United States Visa!

[ken86 0]

I am a 22 year old American citizen living in India for the last 3 months and need to get a visa for my husband who I met in the United States in December of 2007. My husband was on a student visa in 2007 and due to family issues had to return to India just a few short months after our marriage. I came to India on August 23 2008 and didn't realize my husband would have so many problems getting back to the United States. We wen to the United States Embassy 3 times to retrieve Information on what we should do. They told me to stay 3 months and establish residency and then I could apply the petition for my Husband. We have a daughter waiting in the United States and need to return quickly please if anyone has information please reply as soon as possbile.

[Saddle Bronc 124]

http://www.visajourney.com/forums/index.ph...om&page=dcf

[MargotDarko 0]

I'm very sorry to hear about your situation. Unfortunately, there really is nothing you can do until you've been resident in India for 90 days. Can your daughter go there or is she in school?

Fortunately though, the residency required in India before filing the I-130 is so much less than everywhere else where you need to be resident for six months before you can file. After you're resident in India for 90 days, you can file the I-130 petition. Once it's approved, then he can apply for the visa.

If you are simply unable to live in India for 90 days, you would need to file the I-130 petition at a service center in the US, and the visa process will take much much longer and you two would be separate for months. So I would only do that if you have to.

EDIT - Wait... you say you've already been India for three months. I thought they took petitions in India after 90 days residence. Or have you not been back to the embassy since having been resident for three months? Once the I-130 petition is taken and being processed, you can return to the US and he can follow when he gets the visa.

Edited November 10, 2008 by MargotDarko

[pushbrk 12,898]

I'm very sorry to hear about your situation. Unfortunately, there really is nothing you can do until you've been resident in India for 90 days. Can your daughter go there or is she in school?

Fortunately though, the residency required in India before filing the I-130 is so much less than everywhere else where you need to be resident for six months before you can file. After you're resident in India for 90 days, you can file the I-130 petition. Once it's approved, then he can apply for the visa.

If you are simply unable to live in India for 90 days, you would need to file the I-130 petition at a service center in the US, and the visa process will take much much longer and you two would be separate for months. So I would only do that if you have to.

EDIT - Wait... you say you've already been India for three months. I thought they took petitions in India after 90 days residence. Or have you not been back to the embassy since having been resident for three months? Once the I-130 petition is taken and being processed, you can return to the US and he can follow when he gets the visa.

"In" and "residence in" are not the same thing.

Start with the Guides here to learn about your options. You certainly may return to the US without your husband.