DCF-130 New Delhi

[Crysis2 0]

Hi,

I am an Indian National and my wife is a USC. We have been married for almost a year now and for the entire time of our marriage, she has been residing with me in India. She has a Residential Permit and an X-Visa/Entry Visa which was renewed a few days ago for the second time. (The X-visa is only valid for a year)

Now to my questions -

1. I called the CIS helpline at Delhi and they said they weren't sure if my wife qualified for DCF for I-130 and we would have to personally visit and find out. I have read a lot on this forum and all evidence suggests that she does qualify but I would like to hear your views. Does she qualify for DCF?

2. Does she need her tax filings when we apply for the I-130 because we have applied for them but they haven't arrived yet.

3. Now here is the zinger. I met my wife while I was a student in the States (but got married in India)and I had overstayed my visa. I was put in Immigration Proceedings and I opted for Voluntary Departure and I departed within the given time frame. Will this have any bearing on whether our I-130 gets approved or not? Or this is the part to worry for the actual CR-1 visa interview?

Thanks for your time.

[Penguin_ie 5,994]

1. I think she should qualify, but hopefully some Indian VJers will come along and confirm.

2. Not needed for initial filing, most DCFers submit the I-864 at interview or with Packet 4.

3. The I-130 is about her, not you, so yes, the overstay won't be brought up will your CR-1 interview, How long did you overstay? What paperwork were you given at departure and/ or what was written in your passport?

[Crysis2 0]

3. The I-130 is about her, not you, so yes, the overstay won't be brought up will your CR-1 interview, How long did you overstay? What paperwork were you given at departure and/ or what was written in your passport?

My overstay was for more than a year. I was just given the notice to depart voluntarily. Nothing was stamped in my passport. I was told that as long as I fly using a commercial airline (which I did), I didn't have to worry about anything since they can track passenger records. I still have the original boarding pass, ticket stub, etc so if they can't verify I have some documentation to show them.

Thanks for your helpful answers. Maybe some Indian VJer can enlighten me on my I-130 filing dilemma.

[Crysis2 0]

Just updating:

Went to the US Embassy in Delhi at about 10:20 am on the 18th of October. We were escorted to the USCIS section after completing the security checks. There, there was only one person ahead of us. His thing was done in about 15 mins and we were next. An Indian lady interviewed us.

Questions asked:

1. Why didn't you apply earlier? She said, if we had applied earlier, I would have gotten my visa by now.

2. Why were we both wearing white for one of our weddings? (I say ONE of our weddings because we had one court marriage, one traditional marriage and three receptions.)

3. Is my wife working?

Documents kept by them:

1. The forms.

2. Copies of our passports.

3. Copy of the Marriage Certificate.

4. A few pictures that she personally selected. (We had taken our entire wedding album but it wouldn't fit through the little slot that they have so she had to settle for a few loose pictures we had printed.)

5. Passport sized pictures.

6. Copy of my wife's FRRO Registration Certificate.

Wife was told to pay the required fees and that we would hear something from the US consulate in Mumbai in a few months and we were out of the Embassy by 11:20 a.m.

Not much of a hassle for me but all the security checks and what not made my wife very nervous and she was on the verge of tears. Had to calm her down and tell her not to be intimidated and just answer all the questions truthfully.