r2i forum

I am an Indian citizen currently on an H1-B visa with a GC application pending from my employer. I recently married a USC (June 2010) and came to India in July 2010 for our wedding reception. My wife is previously divorced and has two children from that marriage aged 18 and 21 (both USCs). I did not apply for spouse based GC before coming due to shortage of time and figured I would do that on my return to the US. My wife came with me on a five year multiple entry visa ("X" visa).

I have been stuck in India (Mumbai) since. My H1-B is under "Administrative Processing" under the new 221(g) regulations. My wife returned to the US end Aug. However, I have loved working in India (I am a doctor) over the past five months and I have made the decision to R2I. My wife is planning to follow in June 2011, if possible with her 18 y/o daughter. Her daughter wants to stay in India for a "gap year" before going to college in the US in Fall 2012.

What would be the best way to do this in terms of visas/PIO/OCI for my wife and her daughter?

PIO. Make sure your wife/daughter apply in the USA. Applying in India after they come on some other visa will turn out to be a bigger mess than your US-GC. Read Sam Miller's article from a couple of years ago at http://www.outlookindia.com/article.aspx?261306

azbert;363331I am an Indian citizen currently on an H1-B visa with a GC application pending from my employer. I recently married a USC (June 2010) and came to India in July 2010 for our wedding reception. My wife is previously divorced and has two children from that marriage aged 18 and 21 (both USCs). I did not apply for spouse based GC before coming due to shortage of time and figured I would do that on my return to the US. My wife came with me on a five year multiple entry visa ("X" visa).

I have been stuck in India (Mumbai) since. .....

I don't know if you are aware that..you could apply for the GC- family based,in India, if both of you have lived in India
for atleast 3 months. Your wife would need some kind of pr0of of that- rental agreement, utility bills, bank statements etc. She would have to be present at the time of the I 130 submission at the delhi embassy. No prior appointment necessary. The whole process takes around 2.5- 3 months or less.

Wow! I wasn't aware that this was an option. As I understand it my course of action should be:
1. My wife and daughter apply for a PIO before coming to India.
2. Once my wife has been here for three months I apply for a family-based GC with some kind of proof of residence in India.

Couple of questions:
1. Regarding proof of residence we will be staying with my parents initially so rental agreement, utility bills etc would be difficult. Would bank statements or proof of employment suffice?
2. Can the I-130 submission be done in Mumbai?
3. Where can I get more info about this option?

Thank you!

Yes. bank statements with enough transactions during the time period and proof of employment- (hers mostly) will help. you could also get a notorised statement from your parents that you are staying with them. Any telephone bills- cell phones on her name will be useful. You also need proof of marriage- certificate, pictures etc.

The I-130 submission has to be done only a New delhi. Once approved, it will be forwarded to Mumbai( in your case) and they will send you the packet for the rest of the processing ( counsular processing)- financial support documents and medical with an appointment date etc. Your wife need not be present for the second stage of the process.

check out the embassy website and immihelp forums.