Hi...VJ's

My visa was denied(DSL-851A)212(a)(5)(A) on 6th may2008 becuase we didnt followed proper marriage procedure:
-I showed him that I did indian court marriage only.(But we did't given 1 month notice to court so this is not valid marriage as per indiancourt marriage law)
-We did hindu marriage previously while she was having GC.but at time of Citizenship she didn't showed that she is married .that is why we preffered to say that I did only court marriage,no hindu marriage after or before this ;also given in writing to CO this.
so as per hindu(as we didn't mensioned) or court marrige(1month notice not given) our marrige is not valid and CO denied visa.
CO suggested to re-marry and file I-130 again.or apply for K1.

Anyone have idea what to DO in this case now.
To refile I130 we first need to cancel current denied petation.How much time it takes to cancel this?and what is procedure.

Any suggestion Higly appreciated.

Thanks,

So sorry to hear your story, you could have asked the CO whether you can produce a govt certificate proving that ur marriage is Genuine or can't you submit a new registered marriage certifficate?


Cancelling and appling again via I-130 will be tougher now...again it would take another 10 months even for a interview; i would suggest if nothing else works, ask your spouse to come down & do a registered marriage fresh and file DCF in India and you will be done in 3 months.


good luck & pray that God shows an easy way out.

Very sorry to here your case.

Court marriage is not an enough as per Hindu Marriage Act of 1955 in India. Court marriage is just registration of marriage. However, consulate will accept a issued marriage certificate from the Registrar of Marriages as a primary evidence of marriage.

If you can get attorney who can prove that you are married and had concrete evidence such as you had marriage according to Hindu rites using marriage pictures then you can appeal.

Does any VJ members know how to appeal??

hello,

Just Use the DCF route and consult an Attorney specially at this time... you would need lots of patience now

Jigi