Hi All,
I went to India in mid Nov and came back in 1st week of February in that time, I've got married to a beautiful girl and was able to file I-130 in New Delhi. By the way is this process called DCF?? Anyway so when I was in India I had so much confusion regarding the rules and regulations for filing from New Delhi that I thought I should post this so that it might be helpful to others. Here goes my story:
I went to India on 10 years visitor's visa. I got married in the third week of december, and soon after I started to explore my options regarding how to file for my wife. I hired an agent who helped us prepare the I-130. I asked him about New Delhi and he said that it's been about an year may be more since last he had sent a couple to New Delhi to file it. And since than the rules has changed and it requires at least about 6 months of stay for the US citizen to prove the residency of India. Being and IT Professional I decided to do some research online. And I thought the first place to look for the information was the website for US Embassy in New Delhi. I read thru the requirements and nowhere, I meant nowhere it mentions that US Citizen has to stay for atleast 6 months or even a 3 months to prove the residency, and that bring up my hope. I showed that to my agent and he suggested that if I was willing to spend money and travel to New Delhi than it's worth shot. BTW I am originally from Surat, Gujarat.
Now to prove my residency I had to change my 10 year Visitor's visa to 5 yesar "Entry" Visa on which then I can get the Residency stamp which will allow me to stay for more than six months in India. This process was done by my agent thru FRRO (I think). He said, with this we'll be able to prove our residency. We finished our I-130 paper work and in 3rd week of Jan 08, My wife and I went to US Embassy in New Delhi.
We took the train at 9pm in Surat and reached Delhi next morning. We went to the hotel stayed for the day and tried so hard to relax, because thought of rejection was still in the back of our mind. At that time I was in India for only about two months and few days. The only hope was that the US Embassy's New Delhi web site doesn't mention the 90 days or 180 days requirement anywhere. I also took the print copy of the Residency requirements also as an back up just if they mention about 90 days requirement.
Next day morning, we reached the Embassy at around 10 am. We went to the guard and I told him why were there and showed my US passport. He told us to enter their office (I forgot the name of the office). Anyway we went thru the security and then were taken along a walkway towards as seemed to be the back of the building. We entered one door. There was a security guard as well, he took us to another door inside where we were told to sit. There was only one other couple as well who was there to apply for I-130 I think, though I didn't ask. We waited for about 30 minutes. In a meanwhile I show couple of papers stating the residency requirement on the wall in that waiting area. One of them was exactly same as the one that I printed from online. Another one was also similar but it mentioned that "The Indian residency is usually not proven unless the person has stayed in India for at least 90 days". Even though there was a word "usually" in that sentence, I got really worried about my chances. But since my wife was there as well I acted cool, you know how Men's ego work.
After about 30 minutes, a lady came and asked other coupe to go with her in the room inside. In about 15 minutes they came out and left. They seemed happy so I think they were successful in their purpose. Then were asked to go inside the other room. It was the same lady. She was very polite. Once in her office, she asked for all the required documents. She asked couple of basic questions like when was our wedding, how many people attended it. etc. Then she asked me since how long I was in India, and for a moment I was silent. My worst fear seemed to be becoming true. Then something happened, I told her about more than 2 months. She looked at me, and asked me more than 2 months or less than 3 months. I thought uh oh...this is not good. so I said very politely, and I quote, "hmm...I think more than 2 months but less than 3 months". Then she asked me the date on which I entered India and counted the exact days, the number came out to be about 65/66 days. Then without any expression she asked me where we came from, and I told her that we came from Surat, Gujarat. She asked me how? and I said we took overnight train from Surat and took us about 12-13 hours to get to Delhi. And then she asked us to keep the wedding photos ready, and stepped outside as someone was calling for her. She came back, marked all the details regarding our location, name, etc... with red pen on I-130, probably just making sure that everything was filled correctly.
Then she told us that we need to pay the fee outside at the cashier's window, once she'll get the proof of the payment, the application will be approved and move to Mumbai consulate. I remain calmed even though I knew that our trip to Delhi was a success, from inside I felt like dancing. She then gave us package 3.5, and told us that the earlier we send this forms to VFS office the earlier she's get the interview date. and then We were escorted back to the cashier where we paid the fees and then we got out of the Embassy. We were just excited and thrilled with enjoyment with our success. But I still had confusion regarding package 3.5 cause according to our agent, were not supposed to get anything but the receipt of our payment from the Embassy.
Once back to Surat, I asked my agent regarding 3.5 and he had no idea. But luckily two days later I had to go to Ahmedabad to attend my friend's wedding, so I've decided to goto VFS office in Ahmedabad and ask them about it. Staff at VFS office were very polite as well, and the lady working their told us that package 3.5 was the old process and I should be getting the package from Mumbai Consulate instead. And I think that lady was right because my wife received the package from Mumbai Consulate which contained everything that was in package 3.5 and additional letter which had our case number on it. My agent called this form DSL forms for some reason, I don't know. Does this mean that I successfully filed I-130 from New Delhi??
Anyway, My wife filled out a form from this package and sent it to Mumbai Consulate. Does anyone know what are the next steps? Will she now get the interview date or is there any other process that she'll have to get thru?
I think New Delhi was just the first step towards her getting the VISA to US. I hope that the rest of the process go smoothly as well.
I posted this thread because I think, there's so much confusion regarding filing I-130 from New Delhi, and I thought this post might be helpful.
