Filing I-130 while living in India

[kshipraj 0]

I’m a US Citizen living in India. I want to file for a green card for my husband however I am not sure of the process hence I would appreciate advice from the experienced members on few of my my questions. Here’s a little background about my case.

My husband and I met in the US in 2016 and thereafter got married in Oct/2017. Our wedding was attended by both the families and it is registered in the US. Thereafter my husband(who was working on H1B visa in US) moved back to India in June/2018 due to some family issues and I followed as well in Sep/2018. I was settled in NJ before moving to India and I was working though I am unemployed in India.

1. Where should I file the I-130
2. Since I am no longer working can I have my parents as a cosponsor in the I-864 income support
3. Do I need to be in the U.S to file I-130
4. How long does it take from filing I-130 to IR1 interview

Thank you for taking the time to read through all this.

[LilyJ 1,258]

1) Here’s a screenshot of where to send the I130 when you live outside the US

2) Yes your parents can joint sponsor, one parent will fill out I864 and the other I864a. You will still need to fill out your own I864 regardless of employment status and will need to prove US domicile or intent to establish US domicile by time of the interview. Keep in mind you will not send I864 with the I130 packet, the I864 will come later at the NVC phase 

3) No you do not need to be in the US to file I130

4) Typically 12-14 months total but it could differ based on the service center your petition is assigned to and the backlog of the embassy/consulate. Mumbai is fairly backlogged for interviews I’ve heard so expect it to possibly take more than that 12-14 months total, especially if you are also assigned to Nebraska service center 

[kshipraj 0]

Hey LilyJ,

Thank you for your reply. 

 

While going through the USCIS website I found that USC living in India can file I130 at the USIS New Delhi Field Office as well. Is that possible and related to IR1-DCF. Would that be applicable in my case?

Posted a screenshot from USCIS regarding the I130 filing at New Delhi USCIS Field Office

Appreciate all your help!

[LilyJ 1,258]

5 minutes ago, kshipraj said:

Hey LilyJ,

Thank you for your reply. 

 

While going through the USCIS website I found that USC living in India can file I130 at the USIS New Delhi Field Office as well. Is that possible and related to IR1-DCF. Would that be applicable in my case?

Posted a screenshot from USCIS regarding the I130 filing at New Delhi USCIS Field Office

Appreciate all your help!

Yes you’re right, forgot about that! Yes filing at the field office is DCF and can shorten your wait time significantly. They have been closing field office DCF options so I would try to do that asap if the option still stands in New Delhi. As long as you have legal residency in India you should be able to file