Applying for Spouse from India or USA?

[Fatema]

Hi,

Not sure how this works, but i hope i receive some help.

So i am a USA citizen residing in India on OCI from past 8 years. I want to apply for my husband and my passport is about to expire in July, 2017. There are many questions on how to go about it:

a) Should i change my name on passport to my marital name and renew my passport at the same time in India?
b) Should i apply for my spouse from Delhi office or USA?
c) If i apply from Delhi office by filing I-130, how do i go about it?
d) Affidavit of Support - this is my biggest concern - i have been working in India and do have tax returns filed in India (would this help?). I have 0 income in USA and no alternate sponsor as well.

Hope to receive some reply/help on this.

Thanks

[rayb]

Please see my responses after each of your questions:

Hi,

Not sure how this works, but i hope i receive some help.

So i am a USA citizen residing in India on OCI from past 8 years. I want to apply for my husband and my passport is about to expire in July, 2017. There are many questions on how to go about it:

a) Should i change my name on passport to my marital name and renew my passport at the same time in India?

THERE IS NO LEGAL REQUIREMENT TO MAKE CHANGES ON YOUR U.S. PASSPORT UNTIL IT IS DUE TO EXPIRE, BUT IT IS RECOMMENDED.

b) Should i apply for my spouse from Delhi office or USA?

As a long-term resident in India, you are eligible to apply for Direct Consular Filing (DCF), but each U.S. Consulate has its own protocol for DCF processing, so you must check with the Delhi or whichever U.S. Consulate processing immigrant visas for your area of India.

c) If i apply from Delhi office by filing I-130, how do i go about it? If you cannot obtain needed encouragement to file with Delhi directly, simply prepare and submit your I-130 petition to USCIS, Stateside, to the following address:

For Express mail and courier deliveries:
USCIS
Attn: I-130
131 South Dearborn-3rd Floor
Chicago, IL 60603-5517

d) Affidavit of Support - this is my biggest concern - i have been working in India and do have tax returns filed in India (would this help?). I have 0 income in USA and no alternate sponsor as well.

AS A U.S.CITIZEN WORKING ABROAD, YOU HAVE BEEN REQUIRED TO SUBMIT AN INCOME TAX RETURN TO IRS. IF YOU HAVE NOT BEEN DOING THIS, YOU HAVE BEEN OUT OF COMPLIANCE WITH TAX FILING REQURIEMENTS. SINCE USCIS AND STATE DEPARTMENT DON'T WORK CLOSELY TOGETHER, YOUR LAPSE MIGHT BE IGNORED, BUT YOUR NEED TO PROVE CONTINUED INCOME WILL BE A SPONSORSHIP REQUIREMENT.

Hope to receive some reply/help on this.

Thanks