can a tourist in india apply in new delhi for I-130?

[simps 2]

i am in india and am planning to marry my fiance soon. can we apply for I-130 from new delhi via direct consular processing in order to make the process faster? i am only here on tourist visa. i dont have a residence here. is it still possible to apply from new delhi directly?

[Cuchita 1]

I think you have to check the consular office or embassy website they should have info there.

Have you been there for more than 6 months? casue in my case yu have to live in the country for more than 6 mos. to apply for a visa for your husband/wife.

[catknit 144]

There are residency restrictions on DCF in India. I believe the minimum is 6 months. I haven't been able to confirm when that 6 months timing starts however - if it's from the marriage date or the date you establish residency. To establish residency based on marriage in India you will need to go to the FRRO office and have your visa status changed from a tourist visa to an X visa.

Try to have your fiance find out exactly what is needed for the X visa to be processed. I want to say I've read cases where you need to prove you were able to marry [easy enough if you've been divorced and have a divorce decree but if you've never been married people have gone to their embassy and notarized/sealed affidavits proclaiming the single status before hand].

[simps 2]

There are residency restrictions on DCF in India. I believe the minimum is 6 months. I haven't been able to confirm when that 6 months timing starts however - if it's from the marriage date or the date you establish residency. To establish residency based on marriage in India you will need to go to the FRRO office and have your visa status changed from a tourist visa to an X visa.

Try to have your fiance find out exactly what is needed for the X visa to be processed. I want to say I've read cases where you need to prove you were able to marry [easy enough if you've been divorced and have a divorce decree but if you've never been married people have gone to their embassy and notarized/sealed affidavits proclaiming the single status before hand].

as far as i can tell from other sections of this forum they said it was three months. is it really worth waiting three months in india to go there and apply when it may only take 6 months to get it from usa?

[catknit 144]

I think there is a 3 month option only based on a family emergency, there is a thread about it in the Embassy forum I beleive. Unfortunately the Consulate's website isn't super clear on that:

http://newdelhi.usembassy.gov/uscisi130pet.html

I know that this page from the embassy specifically states you need the forms from the FRRO office showing you are now a resident of India. Again, I don't know what date it would be based off of - like if on the forms you can state I've been in India since day X or I got married making me a resident on date Y or if it's that your residency starts on the date the FRRO office approves the form. It appears that merely being in India on a tourist visa is not enough.

I'd email the Consulate - be very specific in the email. You will get an automated message back to begin with. After a few days you should get a personalized message back that will be full of canned answered that may or may not answer your specific question. Reply back to that message [showing their 1st response] outlining your questions again - the 2nd personalized message back seems to contain better and more informative information - at least that's the experience I've had with New Delhi. I'd say visit or call, but there is something to be said about having whatever their answers are in writing.

As to taking 6 months applying from the US - that depends on so many factors. I'm sure you can find people her on vj who have had that experience however the truth of the matter is your going thru India and it's considered a high fraud post. People get hung up all the time with requests for more info or AP for security checks. And that's assuming your petition makes it thru the USCIS portion of this journey quickly without any hitches, or thru NVC without problems.

I'd do as much research as possible and then do what makes sense if your specific case. Are you willing to stay in India for the next 6+ months? Will you have issues with financial sponsorship end of things [meeting the poverty level guidelines on income or having sufficient assets] or will you need to find a co-sponsor? On the other hand, will you be ok with being separated for an extended amount of time if you file from the US? Look at all your options and do what you think is best for you...

[DanielParul 50]

A person on visitor visa cannot apply for DCF. You will need to show residency in India to be eligible for that. Call the New Delhi Consulate at 2419-8000 extn 8475 or 8506 to find out the requirments for filing in Delhi.