Direct Consular Filing from India

VenkatReddytx said:
Rahul



We have not recieved any communication from Chennai Consulate yet.

Venkat,
It takes at least 3-4 weeks to get packet 3 from chennai consulate after you submit I-130 in Delhi. Also, it took my wife 4 months after sending packet 3 in to get intimation for interview date.

We filed on May 10, 2004. We got packet 3 on June 1, 2004. We sent it back on June 2, 2004. The interview is scheduled for Nov 4, 2004

I got the feeling the interview schedule is based on priority date rather than when you sent packet 3. But I am not sure about it.

Hopefully, your case goes faster than ours.

Sundar
 
I heard the process has been changed. For doing A DCF both the Citizen and Spouse must be a resident in the country of application (India in your case) . No harm trying.. Just make sure you take all the necessary forms , I129F, I130, G325A (4 copies 2each for you and spouse) , I864 and supporting docs (Tax filings etc)

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

Marriage Abroad: Alien-Spouse Visa. If a U.S. citizen marries as alien abroad, an I-130 petition must be filed with the U.S. Citizenship & Immigration Services after the marriage to begin the immigration process for the alien spouse. For marriages in India, such petitions may be filed with the U.S. Citizenship & Immigration Services office at the U.S. Embassy in New Delhi if the U.S. citizen resides in India; otherwise, the petition must be filed with the U.S. Citizenship & Immigration Services office serving the citizen's residence in the U.S.

Doing a K3 is the way to go now. takes about 3-4 mths.
http://newdelhi.usembassy.gov/wwwhconsuivg.html

A Spouse of a U.S. Citizen (K-3) Is Also an Immigrant

The spouse of an U.S. citizen applying for a nonimmigrant visa (K-3 applicant) must have an immigrant visa petition on his/her behalf by the U.S. citizen spouse. Therefore, the spouse of the U.S. citizen (the K-3 applicant) must meet some of the requirements of an immigrant visa.

You will find the links to file for K3 at the USCIS website.
I think after she comes on the K3 she has to file I765 to work till she gets her GC.
Good luck
 
Sudar

Thanks for giving me the timeline.
Glad to hear that your wife got a date for the interview, she should be joing you soon.
Can you let me know how the Packet 3 was sent to you wife by Courier or Mail.

Thanks
Venkat
 
VenkatReddytx said:
Sudar

Thanks for giving me the timeline.
Glad to hear that your wife got a date for the interview, she should be joing you soon.
Can you let me know how the Packet 3 was sent to you wife by Courier or Mail.

Thanks
Venkat

Packet 3 came through regular mail, no courier.

Sundar
 
VenkatReddytx said:
Rahul

I filed I-130 using DCF at New Delhi on Sep 30 2004.

I am an USC residing/working in India since March 04.

At the interview I was asked how long I have been in India and I replyed since March working on a temporary assigment for my US company. I was then asked if my VISA reflected my employment status in India and I said yes and also showed him the registration form I have from Indian Immigration that I had to get to reside in India. He asked if he could make a copy of the registration and I said sure.

He asked my wife and I a few more questions and then asked me to pay the I-130 processing fee.


We have not recieved any communication from Chennai Consulate yet.

Thanks a lot for letting me know. I am in Desh now and will attempt to learn abt this as much as i can now!
 
Address on I130

Prior to coming to India to get married I had vacated my apartment as I wanted to get a better one after wedding and I was gona be away for a while (maybe upto 2m). Now on the I-130, there is a question on my address.

I want to give the address of her Sister in Law, in Boston, which is served by the same Vermont Svc Ctr.....

Since I-130 has nothing to do with any local DO, I think it will not matter at all, unlike N400 or 485..

Any thoughts?
 
Financial Support

Hi All India-DCF'ers...

If I do quit my job in the USA and live in India in order to pursue DCF, will I be asked to show any proof of financial support in USA? Will it be grounds for rejection that I don't have a job in the US?

Thanks!

Ratrat
 
ratrat said:
Hi All India-DCF'ers...

If I do quit my job in the USA and live in India in order to pursue DCF, will I be asked to show any proof of financial support in USA? Will it be grounds for rejection that I don't have a job in the US?

Thanks!

Ratrat

If you (and your spouse) are living in India, there is no need to show proof of financial support in USA. As long as you can prove that you are now living in India and have means to support yourself and your spouse, you should be OK. To be honest, I dont think a I 864 would be required in that case.
 
But if I pursue DCF wouldn't that mean that I and my spouse have intent to return to the USA? So won't they ask me "Hey you are going back to the USA without a job, how do you plan on supporting your spouse?"

Ratrat
 
ratrat said:
But if I pursue DCF wouldn't that mean that I and my spouse have intent to return to the USA? So won't they ask me "Hey you are going back to the USA without a job, how do you plan on supporting your spouse?"

Ratrat
You have a point there, but you can always say its for a short visit. Also, you can say you do not have any travel plans in the near future, but you want to keep all the paper work ready so that you dont have a problem when the time comes.
 
864 is always required. You need a co-sponsor if you dont have adequate income or savings.. Dunno if current employment is a must
 
Rahul Kumar said:
864 is always required. You need a co-sponsor if you dont have adequate income or savings.. Dunno if current employment is a must


Current employment is not required as long you can show enough assets to be above 125% poverty line.

Sundar
 
Rahul Kumar said:
864 is always required. You need a co-sponsor if you dont have adequate income or savings.. Dunno if current employment is a must

864 is required to prove that your spouse will not be a burden to the US Govt. If you are living in India why would you need 864? and is a poverty line?
 
phillydude said:
864 is required to prove that your spouse will not be a burden to the US Govt. If you are living in India why would you need 864? and is a poverty line?


The reason is that the wife will live in the US. That is the reason one applies for green card. If there is no intention of living in the US, why apply for one?

So US govt assumes that the person is planning to live in the US when they apply for CR-1. Hence, the need for I-864

Please keep in mind, you have to reside in the US for maintaining your green card. I do not think (correct me if I am wrong) you can maintain your green card by visiting US for 2-3 weeks every year.

Sundar
 
phillydude said:
You have a point there, but you can always say its for a short visit. Also, you can say you do not have any travel plans in the near future, but you want to keep all the paper work ready so that you dont have a problem when the time comes.


One can not use Green Card instead of Tourist Visa. Also, one needs to maintain residence to have GC. This may mean filing for taxes, etc.

I am not sure if the reasoning given by you would be accepted by USCIS.


Sundar
 
Sundar_vaidya said:
One can not use Green Card instead of Tourist Visa. Also, one needs to maintain residence to have GC. This may mean filing for taxes, etc.

I am not sure if the reasoning given by you would be accepted by USCIS.


Sundar

Spouses of US citizens are not eligible for Tourist visa. Dont think only in terms of Indian born naturalized citizen. Also consider how an American born (not of Indian descent) married to an Indian spouse would have to travel to US for Thanksgiving /Christmas :D
 
phillydude said:
Spouses of US citizens are not eligible for Tourist visa. Dont think only in terms of Indian born naturalized citizen. Also consider how an American born (not of Indian descent) married to an Indian spouse would have to travel to US for Thanksgiving /Christmas :D


Well, technically (not that it is followed in US consulate in India), spouse of US citizen should not be barred from tourist visa. Is there any rule barring them?
I remember having similar discussion on Britishexpat, I will try to see if I can dig up the answer given by a lawyer in that forum.

I do not know how the spouse would visit US. I am not sure GC is the correct one.

Sundar
 
ratrat said:
But if I pursue DCF wouldn't that mean that I and my spouse have intent to return to the USA? So won't they ask me "Hey you are going back to the USA without a job, how do you plan on supporting your spouse?"

Ratrat


http://travel.state.gov/visa/immigrants_types_marriage2.html#4b

U.S. Domicile Is Required

You must have a domicile (residence) in the United States before we can issue an immigrant visa to your spouse. This is because a U.S. domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all Spouse of a U.S. Citizen (IR-1) immigration cases.
 
My DCF Experience

I finally did it. I attempted DCF!!

We flew to Delhi the day before our proposed filing date. We reached the New Delhi embassy at 8.55 am. There were a long line of people waiting outside. I showed the guard my US passport and told him I came to file a petition for my wife . He asked me “I-130 ?”. I was surprised at his question as these people don’t usually know form numbers. He then asked me how long I’ve been in India. I replied 61 days. He quickly checked me with a metal detector and hushed my wife and I through the gates.

We went straight through and entered the main embassy. There was a larger security outfit there. The guards asked me once again how long I stayed in India.

We went in and waited in a waiting area. A ton of people were waiting for different visa interviews (H1/B1 …)

A guard came and called us at 10:30 am to take us to the CIS office inside. The “INS waiting room” was crowded with a lot of people. Most of them had some issue with their GC’s. 3 more couples were there ahead of us to DCF

One guy did not have enough paperwork so he was sent back home. Another guys wedding was an inter-caste or inter-religion one. The CIS officer was mentioning to him that the Special Marriage Act would be a good choice for him or something... (Note: DCF is best if your case is very straightforward, i.e. First marriage for both, traditional Indian wedding(not on a small scale), same caste, etc etc). If you have some deviations from ‘normal’ then you must go prepared adequately while DCF’ing!

Our turn came next. One Mr. M interviewed us. He was an Indian. He was very friendly and asked us questions as to how we met, where I lived, worked, how I got my GC, about our families etc. Asked me if I stayed 60 days (looked at my arrival stamp on my passport)

He went through our I-130/G325a. I had taken loose snaps of our wedding to be stuck with the application. I carried the ENTIRE foto album (weighed a TONNE!) with me. He appreciated the way I had organized my application and made notes (on the yellow post it notes)

He approved our case (meaning he said he accepted it) and asked me to cancel my pending I-130 (VSC) immediately. We thanked him profusely and left. Lasted under 10 minutes. A success!

We were escorted out by the guard. I paid $185 in USD , got a receipt and gave the WHITE copy to the Guard for inclusion with my file.

I then went to the local Post office and sent a Speed Post (Express mail equivalent) to the VSC asking my petition to be withdrawn.

I went back to the consulate and gave a copy of the letter I sent to the VSC along with the mailing receipt to be included in my new file.

That’s it. I am very thankful to all especially Sundar for sharing his experience & PhillyDude for his support. No words of gratitude are enough to thank my colleagues and managers for giving me so much time off. I owe them a BIGG one.

PS: The Delhi embassy processes the cases very quickly. If we lived in the Delhi area, then Ani would have gotten her immigrant visa (GC) in under 3 months. Down south it takes longer!!

I hope Ani joins me very soon. I’m returning back to the US before Xmas.

Points to Note for DCF aspirants
  • DCF is best for straightforward marriages.
  • The 60 day rule is enforced very strictly, no exceptions
  • CIS at the Delhi embassy are courteous and professional, so you can expect better service than the SC’s in the US
  • Carry ALL originals and copies of such with you. Better more than less. Carry your original Natz Cert, photo album.
  • ND Embassy does NOT accept Rs. 500 bills. 100’s are your best bet
  • Don’t carry cell phones or sealed envelopes into the building. Just your application will speed things up for you.
 
Top