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DCF Horror in New Delhi -- Advise needed..

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DCF Horror in New Delhi -- Advise needed..

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Old Oct 10th 2003, 4:24 am
  #16  
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Well, I don't think I am in the system. They didn't accept my application -- they didn't refuse it.

They kept no copies of the application -- nothing. They said that they only do very simple cases in India, and mine didn't look one.

Anyways, I am going back in Nov., having a big wedding Nov. 17th, and then will be at the embassy in a couple of days -- most probably Nov 19th.

Thanks for all your support. Will keep you posted.

As a side note, I think the woman was in a bad mood that day. She told me that she had a meeting at 1:00, and there was no one other than that to do the processing, and it was already 12:30, and there were about 5 more couples in line.

Also, the couple after me, was refused as well that day.

Keeping my fingers crossed.
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Old Oct 10th 2003, 5:26 am
  #17  
Mrtravel
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Default Re: DCF Horror in New Delhi -- Advise needed..

sam123 wrote:

    > Well, I don't think I am in the system. They didn't accept my
    > application -- they didn't refuse it.
    >
    >
    >
    > They kept no copies of the application -- nothing. They said that they
    > only do very simple cases in India, and mine didn't look one.
    >
    >
    >
    > Anyways, I am going back in Nov., having a big wedding Nov. 17th,
    > and then will be at the embassy in a couple of days -- most
    > probably Nov 19th.

Wouldn't this then show to them that the original wasn't real???
 
Old Oct 10th 2003, 5:32 am
  #18  
Maryanne Kehoe
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Default Re: DCF Horror in New Delhi -- Advise needed..

I would talk to a supervisor at that embassy. You are at the very least,
should expect COURTEOUS service. The comment about having "a small
wedding" was a subjective judgement, it is your wife that is the
beneficiary of the immigration application, NOT your guests!

The other alternative is that when your wife gets here (or maybe even
before), file a complaint thru your congressman's immigration rep.

We are living in tough times but that does NOT give the green light for
the embassy to **** on you.
 
Old Oct 10th 2003, 5:57 am
  #19  
Mrtravel
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Default Re: DCF Horror in New Delhi -- Advise needed..

maryanne kehoe wrote:
    > I would talk to a supervisor at that embassy. You are at the very least,
    > should expect COURTEOUS service. The comment about having "a small
    > wedding" was a subjective judgement, it is your wife that is the
    > beneficiary of the immigration application, NOT your guests!
    >
    > The other alternative is that when your wife gets here (or maybe even
    > before), file a complaint thru your congressman's immigration rep.
    >
    > We are living in tough times but that does NOT give the green light for
    > the embassy to **** on you.

I would at least expect an explanation from the Consulate General.
MA, this is similar to the horror stories from Mumbai. Apparently the
people in India are suspicious of anything not in the norm for an Indian
marriage.
 
Old Oct 10th 2003, 10:02 am
  #20  
ProfsnlOCMan
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Default Re: DCF Horror in New Delhi -- Advise needed..

MrTravel, I always respect and enjoy your pithy and well informed
posts.

However on this one there are some errors of assumption

1. The office that denied the application processing was BCIS - NOT
the Consulate general. BCIS is part of HomeLand Security now, not part
of the Dept. of State.

2. Yes, there is an actual BCIS (Old INS) office WITHIN the Delhi
Embassy of the US Government

3. They can EASILY technically deny processing - never forget the DCF
is totally DISCRETIONARY by law. It is meant for USCs who RESIDE in
India. I have fax messages from the BCIS office in New Delhi that make
this very clear right on the first paragraph.

4. I have personally spoken many times to those folks last january
during my fiancee's K1- I was thinking of jumping into marriage and
going to Delhi while on a vacation in India.

5. Basically if they smell fraud, they do NOT want to become party to
the approval of an I-130. And never forget one thing, K1 or K3 or
I-130, there is an obsession with seeing WEDDING ALBUMS and lots of
people - that's Indian tradition when it comes to weddings.

BOTTOM LINE: The K3 is the safer route rather than getting married
again - if for any reason they smell fraud (ever heard the phrase "he
doth protest too much" ?) the consequences could be even more severe.

That is my two cents worth - as a non lawyer of course.

--------


mrtravel <[email protected]> wrote in message news:<[email protected] om>...
    > maryanne kehoe wrote:
    > > I would talk to a supervisor at that embassy. You are at the very least,
    > > should expect COURTEOUS service. The comment about having "a small
    > > wedding" was a subjective judgement, it is your wife that is the
    > > beneficiary of the immigration application, NOT your guests!
    > >
    > > The other alternative is that when your wife gets here (or maybe even
    > > before), file a complaint thru your congressman's immigration rep.
    > >
    > > We are living in tough times but that does NOT give the green light for
    > > the embassy to **** on you.
    >
    > I would at least expect an explanation from the Consulate General.
    > MA, this is similar to the horror stories from Mumbai. Apparently the
    > people in India are suspicious of anything not in the norm for an Indian
    > marriage.
 
Old Oct 10th 2003, 12:59 pm
  #21  
Mrtravel
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Default Re: DCF Horror in New Delhi -- Advise needed..

[email protected] wrote:

    > MrTravel, I always respect and enjoy your pithy and well informed
    > posts.
    >
    > However on this one there are some errors of assumption
    >
    > 1. The office that denied the application processing was BCIS - NOT
    > the Consulate general. BCIS is part of HomeLand Security now, not part
    > of the Dept. of State.

For some reason, I didn't see the original, only Mary Anns followup, so
thougyht the isue was with DS not approving the visa, not with USCIS not
approving the I-130.

    >
    > 2. Yes, there is an actual BCIS (Old INS) office WITHIN the Delhi
    > Embassy of the US Government

As in Moscow when we filed I-130 there.


    >
    > 3. They can EASILY technically deny processing - never forget the DCF
    > is totally DISCRETIONARY by law. It is meant for USCs who RESIDE in
    > India. I have fax messages from the BCIS office in New Delhi that make
    > this very clear right on the first paragraph.

But I though this was a denial due to the belief the marriage wasn't real

    >
    > 4. I have personally spoken many times to those folks last january
    > during my fiancee's K1- I was thinking of jumping into marriage and
    > going to Delhi while on a vacation in India.
    >
    > 5. Basically if they smell fraud, they do NOT want to become party to
    > the approval of an I-130. And never forget one thing, K1 or K3 or
    > I-130, there is an obsession with seeing WEDDING ALBUMS and lots of
    > people - that's Indian tradition when it comes to weddings.
    >
    > BOTTOM LINE: The K3 is the safer route rather than getting married
    > again - if for any reason they smell fraud (ever heard the phrase "he
    > doth protest too much" ?) the consequences could be even more severe.

I agree. I think if they suspected the small wedding indicated fraud,
then by having a big wedding and presenting the case again for DCF, they
would suspect the small one really was fraud and the big wedding is an
attempt to cover up the fraud.

I think it is safer for people NOT to DCF in India if they have a
marriage considered "abnormal" but old cultural standards, be it a small
wedding, or a previously married American woman with children marrying
an Indian man.
 
Old Oct 11th 2003, 1:07 am
  #22  
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Default Re: DCF Horror in New Delhi -- Advise needed..

DCmarc is a made up name in attempt to libel me. It is a fake screen name from a known troll poster named BillWilson and Okiedokie. If you search on my real name you will know why.

DCMark

Originally posted by DCmarc
----------------------------------------------------------------------------------

disregard this post from the troll, it is another made up story to gain attention.

DCMark
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Old Oct 15th 2003, 4:48 pm
  #23  
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Default Re: DCF Horror in New Delhi -- Advise needed..

Hi, I am new to this group.

pjt, in reading your posts, I see that your spouse just succesfully recieved a visa. Can you please post the specific questions your spouse was asked at the interview, and what replies were given. I would greatly appreciate to hear your experience. Thanks alot.

My situation is almost identical to sam123. I am an USC (of indian descent) who has married in India. Due to time constraints, we had our engagement and marriage on the same day - We had a large engagement party (about 60-70 people) and a small marriage ceremony (about 20 people, immediate families). We tried to do DCF in New Delhi, but our petition was not taken - again the reason being that we had a large engagement but a small wedding. Our match is typical - we are of the same caste, both in our twenties, and my wife is younger than me.

I have applied for a K-3 visa, via a lawyer. She assures me that there shouldn't be any problems, that DCF cases for non-resident citizens are discretionary, etc. I am still very skeptical and nervous.



Originally posted by pjt
Sounds like you were the victim of that lady's bad mood. We had a male officer at New Delhi and yes, he was rude, but he did accept our case after few minutes of arguments. And no, it's not necessary that a person having big engagement ceremony has to have a big wedding as well.

(1) Have you talked to the congressman's office or senator's office? (My congressman's immigration representative was very helpful.) Ask them to help you. I can assure you that even they will agree that your small wedding should not be a reason for rejection.

(2) I would not suggest registering in court again. That's a big NO. It can completely destroy your case.

(3) If you are going to have a big wedding, then go to New Delhi for DCF after that. Tell them that they had refused to accept your file last time because of the small wedding.

Whatever you do, be firm and have confidence. If filing from India doesn't work, then file K-3 from US. Don't do anything that can complicate your case.
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Old Oct 16th 2003, 2:14 am
  #24  
pjt
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Default Re: DCF Horror in New Delhi -- Advise needed..

Visa interview was a breeze. They asked my husband about my profession, his profession and about affidavite of support. He was not asked about the wedding being small or anything related to wedding.
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