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DCF (India) After Filling K3 Visa in Feb 2003

DCF (India) After Filling K3 Visa in Feb 2003

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Old Feb 20th 2003, 5:23 am
  #1  
Bhavesh Shah
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Default DCF (India) After Filling K3 Visa in Feb 2003

Hi,



Let me tell you my current situation:

I am a USC and gotten married to an Indian lady in December. I have already
file paperwork for K-3 visa for my wife. My wife lives in Mumbai (Bombay).



Now, I just found out about the DCF and I have one question about it.



Can I go back to India and File using DCF in New Delhi because that we my
wife will get green card as soon as she enters USA and it is much faster
then K-3 visa process?



Otherwise I will have to wait for my K-3 process to finish. I have just
filled my paper work in Feb 2003 and from reading all the posts it will take
up to 6 months to get a K-3 visa. After that She will still have to wait
for I-130 to be approved.



Any information/advice will be appreciated...



Thank you,

Bhavesh Shah
 
Old Feb 20th 2003, 5:37 am
  #2  
Expat
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Default Re: DCF (India) After Filling K3 Visa in Feb 2003

On 20/2/03 1:23 AM, in article [email protected], "Bhavesh
Shah" wrote:

    > Hi,
    >
    >
    >
    > Let me tell you my current situation:
    >
    > I am a USC and gotten married to an Indian lady in December. I have already
    > file paperwork for K-3 visa for my wife. My wife lives in Mumbai (Bombay).
    >
    >
    >
    > Now, I just found out about the DCF and I have one question about it.
    >
    >
    >
    > Can I go back to India and File using DCF in New Delhi because that we my
    > wife will get green card as soon as she enters USA and it is much faster
    > then K-3 visa process?
    >

There is nothing I am aware of that prevents it, but to do DCF you have to
prove residency in India (yet when you filed an I-130 you were asserting
residency in that service center's jurisdiction).

IF, I repeat IF, the I-130 you file for DCF at the consulate and the I-130
you filed at the Service Center intersect then one I-130 may not be valid
(due to the fact one can only have one domicile at a time).

You can either try to do it and hope the consulate does not catch on or be
honest with them and see if they'll let you.

If you do, don't forget to cancel your I-130 and I-129F filed here as to
help move the queue along (although you'll lose that money)!

Good luck
    >
    > Otherwise I will have to wait for my K-3 process to finish. I have just
    > filled my paper work in Feb 2003 and from reading all the posts it will take
    > up to 6 months to get a K-3 visa. After that She will still have to wait
    > for I-130 to be approved.
    >
    >
    > Any information/advice will be appreciated...
    >
    >
    >
    > Thank you,
    >
    > Bhavesh Shah
    >
    >
    >
 
Old Feb 20th 2003, 1:08 pm
  #3  
Victor T.
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Default Re: DCF (India) After Filling K3 Visa in Feb 2003

Hi Bhavesh,

I am also waiting for a K3 for my wife. I filed back in October. If I
knew then what I know now then I also would have attempted to do a DCF
despite not being a US Citizen residing in India. I have seen one
person who successfully processed a DCF in India a few months back. He
was a USC residing in the US. Check this newsgroup for a post by
Chakra (i think). He shared ample good info on this and pointed out
the INS as a courtesy will process the application on behalf of a US
citizen who doesn't fulfil the residency requirements for a DCF.

Either way if you can go to New Delhi give it a try. I recommend
calling there first since things may have changed. Also they approve
or interview you on the spot. I recommend not to cancel existing
petitions until you get an approval or an interview date for your
wife's visa. I am no expert in this matter but it is a gamble. They
might not do it if they know you have an existing petition filed etc.,

Later...
 
Old Feb 20th 2003, 1:41 pm
  #4  
A. Chakra
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Default Re: DCF (India) After Filling K3 Visa in Feb 2003

There is NO domicile requirement for doing the DCF equivalent in India
(at least as of Jan 2003 when my wife's visa was approved)...you can
claim the US to be your residence on the I-130 and still file it at
New Delhi, as I and several other newsgroup members have done. The
requirement of being domicile in India at least was not there when I
filed the I-130 in October...although an immigration lawyer told me to
the contrary.
The confusion arises because on the INS website it states that only
ppl domicile in India can file, although once you go to the INS office
in New Delhi they will tell you they'll accept your application if you
stay in the US as well.


Expat wrote in message news:...
    > On 20/2/03 1:23 AM, in article [email protected], "Bhavesh
    > Shah" wrote:
    >
    > > Hi,
    > >
    > >
    > >
    > > Let me tell you my current situation:
    > >
    > > I am a USC and gotten married to an Indian lady in December. I have already
    > > file paperwork for K-3 visa for my wife. My wife lives in Mumbai (Bombay).
    > >
    > >
    > >
    > > Now, I just found out about the DCF and I have one question about it.
    > >
    > >
    > >
    > > Can I go back to India and File using DCF in New Delhi because that we my
    > > wife will get green card as soon as she enters USA and it is much faster
    > > then K-3 visa process?
    > >
    >
    > There is nothing I am aware of that prevents it, but to do DCF you have to
    > prove residency in India (yet when you filed an I-130 you were asserting
    > residency in that service center's jurisdiction).
    >
    > IF, I repeat IF, the I-130 you file for DCF at the consulate and the I-130
    > you filed at the Service Center intersect then one I-130 may not be valid
    > (due to the fact one can only have one domicile at a time).
    >
    > You can either try to do it and hope the consulate does not catch on or be
    > honest with them and see if they'll let you.
    >
    > If you do, don't forget to cancel your I-130 and I-129F filed here as to
    > help move the queue along (although you'll lose that money)!
    >
    > Good luck
    > >
    > > Otherwise I will have to wait for my K-3 process to finish. I have just
    > > filled my paper work in Feb 2003 and from reading all the posts it will take
    > > up to 6 months to get a K-3 visa. After that She will still have to wait
    > > for I-130 to be approved.
    > >
    > >
    > > Any information/advice will be appreciated...
    > >
    > >
    > >
    > > Thank you,
    > >
    > > Bhavesh Shah
    > >
    > >
    > >
 
Old Feb 20th 2003, 3:46 pm
  #5  
Darren
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Default Re: DCF (India) After Filling K3 Visa in Feb 2003

Expat wrote in message news:...
    > On 20/2/03 1:23 AM, in article [email protected], "Bhavesh
    > Shah" wrote:
    >
    > > Hi,
    > >
    > >
    > >
    > > Let me tell you my current situation:
    > >
    > > I am a USC and gotten married to an Indian lady in December. I have already
    > > file paperwork for K-3 visa for my wife. My wife lives in Mumbai (Bombay).
    > >
    > >
    > >
    > > Now, I just found out about the DCF and I have one question about it.
    > >
    > >
    > >
    > > Can I go back to India and File using DCF in New Delhi because that we my
    > > wife will get green card as soon as she enters USA and it is much faster
    > > then K-3 visa process?
    > >
    >
    > There is nothing I am aware of that prevents it, but to do DCF you have to
    > prove residency in India (yet when you filed an I-130 you were asserting
    > residency in that service center's jurisdiction).
    >
    > IF, I repeat IF, the I-130 you file for DCF at the consulate and the I-130
    > you filed at the Service Center intersect then one I-130 may not be valid
    > (due to the fact one can only have one domicile at a time).
    >
    > You can either try to do it and hope the consulate does not catch on or be
    > honest with them and see if they'll let you.
    >
    > If you do, don't forget to cancel your I-130 and I-129F filed here as to
    > help move the queue along (although you'll lose that money)!
    >
    > Good luck
    > >
    > > Otherwise I will have to wait for my K-3 process to finish. I have just
    > > filled my paper work in Feb 2003 and from reading all the posts it will take
    > > up to 6 months to get a K-3 visa. After that She will still have to wait
    > > for I-130 to be approved.
    > >
    > >
    > > Any information/advice will be appreciated...
    > >
    > >
    > >
    > > Thank you,
    > >
    > > Bhavesh Shah
    > >
    > >
I HAVE SPOKEN AT LENGTH TO THE INS OFFICE IN NEW DELHI REGARDING DCF;

1. You do NOT have to be an Indian resident. All you need to do is
take your wife with you for an interview there = as a US Citizen, no
appointments needed. And approval is within a day.

2. IF you go that route with a NEW I-130, make sure they cancel the
OLD one. So no risk of two I-130s intersecting.

3. Upon Approval, your file will reach Mumbai within a few weeks to a
month.. And then two months after that to get interview.

Read "Chakra's" postings. Search on this usenet using "CHAKRA".

I already had my K-1 approved so didn't see the point in taking the
DCF 'risk' - there is always a risk that they will NOT entertain your
application in New Delhi - but in your case, since youu have already
filed a I-130 from the USA yuo have zero risk. (For me it would have
meant the cancellation of my already approved K1 Fiancee application -
so I never got married)

Good luck
    > >
 
Old Feb 20th 2003, 6:57 pm
  #6  
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Thank you all for your speedy response. I really appreicate all the advice.

If I decide to go DCF route then should I cancel my I-130 and I-129F before I go to India and then apply for DCF.

Also, will the DCF process be quicker for me?

I will try to call New Delhi and see what the tell me.


Bhavesh Shah
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Old Feb 20th 2003, 10:34 pm
  #7  
Adi
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Bhawesh,

I am really not that sure but if you have filed I-130 for your wife here in US you cannot apply for a DCF in India, you could have only applied for a DCF if you had filed I-129F for a Fiancee not as a wife. I did the same mistake too. I was dealing with New Delhi Embassy...Please do not do the mistake of Cancelling any petitions. MSC is getting little better in processing the petions now. Average of 3 months...

What I recomend you to do is ask your wife or a family member to personally go and talk to them...Give it a shot and see what happens. If you check the website of New Delhi. They take around 3-4months for the DCF.

Good Luck
Adi
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Old Feb 20th 2003, 11:33 pm
  #8  
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Adi,

You are right it does take about three months for the DCF process to complete. As I have already filled my I-130 and I-129F, I do not think I will cancel them. I will just wait for MSC to approve my K-3 visa and complete the process.

I just found out about the DCF and I was just curious to see if I could get my wife here quicker but it looks like (for me) it will take almost the same amount of time.

I would like to thank everyone who has responded to my question.

Hopefully everything will workout ok....

Thank you,
Bhavesh Shah
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Old Feb 23rd 2003, 10:46 pm
  #9  
Kadeshpa
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Default Re: DCF (India) After Filling K3 Visa in Feb 2003

Bhavesh,

You are getting some misinformation here so I thought I would help you
out. I recently completed the DCF process in New Delhi being a US
Citizen non-resident of India. My wife is from Mumbai. We went to
New Delhi and got an interview around 4:00pm (you have to be there
before 11am). At the interview the consular officer asked us for some
pics of our wedding, a copy of the marriage cert, my us passport, and
birth cert. Also the usual ADIT style pics for me and my wife.

They do have a memo on the office wall that states as a courtesy they
will allow DCFs for non India resident US Citizens. THe memo also
states that you have to show some proof of having cancelled any
previous I-130s. We did not cancel before hand citing that we did not
want to take a risk if the DCF was not possible. The officer said it
was fine and that when I head back to the states, I should just send
in a letter withdrawing my first I-130.

Our DCF petition was approved within 3 days. My wife got the Packet
three within 2 weeks. She is now waiting for her Packet 4 (interview
date etc). I originally had done all of the I-130/I-129F K3 paperwork
in December. Then I found out about this DCF. I am extremely happy
that I went this route. Don't have to bother with a K3 and all of the
administrative stuff afterwards. Instead she will get a Cr-1 Visa
straight away.

I highly recommend you go this route. The only risk is that they
don't want to "entertain" your app...since it does state that as a
courtesy they will process DCFs on a case by case. The people in the
Delhi Embassy are extremely polite and very helpful...I don't see them
denying your chance to DCF.

Since you applied just in Feb... you are looking towards at least
August before you get to the Packet 3 stage...then another 2-3 months
for the interview. By going DCF in Feb/March you should have
everything done by May/June.

Drop me an email if you need anymore info.


bdshah1 wrote in message news:...
    > Adi,
    >
    > You are right it does take about three months for the DCF process to
    > complete. As I have already filled my I-130 and I-129F, I do not think
    > I will cancel them. I will just wait for MSC to approve my K-3 visa and
    > complete the process.
    >
    > I just found out about the DCF and I was just curious to see if I could
    > get my wife here quicker but it looks like (for me) it will take almost
    > the same amount of time.
    >
    > I would like to thank everyone who has responded to my question.
    >
    > Hopefully everything will workout ok....
    >
    > Thank you,
    > Bhavesh Shah
 
Old Feb 23rd 2003, 11:40 pm
  #10  
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Kadeshpa,
Thank you for you info. It is very encouraging and I have only one question.

what are the papers will I need?

Ex:
I-130 Petition
Adit Pictures of her and mine
Marriage Cert
My US Passport and Her Passport
Wedding Pics

Would I need anything else?
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Old Feb 24th 2003, 1:50 am
  #11  
 
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Originally posted by bdshah1
Kadeshpa,
Thank you for you info. It is very encouraging and I have only one question.

what are the papers will I need?

Ex:
I-130 Petition
Adit Pictures of her and mine
Marriage Cert
My US Passport and Her Passport
Wedding Pics

Would I need anything else?
The Consul's webspace is very good. Check out http://usembassy.state.gov/posts/in1/wwwhivapdi.html

as a guide. Always double check and bring anything extra you can think of. This will be a good start, however.

More goodies here:
http://usembassy.state.gov/posts/in1/wwwhivapdp.html
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Old Feb 24th 2003, 9:45 pm
  #12  
A. Chakra
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Default Re: DCF (India) After Filling K3 Visa in Feb 2003

In addition to bringing your passport and her passport, bring
photocopies of them along...not that the INS officer there can't make
photocopies of your passports then and there itself...but they do like
it if you have brought the photocopies along with the originals.

Also, if you are a USC by naturalization, instead of by birth, then
bring your naturalization papers to the joint interview.

Bring some loose photos from the wedding along with your wedding
album...in our case I just brought the wedding album. The officer
asked me to tear out some pictures so he could attach them to our
application. If you want no physical damage done to the album, bring
loose pix along. (If it is a Hindu ceremony then bring pix of you and
your wife near the ceremony fire).

Bring some filled out G-325's (or G-325A's..I don't recall) of you and
your wife. U can get them at the embassy itself if you forget to do so
(I would advise u to go to the embassy, collect the forms and fill
them out at least a as day b4 you go for the interview..FYI my wife
and I filled them in the embassy compound the day of our interview,
albeit hurriedly), and fill them out then and there (while u are
waiting). You will have to fill out details regarding your parents and
her parents...their dates of birth, residences, and places of birth.
So make sure you and your wife are aware of your in-laws' exact places
of birth.

Regarding ADIT pix, for our case they wanted my wife's ADIT pix at her
FINAL visa interview, not the INS one. For the INS one they needed
passport sized pix of my wife and myself.

Good luck


meauxna wrote in message news:...
    > Originally posted by bdshah1
    > > Kadeshpa,
    > > Thank you for you info. It is very encouraging and I have only one
    > > question.
    > >
    > > what are the papers will I need?
    > >
    > > Ex:
    > > I-130 Petition
    > > Adit Pictures of her and mine
    > > Marriage Cert
    > > My US Passport and Her Passport
    > > Wedding Pics
    > >
    > > Would I need anything else?
    >
    > The Consul's webspace is very good. Check out
    > http://usembassy.state.gov/posts/in1/wwwhivapdi.html
    >
    > as a guide. Always double check and bring anything extra you can think
    > of. This will be a good start, however.
    >
    > More goodies here:
    > http://usembassy.state.gov/posts/in1/wwwhivapdp.html
 
Old Feb 24th 2003, 10:00 pm
  #13  
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Default Re: DCF (India) After Filling K3 Visa in Feb 2003

I HAVE SPOKEN AT LENGTH TO THE INS OFFICE IN NEW DELHI REGARDING DCF;

1. You do NOT have to be an Indian resident. All you need to do is
take your wife with you for an interview there = as a US Citizen, no
appointments needed. And approval is within a day.

2. IF you go that route with a NEW I-130, make sure they cancel the
OLD one. So no risk of two I-130s intersecting.

3. Upon Approval, your file will reach Mumbai within a few weeks to a
month.. And then two months after that to get interview.

Read "Chakra's" postings. Search on this usenet using "CHAKRA".

I already had my K-1 approved so didn't see the point in taking the
DCF 'risk' - there is always a risk that they will NOT entertain your
application in New Delhi - but in your case, since youu have already
filed a I-130 from the USA yuo have zero risk. (For me it would have
meant the cancellation of my already approved K1 Fiancee application -
so I never got married)

Good luck
    > > [/QUOTE]


Darren,

Does this mean that you (a USC) get married to a woman in India, you can go to the US Embassy and just ask them to let her come to the US immediately? My brother is in the same boat, except they are not married yet, so he filed a K-1 application. If he marries her now and cacels the K-1 application could he do what you are talking about?

What if he doesn't marry her? Can he still go to the New Delhi office with her and ask for the same thing? Or is this only if you are married. Is this something only from India? Where can I find more info on this?

Thank you soooooooooooo much in advance for any help you can offer.

- Soleil
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Old Feb 25th 2003, 1:07 am
  #14  
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Default Re: DCF (India) After Filling K3 Visa in Feb 2003

Does this mean that you (a USC) get married to a woman in India, you can go to the US Embassy and just ask them to let her come to the US immediately? My brother is in the same boat, except they are not married yet, so he filed a K-1 application. If he marries her now and cacels the K-1 application could he do what you are talking about?

What if he doesn't marry her? Can he still go to the New Delhi office with her and ask for the same thing? Or is this only if you are married. Is this something only from India? Where can I find more info on this?

Thank you soooooooooooo much in advance for any help you can offer.

- Soleil
Solei,
I see you already found this! Suggest you try contacting the New Delhi Embassy....... Email is: [email protected]
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Old Feb 25th 2003, 6:10 pm
  #15  
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Default One Last Question...

I would like to thank everyone for fast response. I appreciate all your help.

I just wish that I could have found out about the DCF before I filled my I-130 then I would not have any problems.


I have only one last questions.

If the New Delhi, for some reason, does not "Entertain" my application or denies then Will It affect my current I-130 application or my K-3 application?
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