QUOTE(planeobsessed @ Mar 2 2006, 04:54 PM)

meauxna,
the 60 day residency requirement thing seems to be something that a lot of people aren't aware of especially people who go to india and get married.
I learnt this from you last year by posting here and confirmed on the delhi embassy website... and I have told so many people who are either planning on getting married in india or have already married and want to bring their spouses here. Seems some people dont want to beleive me because they know so and so who brought their wife with him when he was only in india for a week!
naturally ofcourse, I try to find logic behind it since someone could have filed k1 like myself and when k1 was either on verge of approval or approved, travel to india and come back with their fiance.
However, recently I have come across immigration cases in freinds and family circle which is causing some doubts in my mind about immigration laws and how equally they are enforced. I have come across situations where its clear that the USC was not in india for 60 or more days and was able to (supposedly) still do DCF and bring their spouse back with them... within 2 months!... this is mostly just hearsay but its now atleast 3 or 4 different cases where this has supposedly happened... and I know when these USC's have left and when they come back its well within 2 months... and the method is DCF!... I sure hope there is something else to this... I haven't yet seen any actual documents from any of these people that prove that has happened but on the other hand in my opinion there is no reason why they'd lie...
That must be frustrating..
The 60 day presense requirement is fairly new in India; I believe that it was introduced as a way to slow down the number of non-resident DCF cases. As you know, India is a big place with a lot of people, many of whom have moved to the US. Volume was definately up at New Delhi.
So, the people you know may have done their DCF beforehand.
Every report I've read of DCF in India in the past year includes the USC saying that they were asked at the gate to the Embassy if they already had 60 days in India and most report that they had to show their passport or other evidence of being in India for 60 days before they were allowed in to file I-130.
Of course it is always possible that the rules are applied unevenly, that bribes are accepted, that someone had connections, that someone lied. The 60 day 'rule' is not a law, it is a matter of policy of the DHS office in India. No matter what anyone reads anywhere, I always recommend contacting the Consulate's Immigrant Visa Unit to determine what qualifies them to be able to file I-130 abroad.
It's possible that the cases you know of were K-3s, and not DCF-->IV. ??? Anything is possible, I suppose.
Let us know if you ever find out more from the people you know.