IR-1 vs K3 Visa from Delhi - DCF Filing

S

sridhy

Registered Users (C)
Hi,

I got my US citizenship 2 weeks back and now am filing for 1yr employment visa to India. Since 1yr am working from Mumbai location on GC. I heard, I can file for visa for my wife in India through DCF, Delhi. I have few questions. Please let me know your suggestions.

1. Which one I have to select ? IR-1 or K3 ?
2. What is the processing time for each visa in India if I go through DCF route.
3. My assignment will over by June 30th 2010. I would like to bring my wife along with me at that time. So, which visa is good to file ?
4. Do I need (i.e US Citizen ) police clearance certificate etc from USA ?


Rgds
Sri
 
sridhy said:
1. Which one I have to select ? IR-1 or K3 ? You can choose either. IR-1 is the better visa, though K3 is the quickest.
2. What is the processing time for each visa in India if I go through DCF route.Not sure about India specifically, but it appears that the average DCF processing time is around 6 months. However, you can not do K3 through DCF.
3. My assignment will over by June 30th 2010. I would like to bring my wife along with me at that time. So, which visa is good to file ? If youre doing DCF then you cant do K3. Just file I-130 which will turn into an IR-1 when it is processed via DCF.
4. Do I need (i.e US Citizen ) police clearance certificate etc from USA ? Im not 100% sure on this but Im guessing no. I filed via a K1 visa and no police clearance was needed from inside the US since the US does their own check (it was needed for other countries Id resided in though I was the beneficiary), though Im sure if my assumption is wrong someone will be able to help you out further with this.


Rgds
Sri
Click to expand...

Hope that helps

:)
 
Last edited by a moderator:
A1: IR-1
A2: For DCF, I will guess 3 to 4 months. Contact the consulate to be 100% sure.
A3: Right now
A4: No

sridhy said:
1. Which one I have to select ? IR-1 or K3 ?
2. What is the processing time for each visa in India if I go through DCF route.
3. My assignment will over by June 30th 2010. I would like to bring my wife along with me at that time. So, which visa is good to file ?
4. Do I need (i.e US Citizen ) police clearance certificate etc from USA ?
Click to expand...
 
i have a question,

if shridy is working in india, if his company is american can india be considerd as his residence, as DCF in this case of for an american citizen who is residing in india. (if he is working for a company based out in america, isnt america to be considerd as his residence even though he is working in india, as being abroad and working for an american company counts towards your eligibility criteria for maintaining residential status and not having them consider you as abandoning residency) Residing in india implies that the candidate has or is spending significant time in inida (under our case of discussion) but he got naturalized recently, so i dont think his residence in india prior to his naturalization can be counted towerds his eligibility for DCF, sorry to be a party pooper, if so what is considerd as a significant time spend in india to prove that you are an american citizen residing in india to go for DCF.

any inputs on this ?
 
Last edited by a moderator:
That is not neccessarily true. The criteria is much stricter than what you have assumed.

sreeleshk said:
isnt america to be considerd as his residence even though he is working in india, as being abroad and working for an american company counts towards your eligibility criteria for maintaining residential status and not having them consider you as abandoning residency
Click to expand...
 
Hi,

To get clarity on the 6 months requirement for filing, I have sent out an email to Delhi embassy as shown below.


To: NDI, CIS
Subject: Re: Petition for Immediate U.S. Relative - Consular Filing - Eligibility Question

Hi,

I got my citizenship on Nov 16th, 2009 and returning back to India on employment visa. After reaching Mumbai, I will be registering with FRRO office. In addition, please note that, since October 1st, 2008, I am staying in India and working for JPMorgan Chase ( holding Green card until Nov 15th, 2009 ). So, am I eligible to file for my wife from Delhi ? Are there any restrictions that, I have to wait for another 6 months to file the petition for my wife ?

Please let me know. I am very much confused at this point.


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Response from USCIS, New Delhi is as follows:

Please be advised that the length of stay in India is not the eligibility criteria – the USCIS at the U.S. Embassy in New Delhi accepts I-130 petitions from U.S. citizens who reside in India . U.S. citizens whose principal residence is not in India , and/or are abroad temporarily as a visitor or on business, must file the petition in the United States . If the U.S. citizen is not eligible to file in New Delhi , he/she should file the petition with the U.S. Citizenship & Immigration Service Center having jurisdiction over their place of residence or last residence in the United States .

You may provide evidence and supporting documentation to meet the criteria. An assessment of eligibility to file in New Delhi will be made after the required evidence and supporting documentation is reviewed.


Sincerely,

USCIS, New Delhi

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So, based on above response from USCIS, it's very clear that there is no need to wait for 3 months or 6 months before filing from New Delhi as USC.

Even though I stayed for 1 yr in Mumbai on GC, that may not count towards an eligibility criteria. But, FRRO office registration should be sufficient to file from Delhi. Today, I got my 1yr employment visa in NY.

Thanks.
sri
 
thnaks alot ,
actually i had been seeking similar information and clarification, when i mailed the consulate they just sent me a statement that defines the catagory of visa unfortunately. i wish you the very best. please let me know , how it goes, as i am to do the same thing in february. any idea of how much time it would take now adays ? from DCF to actual visa being approved ?
 
I think it will take 3 to 4 months in this way. See below link for details steps. This guy filed recently from Delhi in August and got on Oct 26th i guess.

http://www.visajourney.com/forums/index.php?showtopic=226360

It depends on how fast u r submitting the paper work for packet 3, 4.....etc.,

Before that, you have to ask the immigrant to get the police clearance certificate (i.e the beneficiary ). For sponsor, PCC is not required for the period which he was in USA.
 
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