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Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Hi guys. I have a question to those who have gotten divorced after an overseas marriage. My husband is still overseas (in India) and we are still going through the visa process, as we are still planning on staying married at this time. We both have had a lot of problems in our marriage, though we haven't decided to give up yet. My issue is that my husband is requesting me to send him the original marriage certificate, which I took with me back to the US. He said he needs it for the visa process (as he was told by his passport office that he needs the original marriage certificate in order to get my name added to his passport... which is needed for Police Clearance Certificate for the US visa). So I'm planning on mailing our original marriage certificate to him. I do have some (India) certified copies of the marriage certificate at home, though.

I was just wondering that if we end up filing divorce at a later time, perhaps even before his visa clears,... can I still apply for divorce without our original marriage certificate? I am asking as I don't expect him to mail it back to me overseas so that I can file. Or will the certified copies be sufficient? Also is a certified copy a certified copy anywhere in the world? What I mean is, that since the copies are certified in India, will they be accepted here in the US if we divorce? Or do I need to get *US* certified copies of the marriage certificate? I just wanted to ask before I mail out the certificate (which I plan to do within the next 1-2 days).

I know he could try to obtain a new marriage certificate so that he could have his own copy from his local registrar who registered our marriage. The problem is that that officer is corrupt, and demanded a huge amount of bribe last year to register our marriage in the first place (even though we were legally and rightfully entitled to marry). Thus my husband does not want to go back to the same office as my husband fears the registrar will again ask him for a huge amount of money.

Thanks!

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted (edited)

Hi guys. I have a question to those who have gotten divorced after an overseas marriage. My husband is still overseas (in India) and we are still going through the visa process, as we are still planning on staying married at this time. We both have had a lot of problems in our marriage, though we haven't decided to give up yet. My issue is that my husband is requesting me to send him the original marriage certificate, which I took with me back to the US. He said he needs it for the visa process (as he was told by his passport office that he needs the original marriage certificate in order to get my name added to his passport... which is needed for Police Clearance Certificate for the US visa). So I'm planning on mailing our original marriage certificate to him. I do have some (India) certified copies of the marriage certificate at home, though.

I was just wondering that if we end up filing divorce at a later time, perhaps even before his visa clears,... can I still apply for divorce without our original marriage certificate? I am asking as I don't expect him to mail it back to me overseas so that I can file. Or will the certified copies be sufficient? Also is a certified copy a certified copy anywhere in the world? What I mean is, that since the copies are certified in India, will they be accepted here in the US if we divorce? Or do I need to get *US* certified copies of the marriage certificate? I just wanted to ask before I mail out the certificate (which I plan to do within the next 1-2 days).

I know he could try to obtain a new marriage certificate so that he could have his own copy from his local registrar who registered our marriage. The problem is that that officer is corrupt, and demanded a huge amount of bribe last year to register our marriage in the first place (even though we were legally and rightfully entitled to marry). Thus my husband does not want to go back to the same office as my husband fears the registrar will again ask him for a huge amount of money.

Thanks!

You dont need marriage certificate to file divorce.

but you should be careful since you are sponsoring his visa thru marriage and you have to provide affidavit of support. in case you decide at later stage to split you will still be liable for his support.

Edited by pgupta
Posted (edited)

He does not need the original; a certified copy is sufficient in order to add your name to his passport.

http://passportindia.gov.in/AppOnlineProject/online/faqWhereToApply

ETA: Did you have to send him that "huge amount of bribe" to register the marriage?

Edited by Ihavequestions
Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

He does not need the original; a certified copy is sufficient in order to add your name to his passport.

http://passportindia.gov.in/AppOnlineProject/online/faqWhereToApply

Thanks for the link. However, maybe I'm blind, but I'm just not seeing where it says the certified copy of the marriage certificate is acceptable. Can you show me where?

ETA: Did you have to send him that "huge amount of bribe" to register the marriage?

Nope. My parents were kind enough to pay for the wedding. They're like, if we are paying for the wedding, at least your husband can take care of his own visa bribe, as we want nothing to do with that.

Posted

Thanks for the link. However, maybe I'm blind, but I'm just not seeing where it says the certified copy of the marriage certificate is acceptable. Can you show me where?

Q:I want to add my spouse name on my passport. Where can I apply for the same?

OR

I want to change my existing personal particulars in the passport. Where can I apply for the same?

A:If you want to add spouse name in your passport, you need to apply for reissue of passport. You can submit the filled in Passport Application Form at any Passport Seva Kendra (PSK) within the jurisdiction of your Passport Office. You can also fill the form online before coming to Passport Seva Kendra (PSK).

In other words, he'll have to apply for a new passport.

Q:What are the various DOs and DON'Ts for applicants applying at District Passport Cell (DPC)?

Documents Self-attested photocopies of the supporting documents that need to be submitted along with the form (In case of submission at Citizen Service Centre (CSC), particularly at Bangalore-1, applicants are requested to attach attested photocopies (either gazetted official or notary) of all documents with the application form.)CLEAR photocopies, One documentary proof is sufficient for each document category, Documents should be correctly mentioned in the "ENCLOSURES" section and properly attached, Personal Details mentioned in the application form should match the details in the enclosed documents e.g. address, employment type, gender, Parent's/Spouse name, citizenship, Date of Birth.

And bring photocopies.

 
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