U.S Citizen to Sponsor Spouse from India


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Hii,,,I need some advice or help on how to apply for spouse visa in India.

I'm a U.S. Citizen, graduated from college this year and living with my parents here in the U.S.

I'm getting married to my fiancé in India this November. He is Indian citizen.

Earlier, I wanted to apply for CR-1 visa after coming back to US after the marriage, but heard it takes 6months or more & i cant be just away for that long.

So,Recently heard from my family friends about the DCF (Direct Consular Filing) Process which takes little less time and eligible to apply after marriage while residing in India. So I would like to know more about DCF process and if it's the way to go? I would need all the details regarding this visa process and where I can get more information from. Also, I want to know if I start the process and fill in my petition should I be going to New Delhi Consulate to submit or the one where we are going to reside after marriage i.e. Hyderabad consulate,, Btw,Hyderabad is my fiancé’s hometown. Last question is after the whole process , my fiance(husband) will get GC and is able to work when he enters U.S. right? (this took no less than 3 months for one of my fam friends daughter)

Meanwhile, we will be gathering all the documentation and get ready for this process. And regarding the affidavit for financial support, my parents can co-sponsor right?

Any help or reply would be really appreciated

Thanks a lot in advance

Looking forward for your reply

Thanks & regards,

Geeta

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As a friend of mine used to say (and probably still does)--It's just not that simple!

You need to do some homework. DCF is being phased out as much as possible and you would not have qualified anyway. DCF is GENERALLY for USCs who were already residing abroad for at least 6 months or more and want to bring their spouses and children back to the U.S. with them. Other specific humanitarian situations will allow for the continuation of such filings but you have to make a strong case for it. Read the FR Notices and the Policy Memo referenced below.

USCIS Centralizes Filing of Form I-130

Improved Process for Petitioners Abroad will Increase Efficiency and Flexibility

Published May 16, 2011; revised Aug. 10, 2011

WASHINGTON - Effective Aug. 15, 2011, petitioners residing in countries without USCIS offices must file their Form I-130, Petition for an Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS) lockbox facility in Chicago. This change makes the filing process more efficient and gives USCIS greater flexibility in managing its workload.

Petitioners residing in a country with a USCIS office may send their petitions to the USCIS Chicago lockbox, or file at the USCIS office in that country. Overseas petitioners filing with the lockbox should expect processing times similar to petitions filed domestically, which currently stand at five months.

Based on a Policy Memorandum published in July 2011, these petitioners will also be granted more time to respond to Requests for Evidence (RFE). Applicants and petitioners residing outside the United States are now given up to 12 weeks to respond to RFEs, plus an additional 14 days to account for overseas mail.

Previous regulations permitted individuals overseas, who comprise about 5 percent of all I-130 petitioners, to file with USCIS or their local U.S. Embassy or consulate. Under the new process, USCIS may authorize the Department of State to adjudicate their case in certain emergency situations, including when:

  • A U.S. service member stationed overseas becomes aware of a new deployment or transfer with very little notice.
  • A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.
  • A petitioner or beneficiary is facing an imminent threat to personal safety.
  • A beneficiary is within a few months of aging out of eligibility.
  • The petitioner and family have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) require a new, stand-alone petition.
  • The petitioner adopted a child and there is an imminent need to leave the country.

Individuals who must file Form I-130 at the Chicago lockbox should use the addresses provided in the revised form instructions, also available on www.uscis.gov/I-130:

For U.S. Postal Service:

USCIS

P.O. Box 804625

Chicago, IL 60680-4107

For express mail and courier deliveries:

USCIS

Attn: I-130

131 South Dearborn – 3rd Floor

Chicago, IL 60603-5517

This new process was published in the Federal Register on May 17, 2011. Additional details are available in the related interim Policy Memoranda, issued Aug. 10, 2011. Individuals with questions or concerns should contact the USCIS National Customer Service Center at 1-800-375-5283.

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  • 5 years later...

Hi,

I am a US Citizen. I need some help on bringing my fiance/spouse to United States.

I reside in US and I am here for the past 1.5 years. My fiance lives in India and he is indian citizen. We haven't decided the marriage date yet (mostly next year end in 2018) in India as we are trying to find out the best method to get GC for him ASAP and also stay with me after marriage.  It is fine for me to reside in India for at least 6 months if any of the following method is feasible for us.

I see that there are these options left :

1) K1 visa 

2) K3 visa

3) Immigrant Visa

4) DCF (more preferred)

As we have more time left, please tell me which one suits us better. The ultimate goal is to get GC for him ASAP and also stay with him after marriage.

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