I-130 filing in Delhi requirement

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boy1980

Registered Users (C)
I would like to know the requirements to file I-130 in Delhi,India. Particular questions below

1. What is the minimum stay period required in India to be eligible to file I-130? What documents are required?
2. Is there any exception for the period of stay in India? like If I say to the consular in India that my Job doesn't provide me more than 2 weeks timeoff.
3. Is it better to file I-130 through an attorney? Is this possible?

Thank you
 
1) Well you need to establish residency first which I believe takes 3 months- but you also need to make sure you have a valid Indian visa, a Registration Report and Residential Permit.

Evidence of Residence
Proof of such residency will include a U.S. passport with an appropriate long-term, valid Indian visa and a Registration Report and Residential Permit issued by the Foreigner’s Regional Registration Office (FRRO) of the Government of India. Additional evidence should include, but is not limited to, on-going employment in India, taxes paid in India, rent/property receipts, and utility receipts in India.

http://newdelhi.usembassy.gov/uscisi130pet.html

2) Considering that you obviously will have to be living in India, then I dont see why having limited time off will be a problem. Or do you mean, that the most time off you get in the US is 2 weeks and therefore wont be able to meet the Indian residency requirements? If the latter is the case then you are not eligible for DCF and instead must file the petition via a service center in the US.

3) If your case is straight forward, then there is no need for an attorney.
 
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