Green Card through spouse

[abadabajabba]

Hello,

My spouse and my kid are USC and I am an Indian citizen. We had moved back to India, almost 12 years ago, as soon as my spouse got her citizenship. I was on H1 back then and have never went back to US. Now, Is it possible for my spouse to apply for my GC with all of us being in India? We had applied for my GC, earlier when we were in US. But, we never followed up, since we came back home.

Thanks

[newacct]

yes

[djyotta]

Your spouse can file I-130 petition for alien relative with USCIS.

Once approved, the case will be transferred to the NVC.

Following this, your spouse (unless you find another sponsor) will need to do an I-864 and you will need to do a DS-260 (online at the NVC).

The tricky bit is showing that your spouse has domicile in the US. Check out pages 5 and 6 of I-864.

You can inculude both you and your spouses income and also both your assets to meet the poverty guidelines. Assets wust be 3x shortfall. Without US income, it will be soley asset based unless you can find a sponsor.

[abadabajabba]

Thank you for you reply.

As I was looking for GC application though spouse, Is it possible for us to apply through Direct Consular Filing (DCF)?

In our situation, the petitioner and the beneficiary are both staying in India since 12 years and have not visited US since then.

Thanks
Nimesh

[djyotta]

In theory, yes, you can do DCF, but it seems preferred method is filing online: https://travel.state.gov/content/tra...de-the-us.html

I'm not entirely sure whether DCF you refer to is same as what is referred to in the section Filing Form I-130 Petitions in Exceptional Situations at the above link, but in any case, I am not aware of any reason not to just file online in your case: https://www.uscis.gov/i-130

My wife and I also needed to file I-130 from outside the US. Our situation similar to yours (living in NZ though). Filing online worked for us. Petition was approved in about 11 or 12 months.