USC wife in India

[arashsidhu 1]

Hi folks,

My USC wife is in India with me for last 8 months and is planing to stay until my interview.How would this affect our CR1 case?

i130 approved

i 864 approved

DS230 approved

waiting for interview date....

[TimeTravel 78]

It may or may not. It really depend up to your case. If you have interview in Mumbai, then she wont be allowed to join you for interview, but in Delhi, it is allowed.

[arashsidhu 1]

Thanks iwaiting..

are there any problems from Indian customs, if foreign citizen stays in India for more than 6months provided foreigner is registered with FRRO

2) After visa approval can me and my spouse travel in same flight to US or there is any condition like petitioner must arrive before beneficiary arrival in US.?

[Penguin_ie 5,993]

It's a good thing for the bonafide marriage part, assuming she has assets or a co-sponsor for the affidavit of support. You can arrive together or the petitioner goes first, but the beneficiary cannot go along first to the USA.

[TimeTravel 78]

Thanks iwaiting..

are there any problems from Indian customs, if foreign citizen stays in India for more than 6months provided foreigner is registered with FRRO

2) After visa approval can me and my spouse travel in same flight to US or there is any condition like petitioner must arrive before beneficiary arrival in US.?

1 - There is no problem with this at all. My USC wife was living with me for 3 yrs in India. All we had to go for registration with FRRO whenever it had expiry. No problem at exit, but make sure to bring the original registration certificate whenever she is leaving, as it would be required by Indian immigration officials.

2 - Yes, you guys can travel together.

[arashsidhu 1]

Thanks Penguin and iwaiting.

But dont we have to surrender that registration certificate to local FRRO officer(who issued us same in the first place) or we have to surrender this to INdian Customs Dept. while departing?

[catknit 144]

If she's on a PIO/OCI or X visa there will be no problems.

If she has a Tourist visa that was only good for 6 months - you may have problems.

It's good that you went to the FRRO to get her registered but if she entered with only 180 days allowed, she will need an exit permit to leave. You'd get that at the FRRO.

Edited April 18, 2012 by catknit

[TimeTravel 78]

Thanks Penguin and iwaiting.

But dont we have to surrender that registration certificate to local FRRO officer(who issued us same in the first place) or we have to surrender this to INdian Customs Dept. while departing?

There are two options:

#1 - Surrender at local FRRO officer, and get the surrender certificate. You would need to submit the surrender certificate to immigration officer at the time of exit.

#2 - Just surrender the certificate to immigration officer. It is easy! No hassle to visit local FRRO office.

My wife told me that they just stamped those certificate, and returned it back to my wife. She was exit from Chennai airport. May be, they take it back at some different airport of India.

[TimeTravel 78]

If she has a Tourist visa that was only good for 6 months - you may have problems.

It's good that you went to the FRRO to get her registered but if she entered with only 180 days allowed, she will need an exit permit to leave. You'd get that at the FRRO.

Exit permit? It is not required. Just surrender the registration certificate at the time of EXIT ( to immigration officer ). It is easy!

My wife was here on tourist visa, and normally it allows only 180 days in single visit, but since we are married, so she was able to extend the time for stay in India.

[catknit 144]

Did you convert her visa to an X visa?

There was at least one other member here who had to go to the FRRO and get an exit visa even though she was married to an Indian. She had to pay a fine, too. She overstayed by 4 weeks - this was in Delhi though and if there is one thing true about India, the rules change based on the state/airport/bureaucrat closest to you!

I'd hate for this couple to get to the airport and be shoo-ed off to go back to the FRRO yet again to try and get something straight.

[TimeTravel 78]

Did you convert her visa to an X visa?

There was at least one other member here who had to go to the FRRO and get an exit visa even though she was married to an Indian. She had to pay a fine, too. She overstayed by 4 weeks - this was in Delhi though and if there is one thing true about India, the rules change based on the state/airport/bureaucrat closest to you!

I'd hate for this couple to get to the airport and be shoo-ed off to go back to the FRRO yet again to try and get something straight.

No, didn't convert her visa type. We just registered with FRRO Chennai, and before its expiry, we had to renew again & again. We paid only one time fee around 3600-3700 INR, and renewal was free. That was surprising to know that renewal was free in INDIA.

That is true that India officials make different rules for each city/state! Bogus!!! I can't believe how they would ask someone to go and get exit permit when they have their flight in few hours. But I can believe, anything can happen in India.

[arashsidhu 1]

Thanks Experts,

Her visa Type is X visa valid till Aug2016 with following conditions in micro letters

# Tourist visa non extendable

# change of purpose not allowed

# REgistration required within 14 days of arrival in India for visas valid for more than 180 days.

# not valid for restricted areas.

I got her registered at local FRRO office who gave us A residential permit certificate and a registration of foreigners form with signature of local Frro officer, moreover he didnt charge any fee for this.