DCF-India Questions

[aprilflower 0]

So I tried writing VFS who first did not do anything but direct me to the embassy website and the second time fwd my email to the embassy and again I got no response except that I should email the embassy. I then emailed the embassy and got some form letter in return. Feeling very frustrated. I am posting my letter here in hopes that someone may be able to answer my two questions at least in part:).

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I hope that you may be able to help me answer a few questions I have regarding filing the I-130 after having reviewed your website (http://newdelhi.usembassy.gov/uscisi130fil.html).

1. Living in India 6+ years but visited USA two months ago. Still eligible for DCF?

I am a US Citizen residing in India. I have lived here for the past 6+years with my husband and my inlaws. We have a daughter who is now one year old. The website says that you must reside in India for the previous 6 months but I went to the US to celebrate the holidays with my family and so they could meet the new grandbaby. I came back on the 18th of January. Before that I only had one other trip to the US and that was after I had been residing here a year. Will I still be eligible to apply for DCF(despite having spent the recent months in the States)? I have my Residence Permit showing when I have entered and exited India. I also have Medical Records, an Indian Driver's License, a joint bank account etc showing that I live here but I do not have any taxes filed here as I do not have any income(my parents will be sponsoring my husband).

2. Priest signature on the marriage certificate, do I need a separate conversion certificate?

My other question is in regards to my marriage. I have a marriage certificate but no conversion certificate (we had done a Hindu marriage as suggested by our lawyer). At the time of the process we were told no conversion certificate is required because the preist has signed the marriage certificate and I have automatically been converted. Before the wedding process, they performed a cleansing ceremony (shuddhi kriya) . We were told no separate conversion certificate is required because the priest has signed the marriage certificate. Will this cause any problems? We have no other proof of our wedding. My inlaws were opposed to having any big formal ceremonies though they agreed to our getting married though reluctantly. I have changed my name to my husband's family name on my passport and US drivers license etc and my one year old daughter and I both have PIO cards.My husband and I have joint bank accounts as well. My daughter's birth certificate and medical records have my husband's name as her father. I am hoping since we have been married so long this may not prove problematic.

[Divs 35]

So I tried writing VFS who first did not do anything but direct me to the embassy website and the second time fwd my email to the embassy and again I got no response except that I should email the embassy. I then emailed the embassy and got some form letter in return. Feeling very frustrated. I am posting my letter here in hopes that someone may be able to answer my two questions at least in part:).

---

I hope that you may be able to help me answer a few questions I have regarding filing the I-130 after having reviewed your website (http://newdelhi.usem...cisi130fil.html).

1. Living in India 6+ years but visited USA two months ago. Still eligible for DCF?

I am a US Citizen residing in India. I have lived here for the past 6+years with my husband and my inlaws. We have a daughter who is now one year old. The website says that you must reside in India for the previous 6 months but I went to the US to celebrate the holidays with my family and so they could meet the new grandbaby. I came back on the 18th of January. Before that I only had one other trip to the US and that was after I had been residing here a year. Will I still be eligible to apply for DCF(despite having spent the recent months in the States)? I have my Residence Permit showing when I have entered and exited India. I also have Medical Records, an Indian Driver's License, a joint bank account etc showing that I live here but I do not have any taxes filed here as I do not have any income(my parents will be sponsoring my husband).

2. Priest signature on the marriage certificate, do I need a separate conversion certificate?

My other question is in regards to my marriage. I have a marriage certificate but no conversion certificate (we had done a Hindu marriage as suggested by our lawyer). At the time of the process we were told no conversion certificate is required because the preist has signed the marriage certificate and I have automatically been converted. Before the wedding process, they performed a cleansing ceremony (shuddhi kriya) . We were told no separate conversion certificate is required because the priest has signed the marriage certificate. Will this cause any problems? We have no other proof of our wedding. My inlaws were opposed to having any big formal ceremonies though they agreed to our getting married though reluctantly. I have changed my name to my husband's family name on my passport and US drivers license etc and my one year old daughter and I both have PIO cards.My husband and I have joint bank accounts as well. My daughter's birth certificate and medical records have my husband's name as her father. I am hoping since we have been married so long this may not prove problematic.

You're a US citizen who's been living in India with your spouse for six years now, which means that you more than qualify for DCF. Go ahead, file it NOW. Your 2-month holiday is immaterial, what it means is that you should have been living in India with your spouse for a minimum period of six months.

As for your marriage certificate, I'm not so sure about it, as under normal circumstances, that would qualify for the special marriage act. That's the only thing I'm not so sure of. Other than that, you have ample proof of bonafide relationship. Do not think twice, but do get someone's opinion on the marriage certificate, as I'm not qualified to give you an answer.

I'm sure you would have some wedding pics and you could manage some affidavits from your parents, in-laws etc, can't you.

Edited March 22, 2012 by Divs

[TimeTravel 78]

1. Living in India 6+ years but visited USA two months ago. Still eligible for DCF?

I am a US Citizen residing in India. I have lived here for the past 6+years with my husband and my inlaws. We have a daughter who is now one year old. The website says that you must reside in India for the previous 6 months but I went to the US to celebrate the holidays with my family and so they could meet the new grandbaby. I came back on the 18th of January. Before that I only had one other trip to the US and that was after I had been residing here a year. Will I still be eligible to apply for DCF(despite having spent the recent months in the States)? I have my Residence Permit showing when I have entered and exited India. I also have Medical Records, an Indian Driver's License, a joint bank account etc showing that I live here but I do not have any taxes filed here as I do not have any income(my parents will be sponsoring my husband).

To get more accurate answer for your situation, I would suggest you to contact directly DCF Delhi thru email CIS.NDI@dhs.gov or fax numbers +91 11 2419-8730. They are quick to respond, like within 1 business day.

Please make sure, you have resident permit in India. Individuals who are in the country on temporary status, such as a student or tourist do not meet this residency standard and must file an immigrant visa petition for an immediate relative in the United States. Length of stay doesn't grant legal resident permit to USC in India.

Edited March 22, 2012 by iwaiting

[aprilflower 0]

Thank you both for your responses. No, we actually have no photos. Basically we did it as you would a court marriage in the US. Only us and the priest and then we signed some papers with some lawyers, end of story. Sounds bad because I know everyone has marriage photos, especially in India. At any rate, I do think I could manage getting affidavids from relatives that we are married and whatnot.

To get more accurate answer for your situation, I would suggest you to contact directly DCF Delhi thru email CIS.NDI@dhs.gov or fax numbers +91 11 2419-8730. They are quick to respond, like within 1 business day.

Please make sure, you have resident permit in India. Individuals who are in the country on temporary status, such as a student or tourist do not meet this residency standard and must file an immigrant visa petition for an immediate relative in the United States. Length of stay doesn't grant legal resident permit to USC in India.

This was the email that I sent to the exact same email address.I got a form letter response and no answer regarding the conversion. I mean if you can't get answers through the embassy, who can you get them from?

[TimeTravel 78]

This was the email that I sent to the exact same email address.I got a form letter response and no answer regarding the conversion. I mean if you can't get answers through the embassy, who can you get them from?

Hire a good attorney if you can't get the answer for your questions. You can explain your case to your attorney, and can be advised for the best route for your situation, plus attorney can help you to prepare your immigration paper-work.