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-   -   Direct Consular Filing.....a better option? (https://britishexpats.com/forum/marriage-based-visas-35/direct-consular-filing-better-option-103583/)

Lahari Oct 18th 2002 3:44 am

Direct Consular Filing.....a better option?
 
Hi !

I have decided to go for the Direct Consular Filing.
I have seen an article in the Murthy's website. The link is http://www.murthy.com/UDnudelhi.html

It says -

"A USC who has resided for many years in India may not meet the U.S. domicile requirement for the I-864. In the case of this particular client, he has a home and business in the U.S. but spends about half his time in India, so he met the requirement of residing in India for the purpose of filing the petition in New Delhi and also met the I-864 requirement of U.S. domicile."

"Our client took the forms back as instructed and was given "Packet 4" with medical exam instructions. He had also prepared the other documents for the interview. One of those items is the Form I-864 Affidavit of Support. In order to fill out the I-864, the USC petitioner must be domiciled in the U.S. So this procedure works best for a person who still is spending a lot of time in the U.S. and also has a source of income in the United States. A USC who has resided for many years in India may not meet the U.S. domicile requirement for the I-864. In the case of this particular client, he has a home and business in the U.S. but spends about half his time in India, so he met the requirement of residing in India for the purpose of filing the petition in New Delhi and also met the I-864 requirement of U.S. domicile."

I am a U.S. Citizen, but have not lived in USA since the past 15 years nor have worked in USA.
I was wondering if I would qualify for this process.
Did anybody fill out a I-864 form?
Could anybody help me please.

Thank you so much in advance !

Folinskyinla Oct 18th 2002 1:22 pm

Re: Direct Consular Filing.....a better option?
 

Originally posted by Lahari:
Hi !

I have decided to go for the Direct Consular Filing.
I have seen an article in the Murthy's website. The link is http://www.murthy.com/UDnudelhi.html

It says -

"A USC who has resided for many years in India may not meet the U.S. domicile requirement for the I-864. In the case of this particular client, he has a home and business in the U.S. but spends about half his time in India, so he met the requirement of residing in India for the purpose of filing the petition in New Delhi and also met the I-864 requirement of U.S. domicile."

"Our client took the forms back as instructed and was given "Packet 4" with medical exam instructions. He had also prepared the other documents for the interview. One of those items is the Form I-864 Affidavit of Support. In order to fill out the I-864, the USC petitioner must be domiciled in the U.S. So this procedure works best for a person who still is spending a lot of time in the U.S. and also has a source of income in the United States. A USC who has resided for many years in India may not meet the U.S. domicile requirement for the I-864. In the case of this particular client, he has a home and business in the U.S. but spends about half his time in India, so he met the requirement of residing in India for the purpose of filing the petition in New Delhi and also met the I-864 requirement of U.S. domicile."

I am a U.S. Citizen, but have not lived in USA since the past 15 years nor have worked in USA.
I was wondering if I would qualify for this process.
Did anybody fill out a I-864 form?
Could anybody help me please.

Thank you so much in advance !

Hi:

ALL family based immigrants must have an I-864 affidavit of support executed on their behalf by the PETITIONING relative [you]. I-864 can be executed only by persons resident in the US.

I can't speak for Inida, but many consulates will allow a USC like you to execute the I-864 conditioned upon BOTH of you entering the US together to take up residence.

Now, once you can execute an I-864, which you have to do, the question then becomes if you meed the financial requirements set forth therein. If not, then you have to get a co-sponsor.

The I-864 is a bitch of a form and is the subject of many FAQ's.


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