Contradiction in New Delhi

[sunray 0]

Hello All,

I am an US Citizen living in USA for past 10 years. My would-be-wife is an Indian citizen. She lives in India. We are planning to get married in Jan'2007. Subsequently apply for her IR-1 /CR-1 visa thru New Delhi Embassy using Direct Consular Filing of I-130 etc. I am not opting for K-3 visa because of longer time it takes.

I am planning to move to India and take up employment and stay there for at least 9 months. I will be renting a house hence I will be able to produce all utilities bills etc.

I am little confused when it comes to filing I-864 (Affidavit of support).

One of the requirements for direct consular filing in New Delhi is prove to the embassy that the sponsor is staying in India for a long term - ongoing employment, registration with FRRO, Indian tax returns, utility bills etc.

Also, I read in the same website that Affidavit of support (I-864) is required for all the family based sponsorship. In which one of the requirements is to have an income in US. Doesn't this contradict the Direct consular filing requirement that the sponsor needs to be in India for long time and also to have ongoing employment in India.

Also, when looking at the form I-864 I found that sponsor has to prove US domicile. This is again contradictory to filing requirement in New Delhi.

Please let me know what should I do whether I will be able to get visa for my wife after moving to India Or am I missing something here. Please reply to my question as it is an important decision of our life. I would highly appreciate that.

Thanks

Sunray

[meauxna 15]

Please let me know what should I do whether I will be able to get visa for my wife after moving to India Or am I missing something here. Please reply to my question as it is an important decision of our life. I would highly appreciate that.

Sunray,

I answered you partially in another thread before I saw this one.

Domicile is not the same as residence.

Income is not a requirement of the I-864.

See the DCF Guide for some ideas and links and don't forget the very useful new instructions on the latest version of the I-864.

The things you state are not contradictions but they do take some working out.

I lived in Greece for a couple of years, but I did not lose my US domicile. I wasn't working for a couple of years, but I could still successfully complete an I-864.

I recommend that you read the DCF Guide, and a few of the interview or other experience stories here and at www.kamya.com/interview (look for India DCFs through the navigation). Bear in mind that while the details may have changed, the overall process has not. USCs who are living abroad may file an immediate relative petition at their local Consular Section or USCIS Field Office and once OKd, their spouse (family member) can apply for an Immigrant Visa without going through the NVC.

The USC may have to meet certain residency requirements overseas to qualify to file the petition and, if they do not have other resources, may have to go on ahead to the US to get some income on the go.

Perhaps you could explain more about how you'd plan to take that period of time off from the US and think about how you would show that this is your permanent home (Hint: the US gov't even identifies a status of 'temporarily resident abroad' for USCs). Then think about how you plan to successfully complete an I-864--either on your own or with a Joint Sponsor.