DCF in India,but staying out of India

[rsda 0]

DCF

I am US citizen and planning to get married . My fiance is Indian citizen studying in UK, and will be taking job in Asia/UK since we are late for US work visa (K1). I have following questions:-

1)CAn I file DCF from India (as he is indian citizen), but stay with him outside India (ex UK/Singapore) while I fill my DCF requirement.

2)Or Do i have to stay in INida for 3-6mths to fill residency req? I am totally confused if they count staying w/ spouse impt(in different country) or maintaining residency ? since in my case my spouse will not be in his country.

I thought the whole point of DCF is to stay out of USA for 3-6mths. If my spouse wont be staying in india,then how can i fullfill residency requirement. Pls quide

3)DCF seems to be quicker then K1/K3. Is it true ?

Thanks for your help

Regards

Rsda

[YuAndDan 153]

1) There is a 6 month residency requirement that the US citizen must meet before the consulate will accept the petition, the US citizen MUST be resident in the counselor district where the petition is being filed.

http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm

2) SEE number 1 above.

3) Yes, it is quicker because it bypasses USCIS.

[Dr. Obvious 49]

3) Yes, it is quicker because it bypasses USCIS.

No it doesn't. You file the I-130 with the USCIS field office in your consular district. Your petition still has to be approved by USCIS. This can take anywhere from a few days to a few months.

Yes, you do have to stay in India for the correct amount of time and have the proper Indian residency permit before you can file. If you want to live with him/her in another country, you may file DCF there too, but you must also meet the residency criteria that the USCIS field office sets which varies from country to country.

[rsda 0]

3) Yes, it is quicker because it bypasses USCIS.

No it doesn't. You file the I-130 with the USCIS field office in your consular district. Your petition still has to be approved by USCIS. This can take anywhere from a few days to a few months.

Yes, you do have to stay in India for the correct amount of time and have the proper Indian residency permit before you can file. If you want to live with him/her in another country, you may file DCF there too, but you must also meet the residency criteria that the USCIS field office sets which varies from country to country.

Thanks for your reply. So you (wacken) are saying that I can stay in another country (other than india) and fill DCF residency criteria for that country. For instance,if i stay in singapore(according to there rules),i can file DCF from singapore indian consulate office. Hope i am making sense.

Pls tell..thanks

[YuAndDan 153]

3) Yes, it is quicker because it bypasses USCIS.

No it doesn't. You file the I-130 with the USCIS field office in your consular district. Your petition still has to be approved by USCIS. This can take anywhere from a few days to a few months.

Yes, you do have to stay in India for the correct amount of time and have the proper Indian residency permit before you can file. If you want to live with him/her in another country, you may file DCF there too, but you must also meet the residency criteria that the USCIS field office sets which varies from country to country.

Thanks for your reply. So you (wacken) are saying that I can stay in another country (other than india) and fill DCF residency criteria for that country. For instance,if i stay in singapore(according to there rules),i can file DCF from singapore indian consulate office. Hope i am making sense.

Pls tell..thanks

You file the DCF to the US consulate in Singapore. Your spouse will need to get police certs from India, UK, and wherever else he has lived for periods over 1 year since age 16.

[Mohgli 0]

YuDan

get your facts right before you present information to the folks. For one India has a USCIS office hence doesn't follow the state department mandate. It sets its own rules for the residency requirements.

with regards to police certificates, Indian consulate might be able to assist in getting the necessary police clearance, etc.

Rsda

well I would recommend sending an email to the section of US consulate/embassy that handles these cases.

best of luck

M

3) Yes, it is quicker because it bypasses USCIS.

No it doesn't. You file the I-130 with the USCIS field office in your consular district. Your petition still has to be approved by USCIS. This can take anywhere from a few days to a few months.

Yes, you do have to stay in India for the correct amount of time and have the proper Indian residency permit before you can file. If you want to live with him/her in another country, you may file DCF there too, but you must also meet the residency criteria that the USCIS field office sets which varies from country to country.

Thanks for your reply. So you (wacken) are saying that I can stay in another country (other than india) and fill DCF residency criteria for that country. For instance,if i stay in singapore(according to there rules),i can file DCF from singapore indian consulate office. Hope i am making sense.

Pls tell..thanks

You file the DCF to the US consulate in Singapore. Your spouse will need to get police certs from India, UK, and wherever else he has lived for periods over 1 year since age 16.