I WANT TO DCF IN NEW DELHI (ANYBODY HELP)

[ROZA 0]

Hi all,

This is my first post, i m confused, my wife is US citizen and she want go thougrh the IR1 procedure. she is coming back to india and she want file I-130 from new delhi.

can anyone help with proper procedures and steps,we littterly spent a little time togther and our total married time is 5 months.

thanks in advance

[bszoom42 0]

Your spouse is the U.S. Citizen. For her to be able to file the I-130 at New Delhi, refer her to this page:

http://newdelhi.usembassy.gov/uscisi130pet.html

The U.S. Citizenship and Immigration Services at the U.S. Embassy in New Delhi accepts I-130 petitions from U.S. citizens who reside in India. U.S. citizens whose principal residence is not in India, and/or are abroad temporarily as a visitor or on business, must file the petition in the United States.

If you are not eligible to file in New Delhi, you should file the petition with the U.S. Citizenship & Immigration Service Center having jurisdiction over your place of residence or last residence in the United States. Lawful Permanent Residents must file the petition in the United States.

Evidence of Residence

Proof of such residency will include a U.S. passport with an appropriate long-term, valid Indian visa and a Registration Report and Residential Permit issued by the Foreigner’s Regional Registration Office (FRRO) of the Government of India. Additional evidence should include, but is not limited to, on-going employment in India, taxes paid in India, rent/property receipts, and utility receipts in India.

United States Citizens may file their petitions between 9:00 AM and 12:00 Noon on all normal business days. The Petitioners must comply with the filing requirements of this Office.

United States Citizens MUST BE PRESENT to file their petitions. If a United States Citizen is filing for a spouse, it is recommended that the spouse also appear so that immigration officials may ask any questions necessary for the adjudication of the petition.

[neel06 0]

i thought that DCF from delhi was scrapped and only people who can claim residency in India can do DCF now.

[bszoom42 0]

Technically, i do not believe it is a DCF. It is still filing with USCIS, its just that USCIS has a local office in New Delhi. And yes, there is the residency requirement (among other things) to qualify for filing at that local USCIS ofice. See my post above for full details.

[ROZA 0]

ok bszoom42 bro , thanks for your posts , can you tell me what total time of the residency they accept?

now i m again in confusion what should i do now ?

with which visa process i should go through with k3(as it seems some faster) or same with IR1(file papers from US)

[payxibka 10,045]

Minimum standard set for all consulates was 6 mos. but some consulates that can be longer dependant on local conditions

[YuAndDan 153]

ok bszoom42 bro , thanks for your posts , can you tell me what total time of the residency they accept?

now i m again in confusion what should i do now ?

with which visa process i should go through with k3(as it seems some faster) or same with IR1(file papers from US)

The IR-1 visa is much better than K-3, it costs less to process, and results in a Green-card upon entry to the USA allowing work, travel, etc.

Only IR-1 can be filed through DCF not K-3. K-3 requires filing in the USA.

Lastly the minimum residency in any country that allows DCF is 6 months, but can be longer depending on the consulate.

http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm

[ankit1283 0]

Minimum standard set for all consulates was 6 mos. but some consulates that can be longer dependant on local conditions

I filed from New Delhi on April 2007....The residency requirement then was 90 days...However, I heard rumors it was going to change to 180 days..

[payxibka 10,045]

Minimum standard set for all consulates was 6 mos. but some consulates that can be longer dependant on local conditions

I filed from New Delhi on April 2007....The residency requirement then was 90 days...However, I heard rumors it was going to change to 180 days..

Interesting.... but according to your timeline your petition is/was at a USCIS service center in the states and is not being not adjudicated abroad.... but another twist is that USCIS has a remote office in New Dehli so you may have lucked out....

If you read the DOS announcement dated March 21, 2007 (link in YuandDan's post above) it indicated that the start of the 6 mo. requirment was effective immediately.

Edited August 21, 2007 by fwaguy

[pkewl 0]

Minimum standard set for all consulates was 6 mos. but some consulates that can be longer dependant on local conditions

I filed from New Delhi on April 2007....The residency requirement then was 90 days...However, I heard rumors it was going to change to 180 days..

Interesting.... but according to your timeline your petition is/was at a USCIS service center in the states and is not being not adjudicated abroad.... but another twist is that USCIS has a remote office in New Dehli so you may have lucked out....

If you read the DOS announcement dated March 21, 2007 (link in YuandDan's post above) it indicated that the start of the 6 mo. requirment was effective immediately.

Hello All,

I am trying to find the residency requirements in order to do DCF at the New Delhi office. Specifically, I would like to know whats the minimum number of days/months require to stay in India to do a spousal(I-130) DCF? Last time I read somewhere on the USCIS website that it was going to be extended to 6 months for most consulates but I had heard that a few were able to successfully do a DCF at New Delhi office after staying in India for 90 days. I think someone did it as recent as April 2007 after USCIS had already extended it to be 6 months for most consulates. Is DCF still possible at New Delhi after 90 days of stay in India?

One of my family members will be getting married in India this Dec and it looks like he will be able to (and woud like to) stay in India for atleast 90 days... If its 180 days then its probably not possible for him.. hence I am checking this for him...

Any help is much appreciated. Thanks to all and good luck.

Regards

Pkewl

[ROZA 0]

Hi All,

i think i've got information for residency demonstration. i e-mailed USCIS and they respond me with following information:

An immigrant visa is required of anyone who wishes to enter the United

States to reside there permanently, whether or not that person plans to

seek employment in the United States.

The USCIS Office in New Delhi accepts Form I-130 [Petition for Alien

Relative] by U.S. citizens filing for the immigration of their family

members classifiable as "immediate relative."

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Immediate Relatives

The following relatives of U.S. citizens are eligible to qualify for

immigration in the immediate relative category.

Spouse or Minor Child of a U.S. Citizen An Immigrant Visa may only

be processed for a child if he/she has no claim to U.S. citizenship.

Parent of a U.S. Citizen U.S. Citizen must be

21 or over

Step-parent or child of a U.S. Citizen Stepparent-stepchild

relationship must occur before the child's 18th birthday

Note: Grandparents, aunts, uncles, in-laws and cousins cannot sponsor a

relative for immigration.

Effective June 1, 2006, U.S. citizens who wish to file an I-130

(Petition for Alien Relative) for their immediate relatives must provide

evidence that they are residents of India. Proof of such residency will

include a U.S. passport with an appropriate long-term, valid Indian visa

and a Registration Report and Residential Permit issued by the

Foreigner's Regional Registration Office (FRRO) of the Government of

India. Additional evidence should include, but is not limited to,

on-going employment in India, taxes paid in India, rent/property

receipts, and utility receipts in India. In most instances a finding of

residency cannot be made with less than 90 days continuous presence in

India.

United States Citizens may file their petitions between 9:00 AM and

12:00 Noon on all normal business days. The Petitioners must comply

with the filing requirements of this Office.

United States Citizens MUST BE PRESENT to file their petitions. If a

United States Citizen is filing for a spouse, it is recommended that the

spouse also appear so that immigration officials may ask any questions

necessary for the adjudication of the petition.

Applicants who do not meet the above residency requirements must file

their petitions in the United States with the Service Center having

jurisdiction over their place of residence. The address for the Service

Centers can be found on the petition or on the website at www.uscis.gov.

Family Petitions (I-130)

I-130 Petition for Alien Relative

The U.S. Citizenship and Immigration Services at the U.S. Embassy in New

Delhi accepts I-130 petitions from U.S. citizens who reside in India.

U.S. citizens whose principal residence is not in India, and/or are

abroad temporarily as a visitor or on business, must file the petition

in the United States.

If you are not eligible to file in New Delhi, you should file the

petition with the U.S. Citizenship & Immigration Service Center having

jurisdiction over your place of residence or last residence in the

United States. Lawful Permanent Residents must file the petition in the

United States.

Evidence of Residence

As per 8 CFR

(33) The term "residence" means the place of general abode; the place of

general abode of a person means his principal, actual dwelling place in

fact, without regard to intent.

Proof of such residency will include a U.S. passport with an appropriate

long-term, valid Indian visa and a Registration Report and Residential

Permit issued by the Foreigner's Regional Registration Office (FRRO) of

the Government of India. Additional evidence should include, but is not

limited to, on-going employment in India, taxes paid in India,

rent/property receipts, and utility receipts in India.

In most instances a finding of residency cannot be made with less than

90 days continuous presence in India.

Under no circumstances a petition can be filed with a foreign office of

the Service or at an American consular post solely for the purpose of

obtaining prompt action on a petition.

I-130 PROCESSING

Q. Who can file Form I-130 [Petition for Alien Relative] at the

USCIS Office in New Delhi, India?

A. A. U.S. citizen who is a resident of India can file Form I-130 on

behalf of his/her spouse, parents and child (less than 21 years old) at

this Office. Normally, a Residential Permit issued by the Government of

India would suffice as proof of residence in India.

Q. What documents are required in support of the Form I-130

[Petition for Alien Relative]?

A. For Spousal Cases:

Form I-130 completed and signed by the U.S. Citizen Petitioner

Form G-325A completed and signed by the U.S. Citizen Petitioner

Form G-325A completed and signed by the beneficiary

Proof of U.S. citizenship (i.e., U.S. Passport, Naturalization or

Citizenship Certificate)

Proof of nationality of the beneficiary (i.e. Passport, birth

certificate, school certificate)

Marriage Certificate

Proof of termination of prior marriages

Passport size photograph for both Petitioner and Beneficiary

Marriage Album/Photographs, if available

For Child:

Form I-130 completed and signed by the U.S. Citizen Petitioner

Proof of U.S. citizenship (i.e., U.S. Passport, Naturalization or

Citizenship Certificate)

Proof of nationality of the beneficiary (i.e. Passport, birth

certificate, school certificate)

Marriage Certificate of Parents

Birth Certificate of beneficiary indicating Parents' names

If the child's name was not entered at time of registration of birth,

school certificate must be submitted indicating parents'/father's name

For Parent:

Form I-130 completed and signed by the U.S. Citizen Petitioner

Proof of U.S. citizenship (i.e., U.S. Passport, Naturalization or

Citizenship Certificate)

Proof of nationality of the beneficiary (i.e. Passport, birth

certificate, school certificate)

Marriage Certificate of Parents

Birth Certificate of the Petitioner indicating Parents' names

If the child's name was not entered at time of registration of birth,

school certificate must be submitted indicating parents'/father's name

Q. What is the fee and how can it be paid?

A. Please click here for the latest on Form I-130 fee. The fee must

be paid in cash to the Embassy cashier who accepts both the U.S. and

Indian currency.

Q. Can I mail the Form I-130?

A. No. You are required to submit this form in person.

Q. Where is the USCIS Office located?

A. The USCIS Office is located at the American Embassy, Shantipath,

Chanakyapuri, New Delhi.

Q. Do I need an appointment to file my Form I-130?

A. No. We accept walk-ins on any business day between 0900 to 1200

hours.

Q. How much time would I require to submit my Form I-130?

A. Filing of Form I-130 at this Office is usually a one-day

process. However, please make adequate travel plans to accommodate

unforeseeable events.

Q. When will my case be approved?

A. A decision is usually made within one week of the receipt of your