each applicant by

separate demand draft issued on the name of the "American Embassy, New

Delhi". If you have already paid $335 for each applicant at the National Visa

Center, you are not required to pay fees at post.

FOLLOWING TO JOIN APPLICANT

Family members following to join the principal applicant:

When family member of the principal applicant (the person for whom a petition has been filed by a relative in the United States) intend to stay in India longer than the principal applicant and immigrate to the United States at a later date, some additional documents are required.

Each of the items listed below are needed for each child under 21 years who

will be following to join the principal applicant later:

1. Original and photocopy of birth certificate.

2. A passport size latest photograph

3. Passport or some photo identification such as driving license.

NOTE: For timely processing of your immigrant visa case, submit all the documents at the time of interview.

ADDITIONAL INFORMATION

Applicants arriving at the Visa Section will be interviewed and given oath by a consular officer Their documents will be reviewed, and they will be advised of the outcome of their applications. The Consular Section is closed on Saturday, Sunday, and American and Indian holidays.

Due to the volume of applicants, this process takes most of the day. We suggest bringing books, crossword puzzles and other diversions. The waiting room is air conditioned, has toilets, and is a

no-smoking area.

NO ASSURANCE VISA WILL BE ISSUED

No assurance can be given in advance that a visa will be issued. A consular officer can make a decision only after your visa application and all documents are reviewed, and you have been personally interviewed. You are advised not to make any travel arrangements, and not to dispose of your property or give up your job until the visa has been issued. If your visa application is refused, you will be given a refusal sheet that will indicate the basis for your refusal. If applicable, it will tell you what actions you could take to overcome the refusal.

VISA VALIDITY

An immigrant visa is valid for a maximum period of six months from the date of issuance. You must travel and apply for admission to the United States within that six months period. A visa may not be transferred from one person to another, or used by any person other than the one to whom issued.

IMMIGRATION PROCEDURES AT THE PORT OF ENTRY

Applicants should be aware that a visa does not guarantee entry to the United States. Legally, the visa specifies the period during which the bearer may apply at a port of entry to enter the United States. The United States Immigration and Naturalization Service (INS) authorizes the traveler's admission to the United States, not the consular officer.


INFORMATION SOURCES

For recorded information on Immigrant visas call: 2419-8150.

For additional visa information: the Embassy homepage:

http://newdelhi.usembassy.gov

For copies of the I-864 affidavit of support or other information:

Bureau of Consular Affairs Autofax Service: 202-647-3000

Bureau of Consular Affairs: www.travel.state.gov or www.immigration.gov

Enclosures:

* Affidavit of Support (I-864) Instructions

* Instructions for Medical Examination

* Immigrant Visa Supplemental Information sheet

* DS 230 Part I and II, Application for Immigrant Visa and Alien

Registration(Sworn Statement)
 
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