DCF AFTER THE JUNE CHANGE

[ManuNSam 1]

Hey

i have ready many posts on here and it seems everyone has been detered from filing DCF due to the new regulations at delhi.

i have been here since may 15th.

i am getting married on oct 19th.

as soon i marry i can apply at frro for overstay/long term stay

i have a 10 year visa that allows me to stay 6 months at a time.

but - after registering with the FRRO i can stay 5 years

so - i am just wondering why everyone has been detered from the new regs.

just means you have to stay more like 90 days instead of 60 days.

i also dont ahve bills in my name, but i have bank statements showing my atm withdrawls here, i also have bills from ACSA (american ciitzine services association) and then there is my dentist bills. :-)

so - can i ask if there is anyone who has gone and tried DCF.

is it really all that much more difficult than before?

I dont want to waste time.

i wasted enough of that with the stupid marriage registrar approving for civil marriage. i dont think he had ever seen an papers from the US ever. I never had to submit so many papers in my life - and get them all stamped a gazillion times by a gazillion people. took 10 trips to the marraige office. sitting and waiting for the bozos to show up for an hour or so. and - no AC of course!

anyways - hoping some has some info on this item.

i dont want to lose $190!

[rizthomson 3]

hi sam.........

you have good news man..........you are not going to loose the 190$ ..........infact the dcf from new delhi is more speedier and convenient than filing in US ...........you know since for the affidavit of support spouses need job and i dont think many US citizens will get such a long leave .......ie more than 90 days.......so we also cld not do the DCF........go ahead dear...........its easier if you have sufficient income and sponsor to support the filing to do DCF from delhi.....best wishes

[meauxna 15]

Hey

i have ready many posts on here and it seems everyone has been detered from filing DCF due to the new regulations at delhi.

i have been here since may 15th.

i am getting married on oct 19th.

as soon i marry i can apply at frro for overstay/long term stay

i have a 10 year visa that allows me to stay 6 months at a time.

but - after registering with the FRRO i can stay 5 years

so - i am just wondering why everyone has been detered from the new regs.

just means you have to stay more like 90 days instead of 60 days.

i also dont ahve bills in my name, but i have bank statements showing my atm withdrawls here, i also have bills from ACSA (american ciitzine services association) and then there is my dentist bills. :-)

so - can i ask if there is anyone who has gone and tried DCF.

is it really all that much more difficult than before?

I dont want to waste time.

i wasted enough of that with the stupid marriage registrar approving for civil marriage. i dont think he had ever seen an papers from the US ever. I never had to submit so many papers in my life - and get them all stamped a gazillion times by a gazillion people. took 10 trips to the marraige office. sitting and waiting for the bozos to show up for an hour or so. and - no AC of course!

anyways - hoping some has some info on this item.

i dont want to lose $190!

Nothing about DCF in Delhi has changed except the amount of time the USC must be in India to be eligible to file.

People have been deterred because now instead of a 2-weeks trip, they must spend more significant time in India. Like riz said, for many people, being away that long isn't an option.

What's the $190 for?

[ManuNSam 1]

$190 is the fee that you have to pay to file the I130 at Delhi

i actually quit my job and work as a consultant.

that was the only way to come and stay so long

im hoping this wont be issue that im self-employed

i have official contracts showing the amount for the contract

and before i left the states i also created myself into a LLC

my income is well over the required.......but i am nervous about

being self employed.

my bigger concern is this residency issue.

i hope they dont require all the "Additional" thgings they put on thier list

really hoping to find someone who has actually done DCF since the new rule.

[meauxna 15]

$190 is the fee that you have to pay to file the I130 at Delhi

i actually quit my job and work as a consultant.

that was the only way to come and stay so long

im hoping this wont be issue that im self-employed

i have official contracts showing the amount for the contract

and before i left the states i also created myself into a LLC

my income is well over the required.......but i am nervous about

being self employed.

my bigger concern is this residency issue.

i hope they dont require all the "Additional" thgings they put on thier list

really hoping to find someone who has actually done DCF since the new rule.

heheh... sorry, that figure didn't jog my memory! Experiences at London (also a USCIS Field Office) show that if the office does not take the case (refuses the I-130 due to lack of required residency), the file and the fee are returned to the petitioner.

I don't think it will be an issue, the self-employment. I was not employed at all when I went to Greece; I qualified on assets and my charming smile. Don't be nervous, just document up the wazoo. If you haven't filed an SE Income Tax Return yet, you can use your business licence, a statment from your CPA or other official evidence that you've got work on (contracts etc as backup evidence).

I *think* that many India petitioners have 'normal' jobs that they are unable to just drop (tho there are a couple Delhi petitioner candidates posting here who are talking about assets in lieu of salary).

As there aren't but a few of you posting to VJ, son't be afraid to google around some. Also, attorney Gary Bala's website is something of an India + DCF magnet--maybe you can find more info there.

[alexis1 0]

I am not sure about the new rule(s) as I did dcf in november of 2005. What i feel to caution you about is being domicile in the US. Me and my husband received a 221(g) intitally and this was one of the reasons. I quit my job to work as a consultant as I did not want to leave my husband, but that worked against us. All is well now though and by the way, what is the new rule on residency.

[ManuNSam 1]

Hi Alexis

The new rule is that to file DCF you must have min 60 days stay AND you have to register at the FRRO AND show receipts of living. IE bills like phone, rent, taxes paid if employed etc. Im a little worried about this one as well because i dont have bills other than my bills from acsa (american citizen services association). shows my many trips to the food court for my hot dogs and hamburgers!

I read your post before about the domicile problem.

I was wondering what you had to show domicile and they still denied you based on domicile. one of your posts stated that you had everything on thier list but they still denied you.

I have

1. my LLC registration that i did before i left the states.

made me officially not just doing business in my name

but this has my permanent address on it.

2. i still have my cell phone bills. I put my cell phone "on vacation" so i only pay $5 a month on it but it doesnt let me out of the 2 year agreement. i have to start paying again in december.

3. i still have my car and insurance in the states

4. i have several bank accounts

5. my permanent address for everything is my moms house

so although i think i have enough to meet the requirement im not sure since reading your post.

sam

[geophil 0]

Hey guys,

I'm also in the same boat.

I'm an Indian citizen and My wife is a USC and she has been here for more than a year now frmo the time of our marriage.

We are planning to DCF in Jan, getting ready with the paper works.

I have two questions.

1. She has the registration document from FRRO, and there is no other proof of residence since she is living with me here in India for the past 14 months. BTW she is on a 5 year multiple entry visa. Question is Do we need any other proof of residence other than the regitration stuff?

2. When she came here she left her job, and currently she is not working either. So is it enough to show the bank statement and the tax papers of the past 3 years of the time when she had a full time Job back in the US. Or should we have to get some co sponsorers who are having a permenant job?

As I read in one of the posts, it is contradictory to expect a resident citizen in India having a full time job in the US. right?

Your advice is greatly appreciated.

[alexis1 0]

Hi Alexis

The new rule is that to file DCF you must have min 60 days stay AND you have to register at the FRRO AND show receipts of living. IE bills like phone, rent, taxes paid if employed etc. Im a little worried about this one as well because i dont have bills other than my bills from acsa (american citizen services association). shows my many trips to the food court for my hot dogs and hamburgers!

I read your post before about the domicile problem.

I was wondering what you had to show domicile and they still denied you based on domicile. one of your posts stated that you had everything on thier list but they still denied you.

I have

1. my LLC registration that i did before i left the states.

made me officially not just doing business in my name

but this has my permanent address on it.

2. i still have my cell phone bills. I put my cell phone "on vacation" so i only pay $5 a month on it but it doesnt let me out of the 2 year agreement. i have to start paying again in december.

3. i still have my car and insurance in the states

4. i have several bank accounts

5. my permanent address for everything is my moms house

so although i think i have enough to meet the requirement im not sure since reading your post.

sam

Wow, it has changed in less than a year. For domicle here is what I gave.

My most recent 3 years worth of taxes

Copy of my drivers license

Bils in my name e.g., credit cards etc

Utility bill, or car insurance bill is good-most recent

Mail-Government Mail works the best other mail is fine too with my permanent address

Letter from my employer stating that I am employed there and my permanent address in their file is.....

Letter from my mom stating my permanent address and residence

For me, and each interview is different, I had to go home, I mean at the window, the guy told me that for domicile, I had to go home and prove that I lived in the US, worked and paid taxes. So I went home. My interview was in January 2006, I went home in February and I sent all the paperwork in March. My husband was in the US 14 days later.

Hey guys,

I'm also in the same boat.

I'm an Indian citizen and My wife is a USC and she has been here for more than a year now frmo the time of our marriage.

We are planning to DCF in Jan, getting ready with the paper works.

I have two questions.

1. She has the registration document from FRRO, and there is no other proof of residence since she is living with me here in India for the past 14 months. BTW she is on a 5 year multiple entry visa. Question is Do we need any other proof of residence other than the regitration stuff?

2. When she came here she left her job, and currently she is not working either. So is it enough to show the bank statement and the tax papers of the past 3 years of the time when she had a full time Job back in the US. Or should we have to get some co sponsorers who are having a permenant job?

As I read in one of the posts, it is contradictory to expect a resident citizen in India having a full time job in the US. right?

Your advice is greatly appreciated.

with regard to question 2, your wife will have to get a USC co-sponsor to ensure that you will not become a public charge. This co-sponsor will have to meet the minimum income requirement for his or her household and have to submit all required tax/financial informaiton.

[Raj0000 0]

Alexis:

Where was your interview ? I mean delhi or mum or chennai, just curious .....

I will be in same boat abt domicile as you were.....so I am planning to go back to us after I apply DCF for my wife next week....and than send paperwork from there or comeback at from US at time of her interview....

What did they exactly ask you to go back and do...did they ask you to go back and send affidavit notarized by US notary..pay taxes etc....

Thanks in advance...

Manunsam:

I am planning to go delhi and file DCF for my wife next week (exactly same day on your marriage, oct 19th) and after that I will post my exp here...

I am also self employed kind of...but we will see...what I am relying on is to show enough assets such as arnd 300K USD worth and hoping to get through in place of regular job...let's see...

good luck....

-Raj

[geophil 0]

Raj, Manusam,

I would be really interested in hearing about your filing experiences when it happens. I'm just a few weeks behind you in the process.

Hope you have read my post above. My wife (USC) has the same kind of domicile issue since she is here in India for more than 1 year.

good luck guys...

[alexis1 0]

Our interview was 1/2006 and it was in delhi. After we received the 221(g) and questioned domicile, they told me I had to go back to the US to prove that I wanted to live their. That is the whole point of being domicile. I stayed their too long and for that trip I was there from August of 2005 and filed in November. I guess the addtional couple of months made it seem I like did not want to be int he us. They asked me to go back an prove that I lived and paid taxes in the US. In a previous post, for this topic, I have listed what I sent them.

Alexis:

Where was your interview ? I mean delhi or mum or chennai, just curious .....

I will be in same boat abt domicile as you were.....so I am planning to go back to us after I apply DCF for my wife next week....and than send paperwork from there or comeback at from US at time of her interview....

What did they exactly ask you to go back and do...did they ask you to go back and send affidavit notarized by US notary..pay taxes etc....

Thanks in advance...

Manunsam:

I am planning to go delhi and file DCF for my wife next week (exactly same day on your marriage, oct 19th) and after that I will post my exp here...

I am also self employed kind of...but we will see...what I am relying on is to show enough assets such as arnd 300K USD worth and hoping to get through in place of regular job...let's see...

good luck....

-Raj

[geophil 0]

Alexis,

This is totally confusing. For doing DCF, they strictly require the applicant to be resident in India on a long term visa. In that case there are obvious limitations for the proof one can produce for domicile. I still think that if you have the tax return document of the last year and other recent supporting documents like employers letter, bank statement etc. to prove your address, that should be enough. Right?

Did you have the tax doc for the last year?

Once you go back to the US to prove your domicile, how can you prove your long term residency in India which is required for DCF. If that is the case they can deny you again based on that.. right?

Oh.. man.. this is really odd..

Anybody there to guide us please?

[meauxna 15]

Once you go back to the US to prove your domicile, how can you prove your long term residency in India which is required for DCF. If that is the case they can deny you again based on that.. right?

Oh.. man.. this is really odd..

Anybody there to guide us please?

hi guys,

"DCF" is really about one thing: Directly Filing the I-130 petition at the Consulate. Once that is done, the USC does not need to be around for the visa interview.

"Domicile" is different from "residence". It's not about proving your address. My domicile stayed in the US even though I was living in Greece for 2+ years. I realize that your Consulates may interpret it differently, but hopefully it will help you understand the concept better as you're reading about it.

So, to answer this question, you only need to show your long term residency in India for filing the I-130. After that, you can go back to the US if you need to.

[geophil 0]

meauxna,

Thank you for your clarification. I think in our case we have enough things to prove the long term residency in India.

http://newdelhi.usembassy.gov/uscisfaqs.html says: "Normally, a Residential Permit issued by the Government of India would suffice as proof of residence in India.". We have that!

But to prove the domicile, thats seems more complicated. http://travel.state.gov/visa/immigrants/info/info_1328.html has a lot of information on "domicile".

In our case, my wife(USC) has been living with her parents in NY. She resigned her job more than a year ago while coming to India. And she doesnt own a house in the US either.

So, could you please help me to see what can we submit as proof of domicile.

FAQ from the above link says:

The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

1. He/she left the United States for a limited and not indefinite period of time,

2. He/she intended to maintain a domicile in the United States, and

3. He/she has evidence of continued ties to the United States.

How can we prove the continued ties to the US?

Sorry for a long post. But I'm a newbie and trying to get more information before actually filing it.

Your precious help is really appreciate.

-

Geophil