K1 refused at new delhi thinking of CR1 DCF now

[RCG 3]

They want you to spend time together, 2 weeks once a year isn't sufficient for some US Embassies, US Embassy in Haiti and Dominican Republic are known to denied people for insufficient trips to beneficiary country.

chats, 100 emails, Skype or phones comes second. Your best ammunition is time spent together in person. If she doesn't flight to India more frequently the result most likely will be the same.

Thanks a lot .. I was thinking the same that if we have more trips to India that would resolve the issue during CR1 right ?

[RCG 3]

Are you positive that the household size would be four? It would be outrageously unfair to penalize someone for living with relatives that they have absolutely no legal obligation to support (unless, of course, your fiance is her sister's and nephew's legal guardian). I would think your household size would be 2, her and you.

The following website explains the rule change that went into effect in 2006. It references the I-864, but I would think that it would apply to the I-134 also.

http://www.nilc.org/immlawpolicy/aosupp/aosupp021.htm

Neither the I-134 form or instructions provide guidance on determining household size. The form simply asks your fiance to list the people who are wholly or partially dependent on her. If her sister and nephew are capable of surviving on their own, I don't see why she would count them just because they are related. I personally would treat them as roommates and list no one as my dependent resulting in a future household of two.

You could also try contacting the NVC and asking them to explain the calculation to you.

Good luck!

Honestly .. no i m not sure how the house hold income is calculated . She makes 2 times the 125 % mark right now , her sister is making close to 26000 right now and her son is still a sweet kid . So at the moment its all ok . The question is if she comes to stay in India and we get married and during the DCF ( if at all we decidide to file the I 130 in new delhi instead of US ) the ask for I-864 what would be the situation then ? because she will be here in India and not earning the 125 %

required . Yes her sister and nephew would be at the same apt , but would her sister not be required to fulfill the requirement of a household of 4 members and sponsor me and my fiance too ... ?

[Bec_Dipu 103]

Honestly .. no i m not sure how the house hold income is calculated . She makes 2 times the 125 % mark right now , her sister is making close to 26000 right now and her son is still a sweet kid . So at the moment its all ok . The question is if she comes to stay in India and we get married and during the DCF ( if at all we decidide to file the I 130 in new delhi instead of US ) the ask for I-864 what would be the situation then ? because she will be here in India and not earning the 125 %

required . Yes her sister and nephew would be at the same apt , but would her sister not be required to fulfill the requirement of a household of 4 members and sponsor me and my fiance too ... ?

Sorry, I missed the post you were responding to. If her sister co-sponsors, then her sister's household size would be four.

[RCG 3]

Honestly .. no i m not sure how the house hold income is calculated . She makes 2 times the 125 % mark right now , her sister is making close to 26000 right now and her son is still a sweet kid . So at the moment its all ok . The question is if she comes to stay in India and we get married and during the DCF ( if at all we decidide to file the I 130 in new delhi instead of US ) the ask for I-864 what would be the situation then ? because she will be here in India and not earning the 125 %

required . Yes her sister and nephew would be at the same apt , but would her sister not be required to fulfill the requirement of a household of 4 members and sponsor me and my fiance too ... ?

my honey - (Previous posts, we are sharing 1 acct) - wants to know what a cosponsor would need to fulfill requirement of. if u read thru requirements of co-sponsor it states the person has to make enough money to support their family and u as a couple, i.e 4 people, above the poverty level. refer to http://travel.state.gov/visa/immigrants/info/info_3183.html

i have assets, but if you don't make enough to the poverty level, they want ur assets to be at least 3x the amt of the poverty level. it gets really complicated if u don't make enough money. i currently make enough, but for me to be able to visit india for 1-3 months, i will have to resign.

[RCG 3]

I understand that she need to be in India for 90 days for filing the Cr1 .

please quote the source, so's I can vette that data. Thanks so much !

I think what my honey is referring to, is that i need to be in india for at least that amt of days before we can file...he is referring to other posts by people (can't remember which website) who only stayed that amt of time in india and they were able to file DCF. If i find the post i will post the link to it.

http://newdelhi.usembassy.gov/uscisi130pet.html

[RCG 3]

I think what my honey is referring to, is that i need to be in india for at least that amt of days before we can file...he is referring to other posts by people (can't remember which website) who only stayed that amt of time in india and they were able to file DCF. If i find the post i will post the link to it.

http://newdelhi.usembassy.gov/uscisi130pet.html

here is the post:

http://www.visajourney.com/forums/topic/275109-cr1-visa-via-dcf-at-delhi-and-chennai/

[DebWa 26]

The way I understand it if the sister is a co-sponsor she would need enough income for 3 people (herself, her son, and the beneficiary). The petitioner does not count as one of the household members of the co-sponsor unless she is a dependent of the co-sponsor.

[TJ 4EVER 40]

Applying for the DCF would address the situation of the lack of evidence but would cause another problem, lack of income. I totally understand that you two would like to be together during the filing process but if you do not have a joint sponsor (it is joint sponsor for CR1) then you will not get a visa. Yes the sister has to make enough to cover four people and as you calculated she does not make enough. Perhaps your best option would be to visit more often to build your communication (in the eyes of the CO) and do a regular CR1. Your income is obviously excellent for a regular CR1, don't give that up or it will cause more problems.

[Ryan H 3,812]

RCG:

It has already been mentioned, but I will mention it again for emphasis; in order to DCF, the USC must be a legal resident of India for at least 6 months before filing. Furthermore, the USC must have entered on the proper long-term stay visa. I have read that entering on a tourist visa and extending it will not make a USC eligible for DCF. Additionally, starting August 15th, if a country does not have a USCIS Field Office, DCF will not be available.

With regards to the current petition, the USCIS will do one of three things when they get it back: reaffirm it and send it back to the Embassy for another interview, let it expire and tell you to start over, or issue a Notice of Intent to Revoke (NOIR).

If a NOIR is issued, it MUST be responded to. Failure to respond to a NOIR will result in a misrepresentation mark being placed in the file which will not be overcome by getting married.

[stu redman 4]

i would ask the embassy what is required by them for DCF dont just go by some post you see things change just send a email to the embassy

[mike42979 57]

Sorry I meant to say that your parents is against you marrying someone outside your religion is reason enough to deny, and most CO aren't convinced about a relationship because of religion differences and plus parents is against that union, they just think you want a way out of India. Why you want to marry someone outside your religion?

I dont think it is your position to speculate and question anyone why they want to marry outside their religion, have a bit more respect for their situation!

[catknit 144]

Having been down the New Delhi Denial Path and trying to figure out what to do next - the options are limited to 4:

1 - Refile for a K1 - there are pros and cons to this, you MUST address the issues from the denial and have a decent reason to have not gone ahead and married [i'll give you a heads up on both given your situation - #1 the USC has a decent job they do not want to give up, #2 the USC can not get the time off required to meet the specific legal requirements of the special marriage act without losing the job].

2 - Marry in India and file CR1 from US - again you MUST address the issue revolving around the denial which sounds like more face to face time. Additionally, you'll need to get the marriage paperwork resolved [the 30 day posting period etc etc - now if you're Hindu and she is not there is a type of ceremony [who's name totally escapes me at the moment] where she in essence converts and becomes Hindu and the special marriage act is no longer needed. You could marry the same day if you wanted, you'd just need to file papers with the courts]. With the Indian in-laws-to-be not sounding too excited about the pending nuptials this may be a hard sell at the embassy even if you cross all those hurdles.

3 - Marry in India and file DCF - You will need a nice chunk of change for the assets if the USC isn't working. Also, arriving in India on a tourist visa and just "living there" won't cut it either. After the marriage the USC will need to switch to an X visa which is all but impossible to get from inside India [MHA in Delhi is a nightmare and chances are you'll find agents who'll swear you can get it, etc etc but it is a snowball's chance in hell - at least this was the case in 2009]. The clock for residency only starts when the X visa is in hand/being used. So, the USC would most likely need to return to the US to get X visa quickly then need to re-enter India.

4 - Marry in India and stay for awhile - this may sound a bit random but it will do wonders for a case going forward. If your USC fiance is ok with India maybe you could think about setting up house/family there for a few years.

It was only after our denial that I spoke at length with a handful of attorneys. One thing that stood out in my mind after speaking with most of them was the most common "error" they would see with this type of long distance relationship - taking all available vacation time and using it on a single trip. If she has 3 weeks of vacation time - take 3 1-week long trips spaced over the year. It seems trivial and almost heartbreaking [if I had 3 weeks to use why on earth wouldn't I want to spend all 3 weeks at once] but it's that "ongoing" part that they want to see. Pleading a lack of time available or funds won't get you anywhere with the IO/CO.

Also, my #1 tip for New Delhi regardless of background, age, religion, etc etc etc - have the USC there. I can't tell you the number of hours I spent in the seating area watching people get interviewed [long story - but I was there just about weekly for a few months trying to get my now-husband's AP resolved]. I saw a LOT of applicants get AP [the dreaded 221g for more evidence] but anyone with the USC present sailed through.

On a positive note - we did finally get our visa after the denial and after I had moved to India planning to marry there and do DCF [a K1 - back when VSC would re-adjudicate returned cases - we got a reaffirmation]. We've been back 18 months - married and AOS'd with no problems. It will work out it's just that the timing may not be what you were hoping for...

[R.&S. 2]

http://www.visajourney.com/forums/topic/168363-new-delhi-dcf/

DCF discussion.

[TarahTolga0904 12]

If she only has to be there for 90 days in order to fullfill their residency requirement to file, then she could ask her company for a temporary leave of absense for an extended period as pregnant women do for maternity absense. If she has been with the company for a while,and they value her, then they could allow it with an Employment letter stating she still has a place within the company and how much she earns. She will need to show her W2'S and paystubs to show she is still earning from them. You could even have them write a letter stating that she is on temporary leave of absence but she is still employed with the company. So since she has a stable job there she may actually be able to keep it.

Now for the domicile, what she needs to do is have her sister either add her onto any lease she may have (if she has an apartment) or Have a written statement notified that her permanent address is with her sister at (address) and this will be her residence upon returning to the USA. I had to do this for my childrens school when I was living with a friend, and it's a perfectly legal thing, and accepted. So this could be the domicile if she gets the notified letter, and also changes her drivers lisence address and bank address over to her sisters address so they all match.

Her US bank account, Any Bills she may have in her name, Her Drivers Lisence, Her US voting registration, all of these will help her prove domicile.

Now to prove your relationship, you need to dig up ANYTHİNG that will show the legitimacy of your relationship. Letters, phone bills, emails, pictures, reciepts for gifts, plane tickets, anything will do. If you dont have any, then you need to start documenting your 'time' together whether it's on the phone, internet, or anything. If you see eachother via webcam, take screen shots of you two chatting with the video open so they can see how you two talk. Get more pictures of you two together. For your wedding, you can have a civil ceremony, and if they ask why her parents were not there be honest and say they dont aprove of your religion, but you hope that in the future their heart will soften as they get to know you more. This will show your interest in building a relationship with her family. Get a TON of pictures of the wedding, be it at a church or civil, and be sure to invite friends from both sides as guests if possible. Have her friends write statements about what they have witnessed with your relationship together, and have your friends write statements too.

Don't think any of it is too much. My husband and I have been documentning everything since Day one. We're super sentimental so it wasn't hard. Just save anything so they dont have any excuse to deny you both.

Hope this helps and Good Luck!

[RCG 3]

A MIRACLE HAPPENED!!!!!! I wrote my Senator as soon as we were denied, but had not heard back. We had given up hope. Today, I got a call from their office. Per my request, they had a senior consular officer review our petition and they are giving us a second chance!!! WHOOO-HOOOOOOO!!!!!!!!!! The petition had already been sent to NVC but they are getting the petition back to the embassy. Once it gets back to New Delhi my fiance will get a second interview with the chance to bring additional documentation!! THANK YOU LORD!!!!!!!