Meeting face to face - Two year rule?

[Seraph2042 37]

On 9/18/2021 at 4:31 AM, TWISTIE said:

OCI stands for Oversees Citizenship of India. Its for for those foreigners who were once Indian or their parents or grandparents were Indian one at a time...or Indian descendent people. This is like US green card...For example, once you come to US, became a green card holder and then later on a US citizen then you will need to give up your Indian citizenship because Indian constitution doesn’t allow dual citizen...Indian descendant people around the world were demanding from Indian govt. to allow them dual citizenship but as I said that Indian laws don’t allow dual citizenship...So, 12 yrs ago Indian govt came up with this...OCI...which is kinda Indian version of green card...Once you would have OCI, you will never need Indian visa to go to India..and can stay in India forever if you want...and don’t need to report to Police which is the case if someone would stay over 180 days on any other visa...we can buy properties...and obtain Indian driving license and other stuffs...Only thing we are not allowed to do is- vote in India and we can not buy agricultural land...That’s.

 

So, when I became a US citizen, I immediately applied for OCI here in US at Indian consulate...It takes 2-3 months to process...They would give you a passbook like a passport. So, when you would become a US citizen in the future, you could also apply for this if you would wish to...and you can apply for your husband too even though he is not Indian descendant so long you guys would still be married because Indian laws state that a OCI holder’s spouse is also considered a NRI (non resident Indian) even though s/he is not Indian descendant so long OCI holder is still married to that person. If you guys ever be divorced then his OCI status would be revoked automatically.

 

Many Indian people don’t apply for OCI after obtaining foreign citizenship because they think its waste of money because one could get 10 yrs Indian visa only for $100 or something...so they don’t want to spend $250 or something to get OCI and OCI must need to be renewed every 10 yrs or whenever your US passport (foreign passport) would get renewed...That means you would need to spend another $250 or more again along with filing paperwork’s to renew it. However, if you have a tourist visa then you can not enter into India twice in 6 months...You must need to wait, I think 6 month to enter to India even though you have multiple entry visa. Also, as you know anyone who has Indian tourist visa then this visa is suspended for now...One can not travel to India on a tourist visa nor can obtain at this time...So, OCI comes handy...However, if you will not be going to India often then you might not need it...I go to India twice a year...so its very comfortable...We get to stand in special Immigration line in India, during arrival and departure time....Its a special privilege...Whenever you go to any airport in India then check at those line which states- for OCI holders...

 

Yes, just don’t overthink. I know how nerve recking is this immigration process...been there, done that...Just focus on collecting evidence of your chat and call with your fiancé. I am not sure where you guys met before but it must be outside of US. And don’t forget to read interview experiences on this site from India...there are thousands of those postings...It took me 3 weeks to read over...but it will tell you what questions and documents will be asked from you at the interview...It would really help you. Did you check that out yet?

 

As for your fiancé to get involved over here then I don’t think he needs anymore help from here because he has already done what he was supposed to do...like filing I-129F...but now its all about you...You will be interviewed...So, your involvement alone over here would do the trick...

 

 

@TWISTIE Thank you so much for the detailed explanation on OCI. It is something I am definitely interested in pursuing if/when I become a US citizen. Is it okay if I get in touch with you here in the future, should I have any questions or need assistance?

 

My fiancé first met me here in India on an official visit, we both work in IT industry. Later I met him once in NY and then twice in Texas. We never met in a third country or ever thought of doing so, that is why that option flew right over our heads for the major part of 2021. For the interview experience/questions, I was actually going to the Mumbai consulate review section here in VJ and a couple of groups in Facebook. Is this enough? Do you recommend any other forums?

[TWISTIE 30]

4 hours ago, Seraph2042 said:

@TWISTIE Thank you so much for the detailed explanation on OCI. It is something I am definitely interested in pursuing if/when I become a US citizen. Is it okay if I get in touch with you here in the future, should I have any questions or need assistance?

 

My fiancé first met me here in India on an official visit, we both work in IT industry. Later I met him once in NY and then twice in Texas. We never met in a third country or ever thought of doing so, that is why that option flew right over our heads for the major part of 2021. For the interview experience/questions, I was actually going to the Mumbai consulate review section here in VJ and a couple of groups in Facebook. Is this enough? Do you recommend any other forums?

I have never applied for K-1 visa for anyone nor have done any digging into it when it comes to the meeting-requirement. So I don’t really know if the meeting must be within the US or outside the US. However, if I am not wrong then I believe both parties must need to meet OUTSIDE of US within 2 years of filing for K-1 Visa. So, don’t know if meeting WITHIN US will be allowed to be eligible for K-1 purpose. You say that you met your fiancé first in India and then 3 times in US, and not in any other country. So, if we rule out your meeting with him in the US  then your meeting in India is only one to consider to be eligible for K-1 visa if the requirement of meeting must be outside of US. If that is the case then question is when did you exactly meet him in India? If your meeting in India is within 2 yrs of submitting K-1 visa petition for you then you will be ok, otherwise there would be a BIG problem.

 

Again, I don’t really know that in person meeting needs to be anywhere, or shouldn’t be in US or just outside of US. And I know that USCIS has already approved K-1 petition for you which is why you have received NOA2...However, if the meeting requirement is - both parties must meet outside the US within 2 yrs of filing the petition, and your meeting with him in India falls outside of 2 yrs period then consular officer will catch that up, and then officer will deny the case right away. USCIS also makes mistakes all the times...However, I am just beating the bushes not even knowing the date of your meeting in India.

 

By the way, there is no such requirement that both parties must need to be met in person in a third country...and also there is no any requirement of having met more than once. Its just widely believed that if you have big or many red-flags or if you are coming from a country which is considered to have immigration fraud then meeting in person more than once would beneficial to substantiate the bonafide of relationship...And I know that you guys have a big age gap between both of you...27 yrs of....and overlapping of relationship...but as far as I am concerned then its not a big of a problem especially overlapping one because he was separated from his ex wife and was contemplating divorce, so it would be perfectly fine. As for 27 yrs of age gap then it would be a bit problem to Indian staff in US consulate as they will review the file first and would write a memorandum for the interviewing officer...They might give you a very bad look, but in the end American officer will interview you. Interviewing officers/Consular officers don’t care much to age gap unless there are more red-flag in totality. Consular officers know American life-style as age matter means nothing in American society and denying a case based on just age gap is discrimination in US laws.

 

So, you would get bad look by Indian staff there as they would automatically judge you in thinking that you are with this guy just to go to US, but you would need to ignore them as you would never see them again. I read over here a young lady from India who was divorced and had a 6 yrs old daughter but she was in a same sex relationship with another woman from America...and a k-1 petition was filed for her. She even took her lady petitioner/fiancé to the interview...She reported over here and everyone was looking her like WHATTTTTT....because you know why....in Indian culture this is kinda unheard...Same goes to age difference too...My 18 yrs old ex wife was also treated so badly because of our age gap. But as I said previously that you might not get the same experience because you are in 30s and not teen like my ex wife...lols...and we had tons of more red-flags...

 

Yes, reviewing those experiences from Mumbai and facebook ones are enough. But I read ALL reviews, including other than from Mumbai US consulate...but only those reviews of K-1 visa and CR-1/IR-1 visa because their most questions are same...and process too a bit though...So, I read all of them...So if you have time then try to read all of them...There is tons of knowledge...I have read them with great interest and found that 99% of the times questions will be asked out of those...By the way, do you have any link to those facebook groups? Where in India do you live? In Mumbai? And yes, you can always write/contact me over here, thru private message or thru a posting over here..I will try to help you to the best of my ability like we always do for everyone over here...and which is only purpose of this site- to help each other.....

[NandV 87]

The requirement is within 2 years before applying, since you had that, you will be okay. I wouldn't worry about it the number of times you've met during covid. We also had not seen each other in 1.5 years by the time his interview came (only difference is that he was living in the us when we met). To prove that we were continuing to build our relationship, we took 4 screenshots of messages every month, included screenshots of video calls between us or various members (ie me and his parents, him and my brother, etc), copies of any cards we sent each other, or pics of any gifts. Make sure you have solid wedding plans, whether you're simply doing a court marriage or you both have something bigger planned. Meeting in person is not the only requirement

 

Re OCI: he will be eligible to apply after you've both been married for two years

[Seraph2042 37]

11 hours ago, NandV said:

The requirement is within 2 years before applying, since you had that, you will be okay. I wouldn't worry about it the number of times you've met during covid. We also had not seen each other in 1.5 years by the time his interview came (only difference is that he was living in the us when we met). To prove that we were continuing to build our relationship, we took 4 screenshots of messages every month, included screenshots of video calls between us or various members (ie me and his parents, him and my brother, etc), copies of any cards we sent each other, or pics of any gifts. Make sure you have solid wedding plans, whether you're simply doing a court marriage or you both have something bigger planned. Meeting in person is not the only requirement

 

Re OCI: he will be eligible to apply after you've both been married for two years

Thank you @NandV. You answered the question lingering in my mind, I was wondering how much of chat/call log is actually necessary. I will also stick to <10 pages of chat/call per month as proof of continued relationship along with other items. Wedding plan is not concrete yet as we are switching back and forth between a temple wedding and a civil wedding. But we will have a plan ready by the time of our interview. Thanks much!!