Folinskyinla

AILA has posted a notice from its Department of State Liason committee -- New Delhi handles DCF for all of India. For them to take an I-130 from a US citizen in India, the petitioner will now have to show at least 60 days physical presence in India as evidenced by the passport entry stamp.

AshB

How is the '60 days physical presence' period counted? Suppose USC is filing I-130 for spouse, then should it be after marriage OR it can be before? How far back residence in India is considered for this period?
Thanks.

Folinskyinla

Hi:

Physical presence is counted from date of entry.

The I-130 can't be filed until after the marriage.

Folinskyinla

Hi:

Physical presence is counted from date of entry.

The I-130 can't be filed until after the marriage.

AshB

I apologize for not wording the question properly. I-130 for spouse can be filed only after marriage, but I meant to ask- whether the 60 day period should be in the same trip in which USC gets married or it can be in different trips before marriage?
For example, USC goes to India in February, stays for 45 days (may be get engaged), returns to US, then goes back in July and within 15 days gets married to the previously engaged person, then can he do DCF immediately OR he has to stay in India for 60 days in that trip itself before he can do DCF?
Thanks.

Folinskyinla

Hi:

I have no idea. I pased on the information I had.

SundarV

Taken from email posted by another poster

http://britishexpats.com/forum/showt...ighlight=ajayd

"Effective July 1, 2004 our Office will accept Form I-130 petitions from only those U.S. citizens who have resided/lived within our jurisdiction (i.e., in
India) for the past 60 days at the time of filing the petition."

So 60 days before filing continuously in India.

Sundar