Marriage in US and DCF in Delhi

[kind_heart 0]

Would it be possible to do DCF in Delhi if the USC and Indian spouse got married in US and returned to India?

[meauxna 15]

DCF = Direct Consular Filing. It concerns the filing of the I-130 at the Embassy/Consulate/USCIS Field Office overseas instead of in a US Service Center.

Local marriage is not a requirement in India.

Local residence IS. The USC must be resident in India, for 6+ months.

[kind_heart 0]

Thanks for answering the marriage part.

But I am still thinking about "residency in India part".

Please read this from US embassy Delhi website;

Q. Who can file Form I-130 [Petition for Alien Relative] at the USCIS Office in New Delhi, India?

A. A. U.S. citizen who is a resident of India can file Form I-130 on behalf of his/her spouse, parents and child (less than 21 years old) at this Office. Normally, a Residential Permit issued by the Government of India would suffice as proof of residence in India.

On another page they say;

In most instances a finding of residency cannot be made with less than 90 days continuous presence in India.

So, where does the "6 month stay" come from? I think the 90 day stay they mentioned is for those MOST INSTANCES , where the USC enters India on a short term visitor visa to get married to the Indian national.

In most cases it would probably take more than 90 days to get married, have the marriage registered in court and then apply for a residency permit on the basis of marriage to an Indian national.

In other

LESS COMMON INSTANCES, if a USC enters India on a long term employment visa and gets

registered with FRRO and gets a residency permit , say in the first month of his/her stay, I think he/she

should be able to file in the first month showing his resident permit and ongoing employment in India.

Any thoughts anyone?

DCF = Direct Consular Filing. It concerns the filing of the I-130 at the Embassy/Consulate/USCIS Field Office overseas instead of in a US Service Center.

Local marriage is not a requirement in India.

Local residence IS. The USC must be resident in India, for 6+ months.

[meauxna 15]

Yes. Further thought: where DID that 6+ months come from. I'm sure it was personal experiences, but i don't find it now.

This thread is more current and may answer your questions:

http://www.visajourney.com/forums/index.ph...opic=31349&

[Raj0000 0]

Yes. Further thought: where DID that 6+ months come from. I'm sure it was personal experiences, but i don't find it now.

This thread is more current and may answer your questions:

http://www.visajourney.com/forums/index.ph...opic=31349&

Ealier, delhi website mention the requierment for 6 months clearely but now they have changed by saying that usually resi.permit issued after 90 days of constant stay....

Kind_heart: Unfortuntelay, merely showing paper work of registration with FFRO may not work...a person must stay physically in India with certain days to logically convince them than you are staying there and so you need to file DCF...What I am saying is that your idea to land in india and go to regi. FFRO office next day and try to flie DCF on third day wont work....First thing they ask, when you go for filing, is when you come to india..(pl.read my filing exp at http://www.visajourney.com/forums/index.php?showtopic=35855) and they check the arrival stamp in pasport...they wont care to see FFRO permit if somone has stayed in india for quite sometime(Earlier this reqmt was 60 days stay than they changed to 6 month and now they are saying that usually permit is issued after 90 days of continuous stay....this means that they are ready to consider someone who stayed *atleast* 90 days. But again, so far, no one has posted their successful exp of filing after 90 days...but one can try after 90 days...

So bottomline in my opinion, is continous stay of 90 days atleast in india...no matter where you have got married and doesnot matter even if you have FFRO regitration permit within few days of your arrival in India.

Again, this is my opinion based on others and my exp.......

You can send them email and ask.....

Wish you good luck......

[meauxna 15]

Raj, thank you! I know I remember where people had to show their passport at the gate to Delhi Embassy in order to file, and that the Embassy site said so!.. I thought I was losing the plot....

[ken86 0]

well... its kinda like my case i got married in US and my wife came here and stayed for 3 months here and we applied our case with US marriage liscense and we got approved the same day...