I-130 in US or India?

[Humtum 0]

I am naturalized US Citizen for past 3 years. I am getting married to my fiancee in India later this year. I live and work in US. I heard DCF is expedite way to get I-130 done. My question is can I apply for I-130 in India while I am in India ( I shall be in India for 30-45 days)to get married?

Edited May 26, 2010 by Humtum

[Darnell 8,478]

You must meet 'residency requirements' in India first, before filing for DCF.

Since yer new, I'll direct you the DCF guide --> http://www.visajourney.com/content/dcf

(click the link, have a read? )

as to 'what yer heard' - ya, it is - but there are caveats and requirements. Invite you to learn what they are, soonish..

Good luck !

[Bernie C 24]

That will not be sufficient to meet the DCF requirements for India.

Go to the New Dehli US Embassy website and read up on the requirements. I copied the info below from their site. I don't think a 30-45 day visit is going to do much for you in relation to trying to DCF. Better plan on CR-1 processing.

The U.S. Citizenship and Immigration Services 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 you are not eligible to file in New Delhi, you should file the petition with the U.S. Citizenship & Immigration Service Center having jurisdiction over your place of residence or last residence in the United States. Lawful Permanent Residents must file the petition in the United States.

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.

United States Citizens may file their petitions between 09:00 a.m. to 12:00 p.m. on all normal business days i.e. Monday through Thursday. The Petitioners must comply with the filing requirements of this Office.

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

[Humtum 0]

Thanks Darnell for the link. Before posting my question I did read that. Residency requirements are sort of not really clear. As it says

*****In most cases permanent residence abroad must be legally established for a period of six months prior to submitting an I-130 petition (reference).

*****Note: There may be a few rare cases where a non-resident US Citizen overseas may be able use the DCF procedure.

The reason I posted my question so I can learn if someone inpast tried to do DCF even staying in US and what experience he/she has.

Thanks Again

[Humtum 0]

Thanks Bernie C for your reply.

Just curious what is CR-1 processing?

Never mind...got it here

http://travel.state.gov/visa/immigrants/types/types_2991.html

Edited May 26, 2010 by Humtum

[Ready2Kl 1]

I am naturalized US Citizen for past 3 years. I am getting married to my fiancee in India later this year. I live and work in US. I heard DCF is expedite way to get I-130 done. My question is can I apply for I-130 in India while I am in India ( I shall be in India for 30-45 days)to get married?

Currently with IR1/cR1 being faster even when you apply the I-130 in USA, you probably wont save a lot of time by doing DCF. You will average atleast 4-5months even for the DCF.

[Darnell 8,478]

So- what did you decide to do ?