Schengen Visa Application help please!

[legolas27]

Hi folks,

I am currently located in Atlanta and am working on my H1B visa stamped and valid till 2016.
I am going to India in August 2014 for my marriage and me and my fiance will be coming back to the US. We are planning to take a week's break in Europe (Spain) on our way back.

My Question are:

1. Can I apply for Schengan visa from India or should i only do it from US ? From what i've searched so far, applying from the US will require a in-person interview at the embassy/consulate and the one for Atlanta region is in Miami.

2. Can my fiance apply for the schegen visa even before her H4 gets processed, as the itenary will show the destination as US, so do they care if she has valid visa for entry in the US or not. She has a valid US tourist visa though.
We do plan on applying and getting the H4 visa but there's only a couple of weeks between then and leaving, so we cant apply for the Schengan visa after she gets the H4

Please suggest or give inputs,
Really appreciate your help,

Thanks.

[meyad]

Negative

Sorry but usually no, you cannot unless you are resident in India. You may find some country specific rules but I doubt.

For more information about applying for visa from India please visit http://india.visa-service-center.com

[Donutz]

You can apply from any location where you have legal residency.

In exceptional cases you may also apply from any other location and they embassy should accept the application if it would be unreasonable to tell you to apply from the country or countries were you have residency.

2.8. Can a consulate accept an application from an applicant not residing in the
jurisdiction of the consulate?

Legal basis: Visa Code, Article 6
As a general rule, only applications from persons who reside legally in the jurisdiction of the
competent consulate (as described in points 2.1-2.5) should be accepted.
However, an application may be accepted from a person legally present – but not residing - in
the jurisdiction of the consulate where the application is submitted, if he can justify why the
application could not be lodged at a consulate in his place of residence. It is for the consulate
to appreciate whether the justification presented by the applicant is acceptable.
(..)

Source: http://ec.europa.eu/dgs/home-affairs...y/index_en.htm