Ridiculous obstacles stopping the registration of our marriage....how do we proceed?

[AKSinghSingh79 143]

Hello fellow VJers.....

I am at a loss for words for the troubles and torments my husband and I have faced trying to register our marriage in India. First off we were married under the Hindu marriage Act after I formally converted to Hinduism.

First off, please kindly refrain from any comments directed to the reason we decided to marry through the Hindu marriage Act. It was not for convenience. It was not to "take the easy way out". It was simply because we had no other option. I was given very limited vacation time and after going through a lot of political red-tape in which no progress was being done, we decided to abandon the Special Marriage Act route because it was obvious these people did not want to help and instead wanted to make our lives as difficult as possible. The registrar even mocked my husband's decision to marry a foreigner. For the record, my husband resides in a small town in Uttarakhand.

So we proceeded with the Hindu Marriage Act not that it was without its fair share of red-tape but we were married in the temple on May 25, 2012. It is quickly approaching the 3 month mark and we have yet to see our marriage registered. We have been given all sorts of excuses. The first attempt was horrible with the official telling me I am not a Hindu and therefore cannot register our marriage. I showed him my conversion certificate and he threw that and all the paperwork in our faces, accused us of lying and cheating, and told us to leave!

We have provided all necessary documentation, including, and let me emphasize this, the NO OBJECTION CERTIFICATE from the US consulate in New Delhi. The priest was hesitant to accept this document and the officials said it was useless. Our second attempt to register the marriage, we were told I was not eligible because I was not an Indian citizen. Our lawyer rebuffed this by providing a copy of the law and they still would not register the marriage. Our case then went to court and the judge ruled in our favor and demanded our marriage be registered as soon as possible. When my husband provided this to the marriage registrar, he said he needed the official court document. My husband provided that. Now he is saying he needs a document from the Indian Embassy in the US showing MY proof of identity and proof of my address in the US. He said this is a law. I called the embassy as well as the consulates and they said they don't know what I'm talking about and they have never issued such a document.

At this point, I'm a loss. We are at a dead end. Nobody is willing to help us out, our lawyer is helpless. What can we do? I wish we could annul the marriage and start over with a K-1. I feel so stupid for not persuing the K-1 now. I had no idea about the magnitude of problems we would face.

Does anybody please have ANY suggestions? I am at a loss and not sure which way to turn. I am in the process of contacting my congressmen, as well as the Indian consulates again, and the US consulate in New Delhi. What else can I do?

[MitalJinal 2]

I am sorry that you had to go through this hellish experience.

We got married under Special Marriage Act in Mumbai in 2009. We didn't face any issues in registering the marriage.

Couple of things might have worked in our favor:- We both are Hindus and belong to same caste, we had a lawyer who was specialized in registering marriage between NRI (Non-Resident Indians) and Indians and we had pay "bribe" to the main registrar officer to get our work done within x number of days ( very limited vacation time-off from work).

I hope that somebody here from India who has gone through same process (Hindu Marriage Act) can point you towards right direction.

My best wishes are with you both....

[seema45 0]

1) You obtained permission from US Embassy.

2) You are married in uttrakhand - Temple.

Can you get the sworn-in affidavit from the priest who performed the marriage ceremony.

3) Marriage Registrar refused to register the marriage (based on religion ?)

4) You have a Indian Court Order that marriage need to be registered. The court order is not given any value by the marriage registrar?

There are so many marriage act in India a) Hindu Marriage Act b) Muslim Marriage Act c) Christian Marriage Act d) Parsi Marriage Act.

When it comes to Inter racial/inter caste/Inter religion ----- (there must be a marriage act -- I don't no the name.)

You can approach the USCIS with all the documentation, visit them in person and see what they say and how to handle the situation.

See if you can by pass the marriage registration because of the complications. You have an evidence of Indian Court Order - Judgement in your favor.

If I am not mistaken, there is a provision that "if your marriage is not registered" - you can provide "unobtainable marriage certificate affidavit".

When you are with USCIS, also ask them how you can provide that information - from who? signature authority etc.

I am sorry to see you go through this situation. I strongly feel, if you personally approach USCIS, you will quickly get a solution to move forward with your filing.

Good Luck!

Edited August 17, 2012 by seema45

[RnS 0]

Hello fellow VJers.....

I am at a loss for words for the troubles and torments my husband and I have faced trying to register our marriage in India. First off we were married under the Hindu marriage Act after I formally converted to Hinduism.

First off, please kindly refrain from any comments directed to the reason we decided to marry through the Hindu marriage Act. It was not for convenience. It was not to "take the easy way out". It was simply because we had no other option. I was given very limited vacation time and after going through a lot of political red-tape in which no progress was being done, we decided to abandon the Special Marriage Act route because it was obvious these people did not want to help and instead wanted to make our lives as difficult as possible. The registrar even mocked my husband's decision to marry a foreigner. For the record, my husband resides in a small town in Uttarakhand.

So we proceeded with the Hindu Marriage Act not that it was without its fair share of red-tape but we were married in the temple on May 25, 2012. It is quickly approaching the 3 month mark and we have yet to see our marriage registered. We have been given all sorts of excuses. The first attempt was horrible with the official telling me I am not a Hindu and therefore cannot register our marriage. I showed him my conversion certificate and he threw that and all the paperwork in our faces, accused us of lying and cheating, and told us to leave!

We have provided all necessary documentation, including, and let me emphasize this, the NO OBJECTION CERTIFICATE from the US consulate in New Delhi. The priest was hesitant to accept this document and the officials said it was useless. Our second attempt to register the marriage, we were told I was not eligible because I was not an Indian citizen. Our lawyer rebuffed this by providing a copy of the law and they still would not register the marriage. Our case then went to court and the judge ruled in our favor and demanded our marriage be registered as soon as possible. When my husband provided this to the marriage registrar, he said he needed the official court document. My husband provided that. Now he is saying he needs a document from the Indian Embassy in the US showing MY proof of identity and proof of my address in the US. He said this is a law. I called the embassy as well as the consulates and they said they don't know what I'm talking about and they have never issued such a document.

At this point, I'm a loss. We are at a dead end. Nobody is willing to help us out, our lawyer is helpless. What can we do? I wish we could annul the marriage and start over with a K-1. I feel so stupid for not persuing the K-1 now. I had no idea about the magnitude of problems we would face.

Does anybody please have ANY suggestions? I am at a loss and not sure which way to turn. I am in the process of contacting my congressmen, as well as the Indian consulates again, and the US consulate in New Delhi. What else can I do?

I feel sorry for your situation.I have been under circumstances like this and it is unfortunate for any Indian that the officers who are sitting in higher positions do not even know their own job and law under they are working. Yes, It is a law that you need to provide any two identity proofs of your US citizenship and you have your passport/driving license/Social security..

I would suggest Kripal to contact District collector/DM of his district under whom all these officers/registrars are working. I hope he/she will understand your situation and help you out. You may have involved any elected MLA/MP of your area.

Good Luck.

[Deep2009 18]

This is a total utmost BS of a official trying to make some under the table money, nothing else.

Even with the court order, your Id and USC proof, official is not registering the marriage... This is a total...

If I were you, I will ....never mind... don't listen to me...

Can you do what "seema45" is telling? Talking to Embassy about it and getting that certificate.

Good luck both of you.

[seema45 0]

Can you do what "seema45" is telling? Talking to Embassy about it and getting that certificate.

Good luck both of you.

U.S. Embassy in India may not answer the question. Because they are yet to file their I-130 petition with USCIS. The best bet will be get the blessings from USCIS office in USA. (once USCIS bless their marriage, they will get some positive solution to the complicated issue w/Marriage Registration/Certificate).

[aprilflower 0]

I would keep trying to get it registered in India but at the same time I would move forward with the paperwork in the US. Send in the conversion certificate, marriage certificate, wedding photos, and court order along with a letter explaining that you are not able to get the marriage registered. You could also contact the US Embassy in Delhi. If they refuse to accept your marriage document then I think that you could also move forward with a K-1 visa. I mean if you want to and no one wants to accept your papers as proof that you are married that is a logical option in my mind.

My husband and I did something similar except I had no conversion certificate but our marriage was registered under the Mumbai Marriage Act(covers Gujarat where we live). Thankfully no one asked for the certificate but we have been married for several years and have a child together as well so perhaps they decided it wasn't really necessary.

[seema45 0]

Look at the below link:

http://www.***removed***/immigration/marriage-certificate.html

Please specifically pay attention to some of the reasons. (The appropriate authority is not issuing the certificate.)

You have enough evidences to back up your statement. But, to be on the safe side, talk to USCIS with your situation.. I am positive and pray you will have a happy solution to your issue.

[seema45 0]

I would keep trying to get it registered in India but at the same time I would move forward with the paperwork in the US. Send in the conversion certificate, marriage certificate, wedding photos, and court order along with a letter explaining that you are not able to get the marriage registered. You could also contact the US Embassy in Delhi. If they refuse to accept your marriage document then I think that you could also move forward with a K-1 visa. I mean if you want to and no one wants to accept your papers as proof that you are married that is a logical option in my mind.

My husband and I did something similar except I had no conversion certificate but our marriage was registered under the Mumbai Marriage Act(covers Gujarat where we live). Thankfully no one asked for the certificate but we have been married for several years and have a child together as well so perhaps they decided it wasn't really necessary.

try the link : w w w. i m m i h e l p. c o m / i m m i g r a t i o n / m a r r i a g e - c e r t i f i c a t e. h t m l

This should work.

[AKSinghSingh79 143]

Thank you all for your kind words and helpful suggestions! You have no idea how much this means to us. We have been in a perpetual state of anxiety, exhaustion, and fury over this unfortunate situation. Thank you for giving us some hope that we may be able to overcome these obstacles.

[AKSinghSingh79 143]

I feel sorry for your situation.I have been under circumstances like this and it is unfortunate for any Indian that the officers who are sitting in higher positions do not even know their own job and law under they are working. Yes, It is a law that you need to provide any two identity proofs of your US citizenship and you have your passport/driving license/Social security..

I would suggest Kripal to contact District collector/DM of his district under whom all these officers/registrars are working. I hope he/she will understand your situation and help you out. You may have involved any elected MLA/MP of your area.

Good Luck.

Thank you RnS! I presented originals of everything to the officials, including my passport, birth certificate, driver's license, pay stubs, lease agreement, and social security card. This should be more than enough to prove my address, identity, citizenship, right? Well the officer did not accept these. He said, "How am I to know these are authentic documents? I cannot verify this information." I told him my birth certificate was issued by the state and stamped with an official seal of the Department of Health. I even offered to show him my original original certificate. The one issued to my parents when I was born as they still have this. I have also offered to give credit card statements and utility bills as proof as my address. He said the same thing about these documents. "I have no way of verifying your address"

Now he wants the Indian consulate to write a statement saying that they know who I am, what my address is, and what my citizenship status is? #######!????? I don't see how the Indian consulate has anything to do with me as I am not an Indian citizen, nor have I ever been an Indian citizen. The only way I am affiliated with India at all is being married to an Indian citizen. I called the consulates again and they are clueless and seem to be in a hurry to cut the phone with me.

As for the Distict Collector/DM, she was one of the first people we went to after the first registrar threw our paperwork in our faces. She was of no help. She is the one who showed the least understanding of the law and told me my marriage was not legal because I am not an Indian citizen. My husband angrily retorted at her that Sonia Gandhi was not an Indian citizen either at the time of her marriage. Then she said she would need time to review the law. Typical bureaucratic nonsense.

Thank you for your help though. I hope we are able to proceed with the CR-1 because I seriously doubt these people will ever register our marriage.

[aprilflower 0]

Haha, you should have told the guy to fly to the US and visit you so that he can "verify" your address . Seriously though, I am so sorry that you are having to go through all of this #######. I hope the people processing your paperwork in the US will be able to move forward with things. I mean sometimes people don't even have birth certificates. Get statements from at least 2 individuals that attended you marriage and send that along with the other proof. I will be interested to see how things progress.

[Darnell 8,478]

Now he wants the Indian consulate to write a statement saying that they know who I am, what my address is, and what my citizenship status is? #######!????? I don't see how the Indian consulate has anything to do with me as I am not an Indian citizen, nor have I ever been an Indian citizen. The only way I am affiliated with India at all is being married to an Indian citizen. I called the consulates again and they are clueless and seem to be in a hurry to cut the phone with me.

If you have this 'request' in the form of a letter,

take the letter to the closest Indian Consulate/Embassy in the USA, and get it done.

Don't call anyone, just show up, ask to speak with one of the Vice-Consuls there (rarely the folk at the window) and get it done.

Good Luck !

[sunshine_84 11]

Sorry to hear about all trouble you and your husband are going thru. That's how corrupted Indian government is....... each officer has his/her own sets of rules and knows how to piss off civilians. Have you guys tried to bribe that officer?

[AKSinghSingh79 143]

Sorry to hear about all trouble you and your husband are going thru. That's how corrupted Indian government is....... each officer has his/her own sets of rules and knows how to piss off civilians. Have you guys tried to bribe that officer?

We have offered bribes but they were not willing to accept. They treated my husband very poorly, like he committed some terrible crime. They have disrespected me to my face, including mocking my husband in front of me and telling him that marriages with white American woman never last and he will be divorced in a short time. They also called him "desperate" and taunted him for choosing an American because "apparently Indian girls aren't 'good' enough for him". It's all been so humiliating. It's like they're dangling a carrot in front of us and pulling it away every time we jump for it. As far as I'm concerned, U.S. immigration will be a walk in the park compared to what we have already been through.

An update: I called USCIS today and they told me I should be safe to proceed with the paperwork for the CR-1 . They did warn me about a possible RFE for the missing marriage registration but he seemed confident that I had enough evidence to show proof of our marriage. We will keep fighting to get our marriage registered in India. I hope the Indian consulates will grant me the document. My only fear is that these officials will come up with another ridiculous request just so they can create another obstacle for us.

Again, I truly thank everyone for their advice and support. K and I are overjoyed that we can proceed with the CR-1.