India DCF Question

[MrsAyilliath 0]

Now that things are changing a bit for the DCF in India as of June 1, I'm a bit confused about what would constitute being a resident. Hubby and I are renting a place and I thought I would only be able to stay two months but recently found out I can stay longer. Does the fact that I have a place, a bank account, and utitilies etc there in India constitute residency?

Also when filing DCF, will I be able to come back to the U.S. for a few weeks here and there until the process is complete? I have a business here that I will need to check in on from time to time but I don't want to jeopardize the opportunity to file DCF. I have emailed the consulate in India but the answer I got back had absolutely nothing to do with the questions I asked nor have I been able to get anyone on the phone.

Any advice would be appreciated.

Thanks.

[sadie33138 0]

Now that things are changing a bit for the DCF in India as of June 1, I'm a bit confused about what would constitute being a resident. Hubby and I are renting a place and I thought I would only be able to stay two months but recently found out I can stay longer. Does the fact that I have a place, a bank account, and utitilies etc there in India constitute residency?

Also when filing DCF, will I be able to come back to the U.S. for a few weeks here and there until the process is complete? I have a business here that I will need to check in on from time to time but I don't want to jeopardize the opportunity to file DCF. I have emailed the consulate in India but the answer I got back had absolutely nothing to do with the questions I asked nor have I been able to get anyone on the phone.

Any advice would be appreciated.

Thanks.

If you will go to the Delhi Embassy website, Immigrant Visas, USCIS section of FAQ, under Important Notice, it defines what constitutes "residency" in India. Read this from their website:

Contact Information:

U.S. Citizenship & Immigration Services (USCIS)

American Embassy

Shantipath, Chanakyapuri

New Delhi 110 021

India

We can also be contacted via e-mail at CIS.NDI@dhs.gov. Our fax numbers are (Country Code 91) + (City Code 11) + 2419-8730/8347.

IMPORTANT NOTICE:

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

Here is the direct link:

http://newdelhi.usembassy.gov/uscis.html

HTH