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My spouse is a US citizen, his parents are of Indian origin and are naturalized US citizens. I am also a naturalized US citizen and OCI card holder. Does it make a difference if my spouse gets his OCI card through his parents or through me?
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If he gets the OCI card through his parents, he will have fewer conditions on it. If he gets his OCI card as your spouse, then he will have to surrender his OCI card in the event of divorce or in the event of your death. So if he has the option I would recommend he gets the OCI card through his parents.
[Disclaimer: this is just my opinion and not legal advice.]USC married to a Canadian on TN status in San Francisco
06/03/20 - Sent I-485, I-130, I-131, I-765 via Priority Mail
06/05/20 - Receipt Date
06/18/20 - Check was cashed
06/18/20 - Text messages with case numbers (~9:30pm Pacific)
06/22/20 - Notice of Receipts via mail
07/06/20 - I-693 Courtesy Letter
08/17/20 - Biometrics Appt Notice for 8/24
08/28/20 - Case is Ready to Be Scheduled for An Interview!
10/14/20 - I-765 and I-131 approved
10/19/20 - EAD/AP issued
12/01/21 - EAD/AP renewed -
In my experience, it's way harder to get OCI through spouse. If you have all the documents to do it via his parents, I would strongly encourage that. The OCI for Foreign Spouse process may as well be a completely different process, and it is not well documented online. The requirements and steps involved vary significantly (for example, an interview is required with the spouse and this is not mentioned anywhere by VFS, only in obscure Indian government websites and a handful of data points on this site)Comment
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