Help!!! Question on the length of stay in forein country and DCF.

[alyaa1 0]

Hello, I am a US citizen and I got married and stayed over in India for over 3 months and applied in New Delhi. I submitted my file but now I am waiting for response.

After reading certain posts, it says that I am not elegible to apply through DCF because I have no proof of Indian residency. My question is that if that was the case then how did Delhi consulate accepted my file? Wouldn't they deny me right then after checking my passport or lack of Indian residence evidence?

Someone please explain me because it makes me worried now.

[TOM&Riz 4]

Hello, I am a US citizen and I got married and stayed over in India for over 3 months and applied in New Delhi. I submitted my file but now I am waiting for response.

After reading certain posts, it says that I am not elegible to apply through DCF because I have no proof of Indian residency. My question is that if that was the case then how did Delhi consulate accepted my file? Wouldn't they deny me right then after checking my passport or lack of Indian residence evidence?

Someone please explain me because it makes me worried now.

You are still waiting a responce ? you will be denied and directed to apply at the local lockbox in the US for processing through NVC, filing through a foreign embassy requires legal residency and a minimum stay of 6 months in the foreign country who's US embassy you applied to

Read the guides above and refer to the embassy information

Current DCF procedures state that if a US Citizen lives overseas they may file the I-130 for a foreign spouse, child or parent at the US Consulate / USCIS Field Office governing their place of residence. In most cases permanent residence abroad must be legally established for a period of six months prior to submitting an I-130 petition (reference). In addition, emergency cases, such as life and death of health and safety, and cases determined to be in the national interest can be processed without the residency requirement being met. Examples of family emergencies include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.

Edited March 29, 2010 by Tommy&Riza