File I130 was not accpected at Delhi US Embassy

[rsan 0]

Delhi petition from 8.30 to 12. Friday, it isn’t open for public. I went to india end of Jan. and went to Delhi US Embassy on 5th of May.

okay. I followed process that my friends followed and got their spouse less than 4 months. I decided to follow the same that is to stay in India for 3 months and apply in Delhi. from Chennai, I went to Delhi to file my petition (with my packet) after 90 days of staying in india. We took a flight on Tuesday night and scheduled to return on Friday night. I went to embassy on wed with lot of happiness and nervousness. We were the 5th of 6 couples. All couples were seated inside the embassy and took us to the office. Each couple was taken one by one for interview. Since we could not talk to couple before us, we went in. I could not believe when i found out that i can not file my petition in Delhi since i was not residing in India and am a US citizen that i need to file my case in Chicago only. Even if she accepts my application, it would be placed in backlog (by priority vise) and it would take year or two to process my application. I explained her that my 3 friends filed it here with same process and their husbands are in US now and one of my friends filed it just September of 2009 and her husband is in US by December. The lady at the US embassy explained she can only accept if I am a US citizen who residing in India or working in India. She gives priority to them first and that I heard rumor. She said so far she accepted one couple who was working in India for two year. I was furious, shocked and confused. As i found out from talking to rest of the 4 couples, one of the couple was asked to come at 2 o'clock to talk officer (when we talked to that lady, the officer never existed and none of other got that info). So we all decided to go at 2pm to see what happens. My husband and I went back to the hotel and talked to couple of agent to figure out what is going on at the embassy. One of agent said to file and get the file number and embassy people just trying scared you guys and told us to file anyway. Another agent told us that he filed for a couple just last month with same method. With determination to file the petition, we went to embassy at two clock and l waited to be called. However us embassy lady refused to see all of us and even if we want to apply in the backlog list, it has to be from 8.30 to 12 tomorrow. Rest of us did not want to any cause problem for a couple who was asked to come. We all exchanged phone no. and decided to wait outside the embassy for the couple to come out to see what they spoke to the officer. It was nearly 3 hours we waited outside; we lost patient and last couple to leave the place. My husband and I decided to try another attempt the next day (Thursday). Still confused, exhausted and trying to find out what is really happening. One of agent called and told us to file in Chicago since he spoke to a lawyer in Chicago. With a lot of confusion, we still went to US embassy, and spoke to the same lady to file our petition. This time she told us that they are following rules very strictly from this year and did not even take our application. I told her that I want to talk to the officer. She came a while later saying officer is busy and thousand of applicant are waiting to be seen today. She asked to try again on Monday (Friday the embassy is closed for public) that is even without any assurance. With a lot of disappointment we left from there, since my flight scheduled on Friday to Chennai and I have to flight back to US on Tuesday. I lost my time, effort, energy, and lastly money. Now I am back to US and filed my petition here at the Chicago lockbox. I am still confused if it just happened only to us.

[trailmix 77]

Sorry to hear you have been through such a hassle, it does state those facts on their website:

How do I apply?

A U.S. citizen resident in India or Bhutan may file the petition, Form I-130, with the USCIS at the U.S. Embassy, New Delhi (mere passage of time is not sufficient to demonstrate residency for petition-filing purposes, see the USCIS website for more details);

and

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. U.S. citizens whose principal residence is not in India, and/or are abroad temporarily as a visitor or on business, must file the petition in the United States.

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.

Edited May 19, 2010 by trailmix

[786india 3]

Sorry to hear that. I went through the same. I went first to Delhi March 8th and I was told that I need at least 3 months to prove my residency in India. So, I went back after 90 days the same lady told me that where I heard that rumor from. I told her that I am an over seas citizen of India as well. She told me I came only to India to get married and according to my passport number this was my 1st visit to India. I told her that it doesn't matter because I stayed over 2 months. She just did not want to accept it and told me to file at Chicago lock box address. There were other couples there as well apparently only one's application was accepted may because the petitioner was a doctor and he traveled to India more often. I wasted my time, money, and effort as well. This is the biggest mistake I ever made. Now I am patiently waiting for NOA2 to come.

[TheJesal 2]

Many of us know couples who have stayed in india for 3 months and were able to bring back their spouses right after.

BUT, when i got married February 2010, rumor was going around that Delhi has stopped offering that option recently and only way to file is from the Chicago lockbox.

Might be true as i havent heard anyone this year being able to do it. Then again this is the first time hearing of it being tried and denied.

[tokyo.lovers 6]

i had a similar experience in tokyo. i was a resident for 2 years. left for only 2 months, then applied directly to the consulate. the clerk was rude and rejected my petition, even though he had the power to take it. then he forced me to send it to the chicago lockbox.

my man could have been here in 2 months, but instead it took 8.

[john_007 0]

We too had the same experience from Delhi Embassay... Now they will not accept the applications from US citizens who is filing tax in USA. They will accept only if we have any tax paid documents in India for the recent year. This was the information I got from embassy lady. I too wasted my 3 months, money.. energy .....

[Neal851 3]

Sorry to say...but our petiotion was accepted on 9th August,2010.