Spouse Eligibility - OCI

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EB3_kp

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I received a call from Houston this morning requesting some further documentation for my Wife.

I was born in India and held an Indian passport and married my wife who does not have an Indian passport.

I applied for PIO cards for both of us and we got them a year ago.

I recently applied for OCI for both of us and Houston finally acknowledged the application but this morning they called asking for a copy of my wife's Indian passport. I told them she doesn't have an Indian passport, then they said they need some sort of Indian connection like father's Indian passport or Indian college degree or Indian property or something.

Am I not correct in saying that she is eligible for OCI by marriage to me? They said all of my papers were in order but they are just waiting on this paperwork to move forward.

I explained that she already has PIO (they have copies of everything) and that she meets OCI eligibility, but they still insisted that they needed it as the Officers are all different and the more information the better.

I can try and get them her father's degree from India but these docs are heard to find.

Is she not eligible by default?

Thanks
 
Unfortunately the way OCI is set up, she is not eligible just on the basis of being the wife of a former Indian citizen. She has to establish her Indian origin through her parents or grand-parents (only if they were Indian citizens at some point).

-KM
 
PIO and OCI cards have different criteria. One can get PIO card for american born son (While parent is an Indian citizen/GC holder) but can not get him OCI unless he/she gets OCI first

Think of PIO as long term visa with less restrictions for People of Indian Origin (Who are not citizens of India)
 
They asked if I could send her father's education certificate from India, and he did study in India. Would that pass ?
 
Since the Hosuton office told fathers India degree will work, I am sure they will accept it. Get a copy and fax to them soon. Always if they need some new document, you can send them later. I am assuming your wife was born outside india and never possessed Indian passport. As I understand OCI is meant for people like this also to feel a new connection to India.
 
How did she get PIO.I would think they need copy of Indian passport as well for that.Since you are reluctant in sharing your wife citizenship.There are folks from few countries who are ineleigible for OCI even if they are married to Indians/USA.Like my status.My wife was once a Pakistani citizen.She has never been there and spent all her life in States.But she is not eleigible for OCI/PIO.I think it is China/Bangladesh,Nepal and Pakistan.
 
She not one of those, she is from the Caribbean. Her roots are Indian but her parents were born in the Caribbean also. She got the PIO based on marriage to me, I was born in India.

Let's see what happens ....
 
Any applicants for OCI are based on their own qualifications not spouses.Only PIO I belive gives you that option.But if I am wrong please do post.
 
OCI for Spouse & Kid

I'm applying for OCI for my Son. He has a US passport and I have an Indian passport and my wife has a European passport. Both of us have GC

1. Do I need to send both mine and my wife's passport?
2. Is my wife eligible for OCI?
 
JustLCed said:
I'm applying for OCI for my Son. He has a US passport and I have an Indian passport and my wife has a European passport. Both of us have GC

1. Do I need to send both mine and my wife's passport? 2. Is my wife eligible for OCI?
Click to expand...
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A)No for OCI one of the parents have to be US Citizen.You need to apply for PIO for him.
B)Yes.Based on you .
 
The OCI FAQ says " if both parents are _NOT_ Indian passport card holders, the child will be eligible for OCI
Isn't this correct?
 
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