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DCF-Mumbai/India--Spouse is in USA

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Old Jun 22nd 2003, 5:03 am
  #1  
Rambo
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Default DCF-Mumbai/India--Spouse is in USA

Hi Folks

I found out abt DCF after we had started my wife's GC processing.

Some Background:
I got married in US as my to-be was on H1 and we were never seperated
after marriage (happy face here). We have been married close to 5 yrs.
I filed for her GC at San Jose District Office abt 4 mos ago. She
still has a valid H1 till apr 2004 and also has an EAD/AP. FP is also
done. Just waiting for the Interview Call/Medical.

I noticed DCF is lot quicker. The reason we are considering this is
we want to go to mumbai for 4-6 mos for vacation leaving soon.
I hate to be held hostage by BCIS for an undefinite period.
I am not worried abt proving this is not a sham marriage, we also
have a kid.

What are our options? Can we even do it? Assuming our I-130 was
approved at SJ for use to be able to file 485/AP/EAD. Can
we request them to move the interview to mumbai consulate?

Thanx

Hemesh
 
Old Jun 22nd 2003, 7:17 am
  #2  
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Location: Minnesota
Posts: 303
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Don't complicate your life and take a chance that your wife may not be able to return, just my opinion. And go talk to an immigration attorney to find out exactly what your options are. Besides that I don't think Mumbai does DCF and keep this in mind, worse case scenario, wife stranded in Mumbai from red tape and unable to return to US because she is now an intending immigrant. Generally in third world countries intending immigrants are not allowed into the US till all Immigrant Visa paperwork has been completed at the Consulate.
Be careful.
Anyone else here care to chime in about the Mumbai Consulate?
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Old Jun 23rd 2003, 8:28 am
  #3  
Rambo
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Default Re: DCF-Mumbai/India--Spouse is in USA

JeffB wrote in message news:...
    > Don't complicate your life and take a chance that your wife may not be
    > able to return, just my opinion. And go talk to an immigration attorney
    > to find out exactly what your options are. Besides that I don't think
    > Mumbai does DCF and keep this in mind, worse case scenario, wife
    > stranded in Mumbai from red tape and unable to return to US because she
    > is now an intending immigrant. Generally in third world countries
    > intending immigrants are not allowed into the US till all Immigrant Visa
    > paperwork has been completed at the Consulate.
    > Be careful.
    > Anyone else here care to chime in about the Mumbai Consulate?

Thx for you input.
Not sure how she will be stranded there.
1.) She has a valid H1--dual intent visa
2.) She has an Advanced Parole/EAD

From what I know you can always have multiple petitions.
Am quite sure Mumbai does DCF--its on their website and have seen many
people here how easy it was.

Thanx

Hemesh
 
Old Jun 23rd 2003, 9:20 am
  #4  
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Default Re: DCF-Mumbai/India--Spouse is in USA

"From what I know you can always have multiple petitions.
Am quite sure Mumbai does DCF--its on their website and have seen many
people here how easy it was.

Thanx"

Hello Rambo,

Please give the link for the Mumbai Embassy website that states they do DCF. Up to this point most people have gone thru New Delhi for DCF.

Best wishes,
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Old Jun 24th 2003, 4:20 am
  #5  
Kadeshpa
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Default Re: DCF-Mumbai/India--Spouse is in USA

Mumbai does not do DCF. Only New Delhi does DCF in India. Second
part Rambo, yes you can have multiple applications but you will be
ineligible for DCF since you got married in the US. You must be
married in India to be eligible for a DCF at New Delhi. Also, the
residency requirements are listed that you must be a resident of India
for at least 1 year, but New Delhi follows this rule "at its
discretion".

Oh and on the multiple app thing...they request proof that you have or
will stop all other prior apps.



tara wrote in message news:...
    > "From what I know you can always have multiple petitions.
    > Am quite sure Mumbai does DCF--its on their website and have seen many
    > people here how easy it was.
    >
    > Thanx"
    >
    > Hello Rambo,
    >
    > Please give the link for the Mumbai Embassy website that states they do
    > DCF. Up to this point most people have gone thru New Delhi for DCF.
    >
    > Best wishes,
 
Old Jun 24th 2003, 11:13 am
  #6  
Rambo
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Default Re: DCF-Mumbai/India--Spouse is in USA

I stand corrected abt DCF in Mumbai or Delhi, BCIS is in Delhi, but
the embassy does the IV processing.


[email protected] (Kadeshpa) wrote in message news:...
    > Mumbai does not do DCF. Only New Delhi does DCF in India. Second
    > part Rambo, yes you can have multiple applications but you will be
    > ineligible for DCF since you got married in the US. You must be
    > married in India to be eligible for a DCF at New Delhi. Also, the
    > residency requirements are listed that you must be a resident of India
    > for at least 1 year, but New Delhi follows this rule "at its
    > discretion".
    >
    > Oh and on the multiple app thing...they request proof that you have or
    > will stop all other prior apps.
    >
    >
    >
    > tara wrote in message news:...
    > > "From what I know you can always have multiple petitions.
    > > Am quite sure Mumbai does DCF--its on their website and have seen many
    > > people here how easy it was.
    > >
    > > Thanx"
    > >
    > > Hello Rambo,
    > >
    > > Please give the link for the Mumbai Embassy website that states they do
    > > DCF. Up to this point most people have gone thru New Delhi for DCF.
    > >
    > > Best wishes,
 
Old Jul 7th 2003, 8:11 pm
  #7  
pjt
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Yes, you have to be married in India to be able to use DCF.

And yes, you can DCF from Bombay. It's just that when you apply from Bombay, you increase your processing time by atleast two weeks because Bombay consulate sends your file to New Delhi for processing and then it goes back to Bombay. People go directly to New Delhi to avoid two weeks of delay and if they have to travel to Bombay, might as well travel to New Delhi.

One can always email Embassy in New Delhi and ask them that the US citizen has not been living in India and is wanting to make a trip to India only to use DCF. (Those people will respond to emails even after 10 days) See what they say because in my case, my (now) spouse and I had checked on this issue about 5 times and retained all of their email responses saying that US citizen need not be living in India for a certain amount of period to be able to use DCF.
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