I was at new delhi us embassy to apply for my spouse but they said I have to do it from us since I came back to india after 5 straight years.is that a new rule?

For you to file directly at AMCON, you must live in district. If you are living permanently in the US, then you should file the I-130 and use that filing receipt to file the I-129F for the K-3 visa.

Check on the USCIS website, relatively easy process. If you have all the documents they note, you should not need an immigration attorney. Good luck.