dss

I'm USC and have fiance in India. I was going to apply I-129F here in the US but several people have told me that I can submit I-129f at New Delhi embassy in India and she'll have her visa in less than two months. Anyone here know anything about this?

jeffreyhy

dss,

Those several people are giving you incorrect information.

Regards, JEff

Bluegrass Lass

A fiance visa, as far as I know, can only be applied for through a USCIS Service Center here in the US. What your friends could be referring to is what's called Direct Consular Filing (DCF). I think that is still available at New Delhi Embassy. However, you can only apply for DCF if you and your fiance are already married. In that case you file the I-130, not the I-129f. If DCF is available to you, she could get her visa in a much shorter period of time. Research DCF (the embassy won't call it that though) and see if it's available in New Delhi, and what the process is.

Good Luck,
Jamie

mcjimbo

Yep thats correct.

It's true that part of the process is carried out in your fiancee's country, but the 129f must be filed in the U.S. first. Onces its approved 2nd NOA (Notice of Action) the information will be sent to the beneficiarys country for the second part of the process, Packet 3 sent by U.S. embassy (there paperwork) and K-1 interview.

dss

New Delhi allows DCF according to this following website. Thanks all for your help...
http://www.usaimmigrationattorney.co...countries.html

jeffreyhy

dss,

The reference you give confirms what we've been telling you. There is no DCF for an I-129f petition.

Regards, JEff

Bluegrass Lass

James, when applying for DCF, the couple is married and files the I-130 directly with the consulate. There is nothing done here in the US as I understand it. I think you are thinking of the K3 visa. The K3 and the I-130 are two different things. The K3 simply allows the married couple to be together in the US while the I-130 is being processed at the USCIS Serv. Center. When a couple files the I-130 directly with the consulate, they get approved in a much shorter period of time, and the foreign spouse enters as a PR right away - no AOS needed.

Someone please correct me if I'm wrong.

Jamie

jeffreyhy

Jamie,

Not quite sure what your point is. Jimbo correctly described the K1 visa process, which is what the OP asks, but has incorrect information, about. How do you get the impression that jimbo is thinking of a K3 visa?

You are correct that the K3 and the I-130 are two different things. Just as the K1 and the I-129f are two different things. In both cases the former is a visa and the later is a petition - very different things.

Regards, JEff

dss

Sorry for any confusion. After you guys told me that I-130 can be filed with Consulate, I got too excited, right away started thinking, "I can go over there and get married and apply for I-130 and see my significant other so much sooner...
:-)

I'm really curious why more people don't do it this way...

Bluegrass Lass

Because there only a small number of consulates that allow this procedure. Most consulates require the American citizen to be a resident of that country in order to file DCF. For example, London would require me to be a UK resident in order to file the I-130 directly with them. Sad, but true, unfortunately. Otherwise, I'm sure I would have been with my fiance months ago.

Bluegrass Lass

I assumed, that since he copied my answer from my first post, that he was correcting what I had told the OP. Which, as you said, is right for the K1/I-129f procedure, is not correct for DCF. What James mentioned is correct for the K3, since I read it as him referring to the I-129f portion of the K3. My bad.

Jamie

dss

Ah, I see. Thanks for the help and good luck to you and your fiance.