DCF - Residency Requirement for Beneficiary and Petitioner

[ie1059 3]

Hello Friends!

I am an Indian citizen currently on a contract project in Singapore and working with a valid work permit in Singapore for past 10 months.

My wife is a US citizen and is a resident of India staying at her parents' place as I am out of the country. She has an OCI visa with her. She has been living in India since 1997.

We got married in December 2014 and lived together for 3 months before I moved to Singapore for an onsite project from my company in India.

I do not have a residential proof document in India as I moved to Singapore to work, and hence had terminated my earlier rental agreement. So my wife moved in to her parents' home in the same city to live until I return to India after my project gets completed in Singapore which would be somewhere between September 2016 to December 2016.

We plan to move to US and are thinking of applying via DCF in New Delhi USA embassy.

So, my dear friends, I just have a few questions which I need help with it

- Can my wife show her parents' home residence proof as a document to prove residency in India along with her OCI card?. She has all her tax returns in place too.

- Do I need to be living in India for DCF to work for my immigration visa?, I mean what are the rules of the US embassy at Delhi?, they just state that my wife, the petitioner needs to prove her residency.

- Imagine, I get my I-130 approved, so when the time of the interview comes, I will have to produce a PCC - Police Clearance Certificate right?, in this case, can I produce an Indian PCC from the local Indian Embassy in Singapore and fly for the interview to India?, or do I need to obtain a PCC from my home city, where I am currently not living?

- My wife is returning to India after a short trip in the US of about 4-5 months. She was in USA from October 2015 to Feb 2016. Although she still holds her valid OCI visa, will she be required to stay for some specified time in India before we apply the I-130?, I read on quite some posts here on VJ, that there is a 90 day stay period for doing that. She had made this trip to USA to attend a religious event and also to get her USA Govt. documents in order to show as proof for re-domiciling intent in USA when we apply for DCF.

- If at all my I-130 does not get accepted due to my non-residency in India, can we transfer that same application to USA Chicago office without losing the USD $420 I-130 form fee?

Thanks a lot friends for the help! :)

Best Regards,

Yusuf.