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ladybird2

Can I file I-130 from Delhi US Consular office?

By ladybird2 in K-3 Spouse Visa Process & Procedures

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ladybird2 Newbie

ladybird2   0

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Filed: Country: Afghanistan
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I am new so shall make this as detailed as possibles.

I am an American citizen in India on a 10-year tourist visa. I am married to a citizen of Afghanistan. We met online two years ago. I travelled to Kabul and we got married. We then lived in India for a couple of months, and I became pregnant. I returned to the US to have the baby. My parents did not want me to travel back to India until the baby was a year old.

I am now in New Delhi. I live in Hawaii, Before travelling to India, I contacted USCIS office in California about filing an I-130 for my husband and was told if I was planning to go to India for an extended period and thus giving up my residence in Hawaii, that I should file the papers from the US Embassy in India. I looked at the New Delhi website for the US Embassy in India, and it said I would require a a resident permit from the registered office.

On Oct 6, I arrived in India to meet with the my husband who is in India on a 3-month tourist visa from Afghanistan. He had never seen his baby daughter as we were unable to get a tourist visa for him to travel to the US, so India was the only place we could be together.

We went to the FFRO office for a resident permit and were told that I could not get a resident card on a tourist visa.

I am very frustrated and concerned that if my husband returns to Afghanistan that he may not be able to leave again, as they are talking about instating a draft for all men into the military for a period of two years.

My questions are if I apply for a student visa from the US will I then be able to receive a resident permit for India and be able to file the I-130 from the consular office in New Delhi?

If my husband applies for a student visa and stays in India with me, will he still be able to have his visa processed at the consular office in India?

I know now that filing from the US is still an option, but it will then take about a year and a half before we can be together living in Hawaii.

Does anyone have any answers or advice.

Thanks so much

 
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