Regarding the 3 Months Stay for DCF process

[Kraj.d 1]

Dear All,

My wife is an US citizen and she had got her Residential Permit. She came to India on 22nd August with a multiple entry visa. My query is whether we need to wait till Nov 22, so that she completes her three month stay to apply for DCF or is she eligible to start the process with the residential permit which she have with her right now.

Raj

[k.loveh 0]

Dear All,

My wife is an US citizen and she had got her Residential Permit. She came to India on 22nd August with a multiple entry visa. My query is whether we need to wait till Nov 22, so that she completes her three month stay to apply for DCF or is she eligible to start the process with the residential permit which she have with her right now.

Raj

Hi Raj, this answer was in your other post.

Q. Who can file Form I-130 [Petition for Alien Relative] at the USCIS Office in New Delhi, India?

A. A. U.S. citizen who is a resident of India can file Form I-130 on behalf of his/her spouse, parents and child (less than 21 years old) at this Office. Normally, a Residential Permit issued by the Government of India would suffice as proof of residence in India.

I didn't see anything in there about the amount of time you'd have to be a resident in order to apply, just that you live there and have the resident permit.

Edited October 8, 2009 by k.loveh

[redglasses 1]

She is not eligible for DFC until she meets the 6 months residence requirement.

[k.loveh 0]

She is not eligible for DFC until she meets the 6 months residence requirement.

It does not say minimum of 6 months.

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.

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.

Source:

US Embassy, Delhi

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

[txladykat 1]

Actually, it is 6 months, and that is not based on a Consular decision, it is the law.

9 FAM 42.41 N4.2-3

c. The only conditions under which petitions may be filed at post are:

(1) The petitioner is a resident of the consular district. The petitioner

must have maintained continuous residency in the consular district

a minimum of the preceding six months in order to demonstrate

residency. You may accept Form I-130 petitions from U.S. citizens

who reside in your jurisdiction and have done so for the previous

six months. U.S. citizens whose principal residence is not in the

consular district, and/or who have entered the consular district as a

temporary visitor/student/or with limited leave to enter and remain

must file the petition with the appropriate USCIS service center in

the United States.

Here is the link to where that text comes from: http://www.state.gov/documents/organization/87842.pdf

Edited October 12, 2009 by txladykat

[Kathryn41 3,205]

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