:-( Need Help!!! Haven't heard from Embassy... over 3 Months!!!

[alyaa1 0]

Hello Everyone,

I submitted my application I-130 to New Delhi, India consulate at end of January and haven't heard anything from them yet. Today I called USCIS (1-800-375-5283) and they said they don't have any of my information in their system. It makes me worried because even after 2 and half months embassy in India haven't send my documents to USCIS yet.

My question is would foreign consulate send my information to USCIS to get the process started? I read in some other posts that any I-130 submitted is shipped to USCIS and then returned back to foreign embassy. If USCIS don't have my information in their system then does that mean foreign embassy haven't touched my application yet?

Please someone answer me... Thanks in advance.

[sachinky 465]

Unless you qualify for DCF in India, your I-130 would have gone to USCIS stateside and NOT New Delhi.

What have you filed for?

[alyaa1 0]

Unless you qualify for DCF in India, your I-130 would have gone to USCIS stateside and NOT New Delhi.

What have you filed for?

I fired for my wife. I am pretty sure I qualify to file I-130 from India. Besides that what do you mean by I-30 gone to USCIS stateside and not new delhi?

Thanks for the quick reply.

[sachinky 465]

If you are not eligible for DCF, then your I-130 petition would have been sent to Chicago Lockbox and then forwarded on to one of the USCIS centers--Vermont or California.

If you are indeed eligible for DCF, then yes, the petition would have been filed at New Delhi.

May I ask how you came to the conclusion that you are eligible for DCF?

[sachinky 465]

From my limited understanding, DCF petitions are adjudicated by local USCIS offices -- not the ones in the U.S. So no, nothing would be sent there. I don't know if they would have information on your case either.

Maybe if someone moved this thread to the DCF forum, you might get a few more answers.

[Marina-Del 10]

If you give us more information and FILL IN YOUR TIMELINE and things of that nature then we can help you a lot better.

Are you -the USC- in India...or what?

[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.

Alyaa1 you are going to get the same responce everytime you ask the same question over and over again

"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."

This post has been edited by Tommy&Riza: 28 March 2010 - 11:45 PM

[alyaa1 0]

Alyaa1 you are going to get the same responce everytime you ask the same question over and over again

"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."

This post has been edited by Tommy&Riza: 28 March 2010 - 11:45 PM

The reason I did not pay attention to your post was because I know that in India this is not required. Travel agent told us that the requirement is 90 days in India and when we went to New Delhi, they checked my US passpost and said I am elegible to apply. My friend who also got married in India applied 20 days before I did and he already got his I-130 approved last week.

Now moving aside the residence issue, my question was do USCIS suppose to receive my information by now (after almost 3 months)? Just to clarify, I am a US citizen.

[sachinky 465]

Yes, the requirement in India is 3 months. However, you have to be a legal resident of India--just visiting and waiting out the 3 months is not enough.

If your friend applied 20 days before you and got his approved--then yours should be coming right up according to that timeline.

Nothing will go to the US. It will be approved by local USCIS office in India.

[TOM&Riz 4]

The reason I did not pay attention to your post was because I know that in India this is not required. Travel agent told us that the requirement is 90 days in India and when we went to New Delhi, they checked my US passpost and said I am elegible to apply. My friend who also got married in India applied 20 days before I did and he already got his I-130 approved last week.

Now moving aside the residence issue, my question was do USCIS suppose to receive my information by now (after almost 3 months)? Just to clarify, I am a US citizen.

OK well I apologize then, I simply copy and pasted from the DOS adjudicator's field manual with that said is still states ...

In most cases permanent residence abroad must be legally established for a period of...

[alyaa1 0]

Yes, the requirement in India is 3 months. However, you have to be a legal resident of India--just visiting and waiting out the 3 months is not enough.

If your friend applied 20 days before you and got his approved--then yours should be coming right up according to that timeline.

Nothing will go to the US. It will be approved by local USCIS office in India.

We finally got 1st response from the consulate today in India and they scheduled a visa interview date for my spouse!!! I was so worried until now because everywhere I read it said I needed to stay in foreign country for 6 months but thats not the case.

They sent a task sheet that needs to be done before the interview such as medical, police clearance, pay fees, etc.

My question, would it be ok for my spouse to take medical exam one month before the interview day? In the paper it said that "no earlier than 15 days of interview". But our travel agent told us it would be OK to take it earlier than 15 days.

[Filipinawife0210 15]

I would go directly off of the letter from USCIS, and NOT your travel agent. If the letter says NET 15days prior, go 15 days prior. Just my 2 cents.

[Marina-Del 10]

You need to follow the directions of the USCIS/consulate. Whatever they say, goes. Most consulates say that you can take the medical 3-6 months prior to interview, but if India is saying 15 days, then you need to do it 15 days before, or email them and ask if you can do it a month before and see what they say.

And why does your travel agent know all about immigration to the US?