cancel K1 Petition and apply for DCF in abroad

[gurdip 0]

Hi there I am new to this site, I am US citizen and my fiance from India, and I am indian citizen as well, and I had gone thru alot of depresion since, me and my fiance got engaged 1 year ago in india, and I apply for her fiance visa about on july 10 2006, and due to new IMBRA law the process is very very slow, and they said they still processing Feb cases, and it will take 3 to 4 more months when they will work on my case, and its very hard to wait apart from my love fiaince, so I decided to go to india to stay with her until the petition process, but we cud not live together until we get married, so we planning to get married in india when I go there, and I am afraid if that will be Immigration law breaking process will I be in any kind trouble, if I got married, I want my fiance to be in usa ASAP, so I heard about the DCF process from this site, I wondering, since we already planning to get married, so will it be good idea to cancel the Fiance pettition on this point and for the DCF process without any Law breaking or trouble? please if anybody have good knoledge about immigration please help me out, I am so worried and all these days spenting in depression.

THanx

gary

[meauxna 15]

Hi there I am new to this site, I am US citizen and my fiance from India, and I am indian citizen as well, and I had gone thru alot of depresion since, me and my fiance got engaged 1 year ago in india, and I apply for her fiance visa about on july 10 2006, and due to new IMBRA law the process is very very slow, and they said they still processing Feb cases, and it will take 3 to 4 more months when they will work on my case, and its very hard to wait apart from my love fiaince, so I decided to go to india to stay with her until the petition process, but we cud not live together until we get married, so we planning to get married in india when I go there, and I am afraid if that will be Immigration law breaking process will I be in any kind trouble, if I got married, I want my fiance to be in usa ASAP, so I heard about the DCF process from this site, I wondering, since we already planning to get married, so will it be good idea to cancel the Fiance pettition on this point and for the DCF process without any Law breaking or trouble? please if anybody have good knoledge about immigration please help me out, I am so worried and all these days spenting in depression.

THanx

gary

Gary, time to Cowboy Up. If you change plans now, it's quite likely you'll make more delay for yourself.

Why didn't you petition for her right after your engagement ceremony?

First: NO, despite what many of your friends will/have tell you, you MAY NOT get married in India and have her come here as a fiance.

Next, you can NOT file DCF for a spouse in India unless you have been regularly resident there for +6 months.

If you do that, you will likely not have a US income and will have a problem with bringin her anyway.

You didn't mention the option of going there, living there and waiting with her but NOT living together or being married. I don't know if that is an option for you, culturally.

I don't know why you waited so long to file your petition, but from what you've written, your depression is self-induced? The process is not slow because of IMBRA, by the way.

If you have some way you can go and live in India for the coming 10 or so months and can maintain your US domicile and income, please let us know.

[gurdip 0]

Hi there I am new to this site, I am US citizen and my fiance from India, and I am indian citizen as well, and I had gone thru alot of depresion since, me and my fiance got engaged 1 year ago in india, and I apply for her fiance visa about on july 10 2006, and due to new IMBRA law the process is very very slow, and they said they still processing Feb cases, and it will take 3 to 4 more months when they will work on my case, and its very hard to wait apart from my love fiaince, so I decided to go to india to stay with her until the petition process, but we cud not live together until we get married, so we planning to get married in india when I go there, and I am afraid if that will be Immigration law breaking process will I be in any kind trouble, if I got married, I want my fiance to be in usa ASAP, so I heard about the DCF process from this site, I wondering, since we already planning to get married, so will it be good idea to cancel the Fiance pettition on this point and for the DCF process without any Law breaking or trouble? please if anybody have good knoledge about immigration please help me out, I am so worried and all these days spenting in depression.

THanx

gary

Gary, time to Cowboy Up. If you change plans now, it's quite likely you'll make more delay for yourself.

Why didn't you petition for her right after your engagement ceremony?

First: NO, despite what many of your friends will/have tell you, you MAY NOT get married in India and have her come here as a fiance.

Next, you can NOT file DCF for a spouse in India unless you have been regularly resident there for +6 months.

If you do that, you will likely not have a US income and will have a problem with bringin her anyway.

You didn't mention the option of going there, living there and waiting with her but NOT living together or being married. I don't know if that is an option for you, culturally.

I don't know why you waited so long to file your petition, but from what you've written, your depression is self-induced? The process is not slow because of IMBRA, by the way.

If you have some way you can go and live in India for the coming 10 or so months and can maintain your US domicile and income, please let us know.

Well I didnt apply right after engagement because I didnt aware that If I am eligble to bring her over here, since I had very less bank balance, and then my fiance told me that her uncle working in india embassy who could help us to bring her to usa, so we left all on him and set back relaxed, and after 7 months, we found out that uncle couldnt do anything for us since I had to file petition and a sponsership in oreder to bring her in usa, from their our stress started more, so I start searching around about K1 cases, and I found that only the yearly income and some propery assest will work to bring her here, I have $400,000 house property here in usa sharing with my family, so then I decide to file my own here, since then I file 2 months ago, and my yearly income is also now about 22 thousands, and about getting married in india, my recent friend just got married in india about 2 months ago, she told me that, rite after her marriage they apply at indian embassy and in about 3 months her husband interview date come, and all other my friend who married in india they apply there and their husband/wife come to usa withing 3 months, I read online that you only have to residence for 2 or 3 months in order to apply for DCF, so my main point was that If I go to India and I canceld my fiancee petition and then I apply for DCF will that be legal or Inlegal, I am really afraid to get in any trouble. my main reason to go india and stay with my fiancee is our love, and we already wait 1 years, its hard to wait alone now, so I decide go to india and wait 4 approvel their, since DCF was quicker then fiancee petition, so I decided to go for that, but I wasnt aware of the process for all that, that why I need help to find out, how to cancel the petition and file for DCF. Will it be wise decision to do that?

[meauxna 15]

OK, my suggestions:

Read the DCF Guide so that you know of what you speak.

Scroll through the first 40 or so posts in this forum and you will find some Delhi experiences. There is a post with links to the official Delhi site and instructions.

Use the Search feature to find more posts of people's experiences.

Read the Delhi Embassy information on filing I-130 there and see if you qualify.

I will warn you that the process changed in Delhi in July 2006. If you know someone who did DCF BEFORE that date, the filing rules were different and it does not matter what they did--that is not how it is now.

The new rules call for 6 months real residency, with the right visa stamps and registration papers.

If you still want to comply with the rules for DCF, you can go there, get married, cancel your I-129f petition and file a new petition I-130 when you are eligible.