Process for filling I-130 in Delhi India

S

Sarb

New Member
Hi,
I am US citizen and filing I-130 for my husband who is India. I was going to file I-130 from India. I was aware of the 60 days stay rule. Recently by going to Embassy's website I noted the below bulletin posted by Immigran Visas. I will not meet 60 days by May 31, 2006. I am unclear on the new rule, please see below! Can anyone help me clarify the new change. Does anyone know whats considered long-term?
Sarb

IMMIGRANT VISAS
Citizenship & Immigration Services

Effective July 4, 2004, U.S. citizens who wish to file an I-130 (Petition for Alien Relative) for their immediate relative must provide evidence that they have resided in India for a minimum of 60 days immediately prior to the filing of the petition. This requirement ends on May 31, 2006.

Effective June 1, 2006, U.S. citizens who wish to file an I-130 (Petition for Alien Relative) for their immediate relatives must provide evidence that they are residents of India. 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 Foreigners Registration Office (FRRO) of the government of India. Additional evidence may include, but is not limited to, on-going employment in India, taxes paid in India, rent/property receipts, and utility receipts.

United States Citizens may file their petitions between 9:00 AM and 12:00 Noon on all normal business days.

United States Citizens MUST BE PRESENT to file their petitions. If a United States Citizen is filing for a spouse, it is required that the spouse also appear so that immigration officials may ask any questions necessary for the adjudication of the petition.

Applicants who do not meet the above residency requirements must file their petitions in the United States with the Service Center having jurisdiction over their place of residence. The address for the Service Centers can be found on the petition or on the website at
 
From what I understand it will get tougher for a USC to file an I-130 for the spouse in the foreign country. Earlier, there was a rule that required that you must have stayed in the foreign country along with your spouse for at least 60 days before you could file an I-130 on the immigrant's (spouse's) behalf... however, starting Jun 1, 2006 staying in the foriegn country for 60 days would not be sufficient.

Starting Jun 1, 2006, you will need to show that you have registered with Foreigners Registration Office (you don't have to register if you are visitng for 6 months or less, but if you intend to live in India for a longer period - you are required by the govt of India to register - these conditions are usually also printed on your visa), besides, your visa should be a long term (I think visitor visa will not qualify for this).

The above two will be mandatory requirements. However, you may bolster your claim by showing evidence of an on going employment, rent and utility receipts, etc (as mentioned in the bulletin).

Hope this helps. Good Luck.
 
Do you have more info on DCF at Delhi

Wondering about new experience for filing for DCF by US citizen for spouse since the rule change on June 1, 2006 for Indian residency. Do you have new info. The US Embassy New Delhi website says 60 day stay is not required, but the USC petitioner has to be resident of India. Are they strictly enforcing it. Lot of people do not know about it. Here is the link to website discussig new rule
http://newdelhi.usembassy.gov/uscisi130pet.html
Thanks.
 
Guys
I think they made it easy. I think this what you should do

1. While go to india on 5 or 10 year visa
2. go to FRRO with in 14 days tell them you want to stay longer in India more than 6 months then they will register you
3. Place where you live get all the utillity bills
4. Show some source of income in India

I think by using above you will cover all the conditions and apply with in 2 months with all above. Please let me know if this helps as I am also planning to use it.
 
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