DCF -New Delhi

[nbalaji04 0]

Hi all, First off thanks for all the treasure trove of information on these forums

Still need some help in my case. My wife is a USC and we are planning to file for DCF at newdelhi. Both of us have been living in India for past 25 years. She travelled to India as an infant along with parents.

Recently we got her first time adult passport renewed. She has an SSN.

Now, we are married for 3years now and are working in India. My employer recently agreed to relocate us to US. We are trying to plan for the same.

Individually neither of our current indian income matches the i864 requirements but together it does. My employer has issued relocation letter and my US income will alone satisfy the requirement. What should I put in the i864 our Indian incomes together or my US income alone?

[Alaska2012 462]

Your wife is sponsoring you so she must have an income, an income in the US. Does she have proof of domicile?

Or you guys could find a co sponsor in the US.

[nbalaji04 0]

Hmm what I understood was we need to show house hold income and sponsor can use household members income for showing income requirement.

So basically we will either be able to show both our Indian income or my US income (as a household member) to show income requirement.

For domicile issue, we are planning to take steps he ch can show the intent. We have talked to banks for opening account as first step.

[Alaska2012 462]

Your Indian income won't count since it won't be ongoing in the US.

[Alaska2012 462]

Did your wife file taxes in the US while working in India?

[Anh map 2,098]

Your income can be used if it's current and will continue when you move.

The USC needs to establish domicile and must comply with the US tax reporting guidelines. The US taxes worldwide income. Tax treaties do exempt a good portion of income from double taxation, but even if no tax is owed, a tax return must be filed if the minimum amount is earned in a year (~ $10K).

This FAQ can help with domicile>>>> http://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

Tax filing >>>>> https://www.irs.gov/Businesses/Income-from-Abroad-is-Taxable

Tax filing >>>>> https://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion

Edited January 8, 2016 by Anh map

[nbalaji04 0]

Thanks Ann,

So my employer is not going to change. So my income will continue from same employer. But current Indian income is based on Indian cost of living and my employer will calculate what I will get in US after relocating based on US cost of livig.

Is it OK if I mention my Indian income on i864/and have a relocation letter which will mention my US income post relocation

Hey Alaska, we are planning to back file for past 3years. I hope that's fine

[Alaska2012 462]

If she only worked for 3 years,or those are the only years she made over the limit then that's fine! She would just have to write a statement explaining why she didn't file the other years!

[harryrasul 0]

I had a few questions on filing the DCF from New Delhi.

-I am USC(naturalized) for the past 12 years living and working in the United States. My fiance is from India(living and working in Singapore for the past 3 years). We are planning to get married in Oct 2016 in India. Would the DCF apply to us if I take an internal transfer and work in India for the next 6 months and then apply?( I would still get paid in U.S dollars and the salary would be deposited in the U.S bank accounts)

- Do I need to work in India on an Indian payroll to be eligible for the DCF visa option/ Do I have to work at all in India?

- What kind of documents would I need in my position to make sure that there is a strong chance to get the DCF?

Any help or advice would be appreciated.

Much Thanks

Haroon Rasul

[nbalaji04 0]

I had a few questions on filing the DCF from New Delhi.

-I am USC(naturalized) for the past 12 years living and working in the United States. My fiance is from India(living and working in Singapore for the past 3 years). We are planning to get married in Oct 2016 in India. Would the DCF apply to us if I take an internal transfer and work in India for the next 6 months and then apply?( I would still get paid in U.S dollars and the salary would be deposited in the U.S bank accounts)

- Do I need to work in India on an Indian payroll to be eligible for the DCF visa option/ Do I have to work at all in India?

- What kind of documents would I need in my position to make sure that there is a strong chance to get the DCF?

Any help or advice would be appreciated.

Much Thanks

Haroon Rasul

Hey

I don't think you will be eligible for it. DCF requires residency criteria. You need to have lived or have proof that you will live for six months or more in india continuously for being eligible

If you have OCI then probably you can try your luck. Since OCI is considered residency proof. TTY hey will ask before they accept your application on residency.

When we had gone there were 3 couples including us who were applying. They asked us but didn't ask the next couple as the consulate official looked in a hurry.

All the best.

[harryrasul 0]

Hey

I don't think you will be eligible for it. DCF requires residency criteria. You need to have lived or have proof that you will live for six months or more in india continuously for being eligible

If you have OCI then probably you can try your luck. Since OCI is considered residency proof. TTY hey will ask before they accept your application on residency.

When we had gone there were 3 couples including us who were applying. They asked us but didn't ask the next couple as the consulate official looked in a hurry.

All the best.

Thank so much for your reply. I do have an OCI and have had it for several years now. So you're basically saying that if I have an OCI, I can try my luck but otherwise I don't qualify.

Question on the OCI: Do I need to be working for the 6 months or does having an OCI show my legal residency as long as I'm there for 6 months( do they need bank statements in India, PAN card etc?) for verification..

[nbalaji04 0]

Ok so the consulate looks for 2 things

1. Whether you are in india legally

2. Do you meet residency requirement

OCI can prove the first and sometimes seeing OCI they don't ask for more. But it's always better to prepare. Anything which proves that your stay is for longer than 6months that can help for 2nd point

Eg work related documents that show you are working in india. Tax documents which show you were in india and paid taxes. Leave for more than six months applied to your office in US etc more pros the better

You can also c check with FRRO if they can issue a resident permit. They issue for only foreigners who stay for more than a month but it's not required for OCI holders. But you can check.

[nbalaji04 0]

Also since you mention your wife is living and working in Singapore

As part of DCF process she will need police clearance from India and Singapore both. Tell her to apply while she is there itself to get Singapore clearance.

[harryrasul 0]

Also since you mention your wife is living and working in Singapore

As part of DCF process she will need police clearance from India and Singapore both. Tell her to apply while she is there itself to get Singapore clearance.

Appreciate you giving such valuable advice When you say police clearance, what exactly does that entail? Is there a website or form/link that could help give me more information on this.

Also is it possible to file the DCF from Singapore itself(could be easier for both of us if we both work there for the next year) since I'll have to keep juggling between Singapore and New Delhi for the next 6 months or so..She will not be moving to Delhi for the time being...

Does going to Singapore count as a break in my 6 month stay?

Thank you again..

[nbalaji04 0]

Check out the DCF process on visa journey's guides page. It should be a good start.

And yes you can do DCF from Singapore. Police clearance is basically a check to see if all is well and you don't have any cases etc

it's needed from all places lived in past one year and is only for your fiance. For Indian one visit passport Seva Kendra website.