DCF India - residency requirements

[aztek 0]

Hi all,

I am planning to go thru DCF route at new delhi consulate in India. People who did this earliar in India, could you please share what documents you have submitted to prove residency requirement?

Also, after staying how long in India did you submit I-130?

Apppreciate your responses & experience.

[jazz88 1]

Hi all,

I am planning to go thru DCF route at new delhi consulate in India. People who did this earliar in India, could you please share what documents you have submitted to prove residency requirement?

Also, after staying how long in India did you submit I-130?

Apppreciate your responses & experience.

i try to apply 2 times form new Delhi..they could not accept my husband file.

first time i try after 3 months & second time i try after 5 months.

i ask them to how long i have to stay in india after that i can submit I130?

but lady she told me that there is not any time.. you only need residency requirement.

i show her my college document because i was attending some class's..but she did not accept that.

also she said that i can stay in india but i need to send my file to Chicago.

[aztek 0]

Thanks for your response.

What visa did you have? Did you get Resident Permit from Govt of India (FRRO)?

Also, did you submit any other documents (like rent/lease, utility bills etc) in-addition to college? I would think they should accept the college documents.....Strange are the ways of New Delhi consulate.

[jazz88 1]

Thanks for your response.

What visa did you have? Did you get Resident Permit from Govt of India (FRRO)?

Also, did you submit any other documents (like rent/lease, utility bills etc) in-addition to college? I would think they should accept the college documents.....Strange are the ways of New Delhi consulate.

i am U.S citizen..nope i ask her she said that like some company hire you for 6 months or 1 year..

means in 1 year you are not going back to usa. you gone stay here. that's what she said to me.

i took some class's like for 3 months when finish that after that i am planning to take some more class's for 6 months.

i have letter with me which one i got from my college principal its explane everything. but they did not accepted it.

also 1 of my cousin try there too..they not accepted his file too.

[aztek 0]

Jazz, my question on visa was: were you there on vistior visa or OCI?

so you had job offer for 1yr and you were refused saying you are going to stay in India for 1yr?

[jazz88 1]

Jazz, my question on visa was: were you there on vistior visa or OCI?

so you had job offer for 1yr and you were refused saying you are going to stay in India for 1yr?

i was in Punjab on my visitor visa..i had multipurpose visa..but i dont have anything resident permit from Govt of India.

nope i dont have any job..i came back from india after that apply from here usa.

they said if you want apply from here(india) then you have to stay here for 1yr or more..you have to have job offer or something else..like why are you staying here(india).

i hope you understand wht i am saying?

[aztek 0]

Jazz, got it. I have OCI and so I guess I wont get Residency Permit. So need to see if its worth to give DCF a shot with other documentation.

Thanks for sharing your experiences.

[jazz88 1]

if you are going to apply from delhi..plz let me know what your experience.

good luck.

[aztek 0]

Jazz, I will update you once I do it...

[daxni 0]

Hi,

This is what I understand of DCF residency requirements.

You need to establish that you "stay" here.

US Embassy in India required you to be staying in India for atleast 180 days (i.e. 6 months) before you can apply via the DCF route.

This stay could be for any reason. You need not necessarily be working here. I mean US government does not care what you are doing here as long as you are able to prove to them that you are here on valid permit and for the right reason (just staying to be able to file for DCF is NOT a right reason).

Jazz what visa are you on for your stay in India. From what I understand the only multi purpose Visas are the ones issued for PIO or OCI card. Please note that even for PIO visa you have to register with the nearest FRRO office for the first time. Only OCI card exempts you from this registration. Even if you are on Tourist Visa you must register with FRRO if your stay extends a certain number of days. Tourist usually get a permit for only 180 days to stay in India. This visa is NOT extendable in india (although MHA delhi can convert it to an X Visa also known as entry visa). But even a X or Entry visa holder is required to register with FRRO.

The people at US Embassy know this hence they ask for either OCI card or the FRRO registration.

Please understand, that if you have overstayed in India, the immigration officers at the airport might harass you at the time of your exit form India. If you have already overstayed, I suggest you goto the MHA office New Delhi at the earliest and sort out this matter.

The registration at FRRO is fairly simple. The staff is extremely courteous and helpful provided you have not violated your stay conditions.

Aztek and Jazz both please note that you do not actually need any utility bills etc. If you are staying with your spouse in India you could have the utility bills on his/ her (or family's name). Although you would have to justify to the Embassy as to why are you staying in India for so long.

SAY the TRUTH even if the truth is as simple as to spend time with spouse's family, or studying in india (on valid visa) or volunteer at some NGO, or someone in the family that you are close to was not well.

Please note once again that staying in India so that you can apply for your spouse via DCF is NOT a valid reason. If that is the case, I suggest you apply thru Chicago office.

The work permit rules in India are very stringent. You have to be earning more than a certain amount of money for you to be eligible for getting an Indian work permit. It is sad to say but most people (expecially of indian origin) do not get a valid work permit before working in India. Unless you have a work permit, or OCI card or PIO card you cannot work in India.

when you goto apply via DCF

try and carry your indian driving license if you have one or debit/credit card form india, or your US debit/credit card statments showing transactions made in india. May be proof of joint bank account with your spouse

a cover letter explaining your extended stay in India.

proof of your legitimate stay in india.

Hi,

This is what I understand of DCF residency requirements.

You need to establish that you "stay" here.

US Embassy in India required you to be staying in India for atleast 180 days (i.e. 6 months) before you can apply via the DCF route.

This stay could be for any reason. You need not necessarily be working here. I mean US government does not care what you are doing here as long as you are able to prove to them that you are here on valid permit and for the right reason (just staying to be able to file for DCF is NOT a right reason).

Jazz what visa are you on for your stay in India. From what I understand the only multi purpose Visas are the ones issued for PIO or OCI card. Please note that even for PIO visa you have to register with the nearest FRRO office for the first time. Only OCI card exempts you from this registration. Even if you are on Tourist Visa you must register with FRRO if your stay extends a certain number of days. Tourist usually get a permit for only 180 days to stay in India. This visa is NOT extendable in india (although MHA delhi can convert it to an X Visa also known as entry visa). But even a X or Entry visa holder is required to register with FRRO.

The people at US Embassy know this hence they ask for either OCI card or the FRRO registration.

Please understand, that if you have overstayed in India, the immigration officers at the airport might harass you at the time of your exit form India. If you have already overstayed, I suggest you goto the MHA office New Delhi at the earliest and sort out this matter.

The registration at FRRO is fairly simple. The staff is extremely courteous and helpful provided you have not violated your stay conditions.

Aztek and Jazz both please note that you do not actually need any utility bills etc. If you are staying with your spouse in India you could have the utility bills on his/ her (or family's name). Although you would have to justify to the Embassy as to why are you staying in India for so long.

SAY the TRUTH even if the truth is as simple as to spend time with spouse's family, or studying in india (on valid visa) or volunteer at some NGO, or someone in the family that you are close to was not well.

Please note once again that staying in India so that you can apply for your spouse via DCF is NOT a valid reason. If that is the case, I suggest you apply thru Chicago office.

The work permit rules in India are very stringent. You have to be earning more than a certain amount of money for you to be eligible for getting an Indian work permit. It is sad to say but most people (expecially of indian origin) do not get a valid work permit before working in India. Unless you have a work permit, or OCI card or PIO card you cannot work in India.

when you goto apply via DCF

try and carry your indian driving license if you have one or debit/credit card form india, or your US debit/credit card statments showing transactions made in india. May be proof of joint bank account with your spouse

a cover letter explaining your extended stay in India.

proof of your legitimate stay in india.

[Immigration race 0]

very well explained

[aztek 0]

daxni very much appreciate your detailed response....

Reg: "US Embassy in India required you to be staying in India for atleast 180 days (i.e. 6 months) before you can apply via the DCF route."

Did you read this anywhere? I searched everywhere and could never find any official document which states this 180 day requirement. It is usually from tax perspectives.

I got the following response from delhi...It clearly states The length of stay is not the criteria to prove the residency requirements.

But no where does it say about 180 days....Appreciate your opinion on this....

"The USCIS at the U.S. Embassy in New Delhi accepts I-130 petitions from U.S. citizens who reside in India. Physical presence is must for the U.S. Citizen and the beneficiary for filing the petition. The length of stay is not the criteria to prove the residency requirements. The 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 the U.S. citizen is not eligible to file in New Delhi, he/she should file the petition with the U.S. Citizenship & Immigration Service Center having jurisdiction over their place of residence or last residence in the United States. "

[daxni 0]

Check the link

http://travel.state.gov/visa/immigrants/immigrants_5254.html

The last paragraph states:

If you would like to file one of the petition forms listed above, you must have resided legally in the consular district of the U.S. embassy or consulate at which you would like to file for at least the past six months. In rare situations, consular officers may consider accepting a petition even if the petitioner does not have six months' prior legal residence. Review the U.S. embassy or consulate website responsible for the consular district where you reside for more information.

Please note the websites of US Consulate or Embassy are not up to date. For example the Mumbai Consulate website states we can walk in for interview without appointment if we have a white 221g. But in reality one has to submit this with the VFS. Even the people replying to the e-mail might not be familiar with the latest rules. So always carry a print of the website or the email communication. You never know when you might need them.

Plus also note, when it comes to Embassy / Consulate, there are no fixed rules. Most of them are only guidelines (via FAM or field manuals). It is upto the CO (consular officer) to interpret them. This is because every region has different playing field (when it comes to people manipulating the requirements).

e.g. for a sponsor in Affidavit of support, the minimum amount (x3 for spouse) might not be accepted by the consular officer, and he might demand a joint sponsor or much higher levels of funds.

[daxni 0]

CORRECTION

My own thoughts on my post

Please note in the above post

The part about 6months rule might apply only to countries with no USCIS. And Individual USCIS might have the power to decide their own rules to proove residency.

If i get more information I will post

Sorry.