Direct Consular Filing from India

Regarding Update of I-130 and I-864

Dear All,
I'll be glad if you can give me any advice on my issue. I got my citizenship on 6th of April 2005. I filed I-130 for my wife on 2002 as a parmenent resident (GC). It has been approved by department of state and moved my file to national visa center (NVC) on March 26th, 2005. When I found I-130 has been approved, I didn't update I-130. Now NVC has send me I-864 (Support of Affidavit) form, after I had paid a $70 processing to NVC.

Do you think I did a mistake by not updating I-130? If I update I-130 now, do you think it will go under another longer process?

I really appreciate your advice.
Thanks
 
DCF vs K1 fiancee visa

Hi,I have question regarding DCF.I will be a US citizen in 1 month's time[oath ceremony on july 7th].I want to sponsor my fiancee in India who is finishing her studies.And as indicated on this forum,the fastest way is to go to India,marry, go to Delhi and file for DCF.But what happens if they reject your application? We would be stuck.So then, we would have to file I-130 and K3.And also b'cos we are married we cant file for K1.That would then be a long process then.
So my question is ,if we first file for K1 ,if it is accepted then good.But if it is not, can we then apply for DCF after getting married in India?Would this not be a better option than filing for dcf directly? I don't know if they allow us to file for dcf if your K1 is rejected.Atleast you would be having a 2nd option in this case.
My fiancee still has 7 months of her course in India remaining,so probably I have some time on hand.And have to say that chennai is the worst consulate in India,because they torture people for no reason.
One more thing ,I don't understand ,the priority date for I-130 in TEXAS is Feb2005,wheras the priority date for I-129-f fiancee visa is August2004.That is the fiancee visa wait time processing is 9 months.Plus another 4-5 months time in chennai.That is a very long time.So would it be better if i move to newyork and file from vermont b'cos they are processing march2005 i129-f cases. Will that be a problem?Would they accept that ? If after getting K1, can I move back to New Mexico without any problem?
Any comments would be apppreciated.Thanks everyone for this great forum.
 
rajtheking said:
Hi,I have question regarding DCF.I will be a US citizen in 1 month's time[oath ceremony on july 7th].I want to sponsor my fiancee in India who is finishing her studies.And as indicated on this forum,the fastest way is to go to India,marry, go to Delhi and file for DCF.But what happens if they reject your application? We would be stuck.So then, we would have to file I-130 and K3.And also b'cos we are married we cant file for K1.That would then be a long process then.
So my question is ,if we first file for K1 ,if it is accepted then good.But if it is not, can we then apply for DCF after getting married in India?Would this not be a better option than filing for dcf directly? I don't know if they allow us to file for dcf if your K1 is rejected.Atleast you would be having a 2nd option in this case.
My fiancee still has 7 months of her course in India remaining,so probably I have some time on hand.And have to say that chennai is the worst consulate in India,because they torture people for no reason.
One more thing ,I don't understand ,the priority date for I-130 in TEXAS is Feb2005,wheras the priority date for I-129-f fiancee visa is August2004.That is the fiancee visa wait time processing is 9 months.Plus another 4-5 months time in chennai.That is a very long time.So would it be better if i move to newyork and file from vermont b'cos they are processing march2005 i129-f cases. Will that be a problem?Would they accept that ? If after getting K1, can I move back to New Mexico without any problem?
Any comments would be apppreciated.Thanks everyone for this great forum.

Hi, First of all. You are trying to file for your Fiance. So I believe that you are not married yet. If that is true then the fastest way to do is DCF,India. I dont think so they can reject your file at New Delhi. If you have proper marriage, As indian traditional way. Take your marriage album they want to see that too. Also you are USC so they do treat you better at ND embassy as my personal experience. They can not denide that. For example, When i went to file for my wife at delhi. There was a couple from dont know which state they were from but they didnt have photo when they circule around fire and lady officer ( indian origion ) she told them that their wedding is not real wedding and she heand back all paper and while i was waiting for secuirty guard. she come and talk to me that they reject their file and i ask what did she said. She explain me what happen. I told her that go back and talk to her explain the way wedding goes in yr culture,or society or at your city even though they are india that does not mean every one have common way to get married. so finaly she went there and they have to go through some special officer i mean american and they took their interview and finaly he approved it so some time you have to talk with those people.
But as far as i know if you get married in India and USC do it to New Delhi. Bcz Texas is sucks....for I-130 . Its headech to move file from TX to India.
Good luck.
 
reply

Thanks keyun21 for your reply.So that means the chances of DCF being accepted in India is almost 100%.I am scared of Texas service center as they really take a very long time.So,if all your documents are correct with all the marriage photos then there shouldn`t be a problem.I am from the state of Andhra Pradesh.SO if we get married as per the traditional Hindu ceremony,then are the marriage photos sufficient or do we need to have registered marriage certificate?If yes how do we get it for a Hindu wedding?Also,do your bank balance and financial assets count?Are the chances of acceptance more if you have a good financial status b'cos there is less chance of your spouse being a financial burden?Thanks.
 
anything to be done b4 going to India?

ok, finally, my company agreed to buy me a ticket and let me work in India for 3 months. I am leaving in 2 or 3 days. Should I file anything here b4 I go to India.
I am taking my naturilixation certificate, with me. Anytihng else I need to take?
can I apply for I-130 in Delhi? and how? can i just send it in mail (post it?) or do I have to do it in person? is it the first step? should I go ahead and apply for k3 just in case my dcf doesn't go thro?
thanks a lot.
srinivas :)
 
Employment letter for DCF

Hi,I think DCF would be the fastest way now.We can apply DCF only personally and that too,in very straightforward cases with no complications.I think we should overwhelm them with so much evidence that they have no option.
I have a query regarding the employment letter.It was said on these posts that it was neede to show proof of financial status.I am a student right now,and I am giving my exams ,so I don't have a job now.But I would be joining soon after I finish my exams and get interviews.So will this be a problem at Delhi for DCF?
Rahul has said sometime before on these boards that we can show our bank account to be 5 times more than the poverty line.And because we are a 5 member household[mom,dad,2 brothers and myself] it woould be roughly
22000 x 5= $110000 . If I can show this amount in my bank balance,willl that be ok.In addition to this ,my parents can file as co-sponsors with form I-864A and can show evidence of good financial status and income.Also would it be better to transfer some of the assets on my name or atleast have a joint account with them? So will they accept co-sponsors for a DCF case? Would it then be considered a straightforward case?And thanks everyone for posting their Delhi experiences.I am very worried b'cos of this and also Texas I-129f and I130 take such a long time.Your help would be greatly appreciated.
 
yes you have to take your marriage Certificate with you plus your wedding album too. At New Delhi they will ask you to attach your marriage photos plus True or Notorized copy of your marriage Certificate.ask you wife she probably know how to do that bcz once you married you have to register. Thats a only profe that you gona have it. Also about I-864 you need to have job otherwise they will refused to give your spouse Visa when he/she will attend interview with your sponser. No matter how much Balance do you have in yr account but if you do not have job they will not give visa. so, guys please be carefull when you come back bcz friend of mine when she cam back she did not had job and she send her parents sponser as a co-sponcer and they reject her housband visa. SO meanwhile she found a part time job and get JOB LETTER and send it to her housband and next day he attend embassy again and get visa without any question ask. Plus i heard that they ask you your last 6 month bank statement. SO be carefull or plan well before you use yr parents account or add your name asap. Other then i dont think anyone have any problem with DCF.
Good lukc guys
 
reply

Thanks keyun21.So that means if you dont have a job/employment letter they will definetely reject the visa.But here is a hypothetical question.What if a guy has a job but has only just about enough amount more than the poverty line,like say $18000, and there is another guy who at present does not have a job but has a bank account of say $200,000 and also has a joint sponsor who has a bank balance of say $300,000 ,even then will he be rejected? Because he has $200,000 in his account ,definetely the spouse would not become a financial burden in US. As I am a graduate who is giving his exams,I dont have a job right now.Will they accept that explanation? And if having a job is so very vital,what if you are self employed and you have no employer and so you cant get an employment letter?How do you prove you are self employed?What if I join temporarily for some job so as to get the employment letter?Could my parents or my parent`s friends employ me for me to get that employment letter?And ,as said here,they will also need tax forms for the past 3 years.I filed taxes regularly not on my own but my father filed as a dependent for me as I was studying in India at that tme.So how will all this have a bearing on my case?Is there any place where you can get more info about thiss regarding employment leeters for DCF?I am very worried. Please help.Thanks.
 
Answer to your several Question.
1> what if person dont have job and use bank balance, --- well,,there is page 3 or 4 not sure. where you can show them your Properties Cash Value. you can put home,checking/saving accounts, Cars..ect. that been own by yr dad,,mom or any blood.relatives. And top of that as you told me that yr dad put you as dependent for last recent 3 year Tax Returns. That would be do it.

2> What about self-employe..--- well, for that you have Tax return form, where you shows that you own a business so you not going to a have Job letter.
***also if you read carefully I-846 it says that if you dont met porverty line or dont have job you need to submite co-sponser or for job you need to show them that you pay tax or some of your household member put you for dependent and in yr case your parents. Read the section on that form where they talk about Poverty line.
Good luck
HOpe this will help you little bit more.. :eek:
 
First step to take in India?

I am in USA now, I am going to India in 3 days waiting for my office to book my ticket. I got married last month, whats the first step to take now? I understand that it is applying for I-130. Can it be done thro courier/mail to Delhi or is it better to go in person? do we both (me and my wife)should go there? Do they accept it immeidately? what is full form of NOA? What r these packages every one talking about?
Thank u so much. I learnt a lot from here.
Srinivas
 
I864 and employment

Rahul Kumar said:
As a US Citizen your wait time is much shorter than others. Be at the consulate by 8 or 830 so you can be inside
by 9am at the latest. 12pm is when they stop interviewing


You need to take atleast these docs when you file DCF @ Delhi
-------------------------------------------------------------
I-130
Marriage Certificates (Original)
2 Color photos for applicant,beneficiary . NO SIDE VIEW. 2x2 FRONT PASSPORT SIZE (US STANDARD PASSPORT SIZE NOT INDIAN)
G325a for each of you (4 pages each)
Natz Cert/US Passport
Indian passport (spouse)/Birth Cert/Maybe school leaving cert
Copies of all the above!
Proof of wedding (albums, invitataion card, loose photos to pin with your file etc)


No need for Tax returns
No need for employment letter

Save the above for your I864


------------
I filed an I-130 at the VSC immediately after my wedding (in case I could not DCF for some reason). I stayed 60 days in India for the DCF. In that time the I-130 (VSC)
had not moved so I asked for it to be withdrawn. If you are DCFing dont bother with I-130 from VSC or anywhere else


--------
Total fee = $185. Best way is to carry USD Cash
No more fee on that day


-----------------------
Same day yes. The letter stated that I wanted to withdraw as I filed from Delhi etc.

-------------------------

My wife got Packet 3 in about 3 weeks after we filed
She got Packet 4 a week after Packet 3. Interview is scheduled 2 months from the date of our filing. Is thisfast or what?


Hi Rahul,since you applied to DCF ,I have a query.You say here in this post that you dont need the I-864 and employment letter at Delhi consulate,but you need it later?Later meaning ,when your case is sent to chennai or when your spouse comes to US?Also is an employment letter an absolute must for DCF?Or is it enough if you show if you have enough financial assets and bank balance?Also will they accept a co-sponsor without creating any problems?Also you had said on an earlier post,that if at present someone is unemployed,then he should show a bank balance of atleast 5 times the minimum poverty line level? My dad fided taxes for me as a dependent all these years as i was studying?Will that have a bearing on DCF?Your help is appreciated.Thanks.
 
while waiting 60 days in India can I work?

Hi, I am USC and I am trying to do DCF to bring my wife asap. My company is sending me to India to their branch, at my request, so I can stay in India for 60+ days. Now, I don't even know if I am allowed to work in India? what do I need to be able to work in India, Will they ask me what I am doing in India when I apply for DCF? will it be a problem? If I say, I am working in Indian branch, and not able to show any papers saying I can work in India, will I be in some big soup?
Or should I just tell my office people to let me go on a vacation without pay? and get into trouble at work, as they already bought the flight tickets.
If I have to get permission to work how long it takes?
If I get a PIO card, then am i eligible to work in India, no papers?
how do I get a PIO card, and how long it takes and where do i get it?
man, this is getting complex and complex.
thanks a lot folks.
srinivas
I still don't know the first step after going to India. Should I just fly to delhi with my wife and apply for I-130? or should I mail it in?
 
Lost

Ok so my wife got her papers today, horray!!!! (Yeah I am just happy :D )

The form that she recieved, DS-230 has 4 pages. Are all the four pages being sent back now or is it being broken down in two parts, like I think it suggests on the forms. Not sure what they are trying to achieve by saying DS-230 part 1 & 2. Please help!

Also does anyone know what the timeline is in delhi consulate? Have seen several posts where the timeline is given for chennai and mumbai, but none for delhi yet.

Thanks
 
proksr said:
Hi, I am USC and I am trying to do DCF to bring my wife asap. My company is sending me to India to their branch, at my request, so I can stay in India for 60+ days. Now, I don't even know if I am allowed to work in India? what do I need to be able to work in India, Will they ask me what I am doing in India when I apply for DCF? will it be a problem? If I say, I am working in Indian branch, and not able to show any papers saying I can work in India, will I be in some big soup?
Or should I just tell my office people to let me go on a vacation without pay? and get into trouble at work, as they already bought the flight tickets.
If I have to get permission to work how long it takes?
If I get a PIO card, then am i eligible to work in India, no papers?
how do I get a PIO card, and how long it takes and where do i get it?
man, this is getting complex and complex.
thanks a lot folks.
srinivas
I still don't know the first step after going to India. Should I just fly to delhi with my wife and apply for I-130? or should I mail it in?

You have to appear with your wife and all the supporting documents, and pictures at delhi consulate to file for I-130. And before they send you off in the USCIS line, they will look at your passport for the 60 day validation.
 
Hi folks,I was thinking of appying for dcf for my would be wife in India.As said here,they need a marriage certificate for this.So for a traditional Hindu marriage,where do we get the certificate from?From the local Municipal authority or is there any marriage registrar division?thanks for your help.
 
You should ask a local lawyer in your town in India where the nearest Registrar's office is...

When you meet with the registrar, they will enter your name in the Hindu Marriage Registry (with family details) and give you as many notarized copies of your registrationg as you need...I got about 5 copies...

Ratrat
 
Hi,I wanted to know if DCF is still on in delhi.Will it be there for another 3 months.I hope so. It seems to be the fastest.And k1 fiancee visa has a lot of hurdles,complex and time consuming.Anyone who recently did dcf at delhi and had interview at chennai?
 
rajtheking said:
Hi,I wanted to know if DCF is still on in delhi.Will it be there for another 3 months.I hope so. It seems to be the fastest.And k1 fiancee visa has a lot of hurdles,complex and time consuming.Anyone who recently did dcf at delhi and had interview at chennai?

As far as I know DCF is still around in India.

Ratrat had her interview (for her husband) recently.
 
rajtheking said:
Hi Rahul,since you applied to DCF ,I have a query.You say here in this post that you dont need the I-864 and employment letter at Delhi consulate,but you need it later?Later meaning ,when your case is sent to chennai or when your spouse comes to US?Also is an employment letter an absolute must for DCF?Or is it enough if you show if you have enough financial assets and bank balance?Also will they accept a co-sponsor without creating any problems?Also you had said on an earlier post,that if at present someone is unemployed,then he should show a bank balance of atleast 5 times the minimum poverty line level? My dad fided taxes for me as a dependent all these years as i was studying?Will that have a bearing on DCF?Your help is appreciated.Thanks.

864, employment letter , affidavit of financial support is required at the time of interview i.e before visa is issued. Employment letter is a must if you dont have adequate funds (5 times poverty line approx $17K*5 = 85K). They accept cosponsor.

If you were claimed as a dependant then your income /yr is obviously under 4000$. So if you dont have assets in your name ask your dad or someone to co-sign
 
rajtheking said:
Hi,I wanted to know if DCF is still on in delhi.Will it be there for another 3 months.I hope so. It seems to be the fastest.And k1 fiancee visa has a lot of hurdles,complex and time consuming.Anyone who recently did dcf at delhi and had interview at chennai?

ShrenikIsCool did DCF for his parents a very short while ago. My friend will be attempting DCF in September - he emailed New Delhi Consulate and they said "sure, no problem".
 
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