Help

Hi There,

I am a U.S Citizen and I got engaged last december. I became U.S
citizen in July so I apply I-129 for my fiance.

Original plan to bring my fiance here in U.S based on fiance visa & get
married. Go back to india & do real ceremony. I found out that there is
backlog in fiance visa petition. so I thought she won't be able to come
before december. Marriage date was already fixed DEC-27-2006.

Today, I got letter from NVC stating they have approved everything, now
they have sent this case to india consulate for further process. and
also Mumbai consulate will send a packet with instruction from the
consular section on how to apply for the K1 visa at that post & what
documents will be required.

Questions

1). Is there anything like Cut-Off or Priority date for Fiance visa ?
If there is, what is current date?

2). What are the chances of getting interview call before DEC-27-2006?

3). once case is in mumbai Can we expertise process? and try to get
earlier dates

4). What if Fianc� does NOT work out then If I want to file from India
how long do I have to stay in India?

5). to whom do I need to notify, cancelled I-129F petition because we
are already married.?

Any kind of help is appreciable....Thanks for your time

Noorah101

No, there is no cut-off or priority date. They process first come first serve (basically).

Probably very slim. That's only about 5 weeks away, and they are just now sending the file to India. There is still a lot of paperwork and processing to be done, and then an interview.

There might be a way to contact the embassy and ask for an earlier interview date....but only once they have sent her the visa paperwork and it's been completed. She probably has to send something back to them, saying she's ready for the interview. At that point, maybe you can get an earlier date....but it will take a while to get to that point.

You should check to make sure India does DCF first. Then find out how long you need to stay in India to make that happen. Email or call the embassy you'll be dealing with.

If you marry in India and decide not to do the fiance visa, you can probably send a cancellation notice to the embassy, so they don't wait for her K-1 visa paperwork. I have a feeling this is what will happen, because I seriously doubt you'll get her K-1 visa within 5 weeks from now. At this point, I'd say another few months is more realistic.

Best Wishes,
Rene

Help

Hi There,

Thanks for your response Noorah. what reason should I use to ask for
earlier interview date?
can I contact them through e-mail.

You should check to make sure India does DCF first.
What is DCF? please, explain...

Thanks


Noorah101 wrote:
    > > Hi There,
    > >
    > > I am a U.S Citizen and I got engaged last december. I became U.S
    > > citizen in July so I apply I-129 for my fiance.
    > >
    > > Original plan to bring my fiance here in U.S based on fiance visa &
    > > get
    > > married. Go back to india & do real ceremony. I found out that there
    > > is
    > > backlog in fiance visa petition. so I thought she won't be able to
    > > come
    > > before december. Marriage date was already fixed DEC-27-2006.
    > >
    > > Today, I got letter from NVC stating they have approved everything,
    > > now
    > > they have sent this case to india consulate for further process. and
    > > also Mumbai consulate will send a packet with instruction from the
    > > consular section on how to apply for the K1 visa at that post & what
    > > documents will be required.
    > >
    > > Questions
    > >
    > > 1). Is there anything like Cut-Off or Priority date for Fiance visa ?
    > > If there is, what is current date?
    > >
    > > 2). What are the chances of getting interview call before DEC-27-2006?
    > >
    > > 3). once case is in mumbai Can we expertise process? and try to get
    > > earlier dates
    > >
    > > 4). What if Fianc� does NOT work out then If I want to file from India
    > > how long do I have to stay in India?
    > >
    > > 5). to whom do I need to notify, cancelled I-129F petition because we
    > > are already married.?
    > >
    > > Any kind of help is appreciable....Thanks for your time
    > No, there is no cut-off or priority date. They process first come first
    > serve (basically).
    > Probably very slim. That's only about 5 weeks away, and they are just
    > now sending the file to India. There is still a lot of paperwork and
    > processing to be done, and then an interview.
    > There might be a way to contact the embassy and ask for an earlier
    > interview date....but only once they have sent her the visa
    > paperwork and it's been completed. She probably has to send
    > something back to them, saying she's ready for the interview. At
    > that point, maybe you can get an earlier date....but it will take a
    > while to get to that point.
    > You should check to make sure India does DCF first. Then find out how
    > long you need to stay in India to make that happen. Email or call the
    > embassy you'll be dealing with.
    > If you marry in India and decide not to do the fiance visa, you can
    > probably send a cancellation notice to the embassy, so they don't wait
    > for her K-1 visa paperwork. I have a feeling this is what will happen,
    > because I seriously doubt you'll get her K-1 visa within 5 weeks from
    > now. At this point, I'd say another few months is more realistic.
    >
    > Best Wishes,
    > Rene
    >
    > --
    > Posted via http://britishexpats.com

Noorah101

The DCF comment was in response to your question: "4). What if Fianc頤oes NOT work out then If I want to file from India
how long do I have to stay in India?"

DCF means direct consular filing (although they don't call it that at the embassy). It means after you marry, you file the I-130 directly at the embassy in India, instead of in the USA. It sounded like that's what you have planned in case her K-1 doesn't come through by Dec. 27th.

As for asking for an earlier interview date, I'm not sure they need a reason...but if they ask, just tell them the truth.

I just had another thought. You know that if she gets her K-1 visa, she needs to come to the USA and get married here, right? You realize that even if she gets her K-1 in India before Dec 27th, you can't have your real wedding in India. And I'd be very careful of any kind of celebration at all...sometimes something you think is just a party, turns out to be a real marriage to the embassy. I'd be very careful if I were you.

I am not sure if you meant the Dec 27th date was for your wedding in the USA, or for "real ceremony" back in India.

Either way, just make sure if she gets her K-1 visa awarded, you do NOT marry in India before she comes to the USA. She must be married in USA.

If you meant you will marry in India on Dec 27th regardless of having a visa or not, then she will no longer use the K-1 route. You will start her immigration process all over again to get a spouse visa.

Rene

Rete

The US Consulate in Mumabi is one of the most difficult US Consulates to work with. Years back it was possible to do DCF = direct consular filing with the New Delhi US Consulate. Not sure if that is still available. Also New Delni is easy to work with. You can check it out online.

Ray

Was it not you had to be a resident for 60 days before you could make a DCF application ... maybe old info though ..

Help

Does any body know how long do I have to stay in india to do DCF =
direct consular filing ?

Please, Let me know

Ray wrote:
    > > The US Consulate in Mumabi is one of the most difficult US Consulates
    > > to work with. Years back it was possible to do DCF = direct consular
    > > filing with the New Delhi US Consulate. Not sure if that is still
    > > available. Also New Delni is easy to work with. You can check it
    > > out online.
    > Was it not you had to be a resident for 60 days before you could make a
    > DCF application ... maybe old info though ..
    >
    > --
    > Posted via http://britishexpats.com

Noorah101

Here's a lengthy post about DCF in India: http://britishexpats.com/forum/showt...ight=india+dcf. However, keep in mind it's about a year old, so your best bet is to email or call the embassy you'll be using and get definite answers. I have not seen anyone on these forums do DCF in India since the people in the post I gave you.

According to that link, you MUST be residing in India at least 60 days continuously BEFORE you can start doing DCF. If that's still true, I'd plan on being in India at least that long, if not longer.

Best Wishes,
Rene

Help

How about

if we get FRRO certificate or any kind of ceriticate which you can use
on behalf of staying in india for 60-90 days... ?

I am going this december to get marrried...It is kind of very very very
hard to get 60 days vacation from work....I am sure everyone has hard
time getting those days off..

Please, let me know if anyone have recent experience..or a way which
will allow to perform DCF without staying in india for 60-90 days....

Thanks for your time



Noorah101 wrote:
    > > Does any body know how long do I have to stay in india to do DCF =
    > > direct consular filing ?
    > >
    > > Please, Let me know
    > >
    > > Ray wrote:
    > > > > The US Consulate in Mumabi is one of the most difficult US
    > > > > Consulates
    > > > > to work with. Years back it was possible to do DCF = direct
    > > > > consular
    > > > > filing with the New Delhi US Consulate. Not sure if that is still
    > > > > available. Also New Delni is easy to work with. You can check it
    > > > > out online.
    > > > Was it not you had to be a resident for 60 days before you could
    > > > make a
    > > > DCF application ... maybe old info though ..
    > > >
    > > > --
    > > > Posted via http://britishexpats.com
    > Here's a lengthy post about DCF in India: http://britishexpats.com/for-
    > um/showthread.php?t=279008&highlight=india+dcf. However, keep in mind
    > it's about a year old, so your best bet is to email or call the embassy
    > you'll be using and get definite answers. I have not seen anyone on
    > these forums do DCF in India since the people in the post I gave you.
    > According to that link, you MUST be residing in India at least 60 days
    > continuously BEFORE you can start doing DCF. If that's still true, I'd
    > plan on being in India at least that long, if not longer.
    >
    > Best Wishes,
    > Rene
    >
    > --
    > Posted via http://britishexpats.com

ian-mstm

You seem pretty desperate. Do you really think India is going to ignore its immigration law just for you? If you truly loved this girl, you'd do whatever it takes to make this work. Sure, it's difficult to get time off... but if you are as committed to her as you say, you'll find a way. It's time to sort out the importance of things.

Ian

Noorah101

I don't know what an FRRO certificate is. If you cannot get the 60 days off work, there is always the option of NOT doing DCF, and filing the I-130 once you come back to the states. I mean, you do have a few options, from what I can see:
1. Forget the wedding and continue on with the K-1 visa you've already started.
2. Get the time off work somehow, even if you take a personal leave of absence.
3. If you can't get the time off work, file the I-130 from the USA.
4. Try doing DCF anyway, your way, and see if they accept it. If not, file the I-130 from the USA, or remain in India the appropriate length of time.

Best Wishes,
Rene

Ray

Foreigners Registration Office (FRRO)
http://chennai.usconsulate.gov/entryexit.html

Help

Thanks for your all advise....

I think, I can manage 60 days because I am going to be in India for 6
weeks anyway. but It is kind of hard to get 90 days off from work...Is
it really 60 days ? or 90 days?

I don't have problem doing anything for her. but I would like to find
out all my options & pick which is best for both of us...

Thanks again

Noorah101 wrote:
    > > How about
    > >
    > > if we get FRRO certificate or any kind of ceriticate which you can use
    > > on behalf of staying in india for 60-90 days... ?
    > >
    > > I am going this december to get marrried...It is kind of very very
    > > very
    > > hard to get 60 days vacation from work....I am sure everyone has hard
    > > time getting those days off..
    > >
    > > Please, let me know if anyone have recent experience..or a way which
    > > will allow to perform DCF without staying in india for 60-90 days....
    > >
    > > Thanks for your time
    > >
    > >
    > >
    > > Noorah101 wrote:
    > > > > Does any body know how long do I have to stay in india to do DCF =
    > > > > direct consular filing ?
    > > > >
    > > > > Please, Let me know
    > > > >
    > > > > Ray wrote:
    > > > > > > The US Consulate in Mumabi is one of the most difficult US
    > > > > > > Consulates
    > > > > > > to work with. Years back it was possible to do DCF = direct
    > > > > > > consular
    > > > > > > filing with the New Delhi US Consulate. Not sure if that is
    > > > > > > still
    > > > > > > available. Also New Delni is easy to work with. You can
    > > > > > > check it
    > > > > > > out online.
    > > > > > Was it not you had to be a resident for 60 days before you could
    > > > > > make a
    > > > > > DCF application ... maybe old info though ..
    > > > > >
    > > > > > --
    > > > > > Posted via http://britishexpats.com
    > > > Here's a lengthy post about DCF in India: http://britishexpats.com/for-
    > > >
    > > > um/showthread.php?t=279008&highlight=india+dcf. However, keep in
    > > > mind
    > > > it's about a year old, so your best bet is to email or call the
    > > > embassy
    > > > you'll be using and get definite answers. I have not seen anyone on
    > > > these forums do DCF in India since the people in the post I gave
    > > > you.
    > > > According to that link, you MUST be residing in India at least 60
    > > > days
    > > > continuously BEFORE you can start doing DCF. If that's still true,
    > > > I'd
    > > > plan on being in India at least that long, if not longer.
    > > >
    > > > Best Wishes,
    > > > Rene
    > > >
    > > > --
    > > > Posted via http://britishexpats.com
    > I don't know what an FRRO certificate is. If you cannot get the 60 days
    > off work, there is always the option of NOT doing DCF, and filing the
    > I-130 once you come back to the states. I mean, you do have a few
    > options, from what I can see:
    > 1. Forget the wedding and continue on with the K-1 visa you've
    > already started.
    > 2. Get the time off work somehow, even if you take a personal leave
    > of absence.
    > 3. If you can't get the time off work, file the I-130 from the USA.
    > 4. Try doing DCF anyway, your way, and see if they accept it. If not,
    > file the I-130 from the USA, or remain in India the appropriate
    > length of time.
    >
    > Best Wishes,
    > Rene
    >
    > --
    > Posted via http://britishexpats.com

Noorah101

Your only real clarification will come directly from the consulate you'll be using.....but from what I've read on here, you need to be in India 60 days, THEN you can file the I-130. Once the I-130 is filed, you can go home and your wife will continue with the processing. So I would say 61 days, if you plan on returning to the USA the day after you file the I-130.

Rene