VisaJourney.com > No objection Letter

trinket

Feb 24 2008, 09:38 PM

Hi all,

We have just filed our i-130 but we (more of me the wife) are pretty skeptical that we might get an RFE based on that our marriage wasn't registered.

So me and husband have talked about it and have decided for him to come to India and get the marriage registered if we do get an RFE. The question is the requirement of No objection letter.

He is already married to me, he is just coming to India for registering, so what kind of a No objection letter should he make? and also I do know in India he can have it done by any of the US consulates, but what if would want to come prepared from USA, which department should he contact in USA for such a no objection letter?

Also, since I am from Port Blair, I have talked with a couple of lawyers and registrar office here and they all say it will take around 45 to 50 days to get it, they don't even want their hands to be greased

, but I do know and have read other VJ members having it done within 1 week. Just wondering if you guys can show me which lawyer to get in touch with for speeding up the process?

Thanks for any help

indianheart

Feb 24 2008, 11:22 PM

QUOTE(silent @ Feb 24 2008, 06:38 PM)

Hi all,

We have just filed our i-130 but we (more of me the wife) are pretty skeptical that we might get an RFE based on that our marriage wasn't registered.

So me and husband have talked about it and have decided for him to come to India and get the marriage registered if we do get an RFE. The question is the requirement of No objection letter.

He is already married to me, he is just coming to India for registering, so what kind of a No objection letter should he make? and also I do know in India he can have it done by any of the US consulates, but what if would want to come prepared from USA, which department should he contact in USA for such a no objection letter?

Also, since I am from Port Blair, I have talked with a couple of lawyers and registrar office here and they all say it will take around 45 to 50 days to get it, they don't even want their hands to be greased

, but I do know and have read other VJ members having it done within 1 week. Just wondering if you guys can show me which lawyer to get in touch with for speeding up the process?

Thanks for any help

that no objections letter will be the easiest part of this whole process...just go to an us embassy and tell them you need one and they will hand it over with no problem (at least that was the way it was for me). no long line to wait in and the man behind the counter was very nice (this was in delhi). I dont know if our mature age made any difference but it is nothing to worry about. You and your husband have nothing to worry about when it comes to this letter.
we hired a local lawyer (with a little extra cash) to help us through the courts to get the registration quickly (money talks in india). where do you plan to get this done. if in delhi we may be able to direct you to some one. I would have to ask my husband the lawyers name. let me know if I can help

CarolynRitesh

Feb 26 2008, 06:35 AM

QUOTE(indianheart @ Feb 25 2008, 09:52 AM)

QUOTE(silent @ Feb 24 2008, 06:38 PM)

Hi all,

We have just filed our i-130 but we (more of me the wife) are pretty skeptical that we might get an RFE based on that our marriage wasn't registered.

So me and husband have talked about it and have decided for him to come to India and get the marriage registered if we do get an RFE. The question is the requirement of No objection letter.

He is already married to me, he is just coming to India for registering, so what kind of a No objection letter should he make? and also I do know in India he can have it done by any of the US consulates, but what if would want to come prepared from USA, which department should he contact in USA for such a no objection letter?

Also, since I am from Port Blair, I have talked with a couple of lawyers and registrar office here and they all say it will take around 45 to 50 days to get it, they don't even want their hands to be greased

, but I do know and have read other VJ members having it done within 1 week. Just wondering if you guys can show me which lawyer to get in touch with for speeding up the process?

Thanks for any help

that no objections letter will be the easiest part of this whole process...just go to an us embassy and tell them you need one and they will hand it over with no problem (at least that was the way it was for me). no long line to wait in and the man behind the counter was very nice (this was in delhi). I dont know if our mature age made any difference but it is nothing to worry about. You and your husband have nothing to worry about when it comes to this letter.

I agree with the above poster about the 'No Objection' letter - I went through this in Bangalore in December. All I had to do was send a scan of my passport to the Chennai Consulate with an email requesting the 'No Objection' letter.

BUT, then I had to go to the local courthouse with my fiance and get a notarized statement that I was unmarried, never been married, etc.

Actually, here was our process:

1) Get form from the local registar's office - or the form people in the general area, be prepared to show address proof if necessary for your address to the registar, and even that can be a big pain!

2) Make sure you take the 'No Objection' letter with you to the Marriage Registrar. That was not enough for our guys in Bangalore, and no, greasing of palms DID NOT HELP! That was when we went to the local courthouse and had a notary take a statement (typed on typewriters) that we were unmarried, etc.

3) Once all the documents are in, you still need to wait THIRTY DAYS minimum for a "Special Marriage Act" registration.

4) Go to the Registrar with 3 witnesses, sign a TON of papers, and get your Certificate on the same day - at least we did!

One more point, it may have made a difference that I had a permit to live here long term since I am USC - not sure if that impacts your process or not... (It served as my address proof anyway!)

Good luck, let us know the process in your area once you go through it!

trinket

Feb 27 2008, 06:16 AM

hi all,

well my confusing part is that, my husband needs to register the marriage. he is already married to me since 2004, so what kind of "No objection letter" should he get?

CarolynRitesh, from your posting I understand that you didn't have to go to Chennai consulate personally to get the no objection letter?

Lol, for the first time in my life I am hating to be from Port Blair. We sure will have to do a few trips to get the No objection letter if we have to go to Chennai

john_and_marlene

Feb 27 2008, 07:03 AM

If you get an RFE due to the marriage not being registered and then respond with a registration that is dated after the I-130 submission, the petition will be rejected for not meeting the requirement at the time of filing and you will have to submit a new one.

CarolynRitesh

Feb 27 2008, 07:16 AM

That is correct, I did not have to go to Chennai to get the letter - just a quick email with a scan of my passport page and then they emailed me a PDF file, and mailed a hard copy.

I think I read on another site that you converted to Hinduism, soooo, I am not sure if that would be recognized in India or not, but either way, I think you would have to register a Hindu marriage for it to be 'legal' - but NOT sure on that at all.

What the poster above says about the I-130 and dates of marriage, etc. has been cited by others on VJ as well as having caused a denial of the petition - keep your fingers crossed if so!!

trinket

Feb 27 2008, 07:22 AM

John

Thanks for the heads up, it sure is an awkward situation but still its better to know than not known.

One question, what if we register it before getting the RFE?

Thanks for the guidance

trinket

Feb 27 2008, 07:31 AM

Carolyn,

A hindu marriage in India is legal but sometimes its not legal for USCIS. They usually want Govt. recognised certificate. We have attached the hindu marriage act, let's just see what happens.

john_and_marlene

Feb 27 2008, 07:35 AM

QUOTE(silent @ Feb 27 2008, 06:22 AM)

John

Thanks for the heads up, it sure is an awkward situation but still its better to know than not known.

One question, what if we register it before getting the RFE?

Thanks for the guidance

The 2 dates that are important here are the petition submission date and the marriage registration date. If they don't accept the unregistered marriage as valid for the petition, then the registration date must be earlier than the petition date or the petition will be rejected.

Your only hope with the current petition is for them to accept the unregistered marriage as valid for purposes of the petition.

If they don't accept it, you will have to refile after the marriage is registered.

The date of an RFE does not figure into the acceptance of the marriage registration.

john_and_marlene

Feb 27 2008, 07:42 AM

This is on the New Delhi Embassy website for accepted proof of relationship for IR1/CR1/K3 visas:

For Muslim marriages, please submit a registration certificate from the government appointed Chief Kazi.

http://newdelhi.usembassy.gov/proofofrel.html

trinket

Feb 27 2008, 09:23 AM

John,

This is from the site you gave me

QUOTE

Primary: marriage registrations issued by a recognized governing authority at the time of the marriage.

As I have stated earlier, we got married through Arya samaj, which is a recognised authority in India for hindu marriages. THE HINDU MARRIAGE ACT, 1955, clearly states that. But yes I do have my doubts with how USCIS is going to look at it.

Well I do see the red flags, but nothing can be done about it for another 6 months or so. Just going to keep my fingers crossed.

Thanks for your time.

trinket

Mar 3 2008, 11:13 PM

Just thought I would share this email with you guys, anyone looking for a No objection letter, its better to have an affidavit done in US and get it notarized, rather than paying $30 in India for notarization.

QUOTE

From: XYZ [mailto:XYZ@gmail.com]
Sent: Wednesday, February 27, 2008 4:54 PM
To: Chennai, IV
Subject: No objection letter

Hello,
I am a USC who is already married to an Indian girl, we had an Arya Samaj wedding but I would like to register the marriage in India as soon as possible. Can you please guide me what all documents would I need to submit to Chennai embassy to receive a No objection letter. Also can I get it done though shipping or do me and my wife has to present to the embassy personally to collect the No objection letter.

Thanks for your time
-XYZ

Their Reply->
Thanks for your inquiry.

The Consulate does not issue any such letter.

Visa Information Unit
American Consulate General
220, Anna Salai
Chennai 600 006
India
Phone - 91-44-28574000/28574242
Fax - 91-44- 28112020
Website - http://chennai.usconsulate.gov

My husband replies back-->

is that all the answer you can give, because its not very helpful at all. how do i go about obtaining the no-objection letter.

After 5 days they reply back but with a much better answer--
from "Chennai, CS" <ChennaiCS@state.gov> hide details 9:08 am (25 minutes ago)
to XYZ@gmail.com
date Mar 4, 2008 9:08 AM
subject RE: No objection letter
mailed-by state.gov

Dear XYZ
The consulate no longer issues “No objection letters” as per instructions from the department of state. You may however appear in person and execute an affidavit concerning your marital status and get your signature notarized by the consular officer. You may visit the consulate for the requested service on any working day between 9.00am to 12.00pm and 1.30pm to 4.00pm, Monday through Friday. The fee for the notary seal on your document would be $30 (RS1, 200).

Thank you,

ACS Unit

CarolynRitesh

Mar 4 2008, 05:24 AM

Wow, I guess we got ours just in the nick of time! Truly, it did not help us much anyway, we had to get the notarized statements at the local courthouse for about 150 rupees per person, and they were fine!

In all honesty, if you want to save yourself in case of an RFE, I would find the legal documents that declare your marriage as legal. Be able to get that from a lawyer, or a copy from something official. That is really the only way to save yourself in case you get an RFE for the marriage... (Although they still may want the Hindu marriage to be certified/registered with the government as well...)

Good luck, let us know how things go!