Civil Marriage in India

[Diamond7 0]

I am an Indian citizen wishing to marry a Indian origin American Citizen.. We hope to have a civil marriage in India.

Under which Act can we marry ?What are the formalities and documents required ? Does my fiancé having OCI help in any manner? My spouse hopes to file IR-1 on return to USA.

[Sawa N Ab 7]

Hi,

I am similar situation... I am american who fell in love with an Indian citizen and lived with him for six months in New Delhi. We thought about getting married in India fist then heading to the USA later on but realized it would be harder for us to file that immigration process and it seems to take longer than the K1 visa. The marriage process in New Delhi requires you to announce your marriage for 30 days which can be beforehand if you want a court marriage or afterwards if you want a typical Indian ceremony. There are two marriage certificate you can receive in India one being the hindu marriage certificate if yall are both hindu or the special marriage act certificate. The documents requirements are complicated but you should be used to that with dealing with Indian bureaucracy and require a high level notarized signature. You’ll need to submit your intention to get married to the registry office, along with evidence of residency, certified copies of passports and birth certificates, and two passport sized photographs each, which each need to be notarized. It's only necessary for one of the parties, not both, to be present to submit the intention to marry.Your american fiancee needs to set up an appointment with the US embassy to get a notarized letter declaring that she is single and the marriage process require at least one of you to be in the country for 30 days before or after ceremony which every way you choose.

My advice if you are planning to transition to the usa as soon as possible is to go through the K1 visa process, because you can still have the big ceremony in India but dont file any documents, come over on a finance visa, and have another legal ceremony in the USA. I also used IndiaMike as a great source of finding out information for marriage with expats in India and we were able to get great advice from our local register office in India.

I hope this post was informative and that you figure out what is best for ya'll!

Cheers,

Sara

Edited August 15, 2015 by skilgore89

[Mrs.yadav 1]

The US Embassy in Delhi will not issue a notarized letter proving someone is single. You must have your original court documents or original certificate of death to show. A court marraige with a certificate of conversion (you aren't really becoming Hindu, just saying you accept this part of your mate) costs around $450 to a lawyer. The ceremony is quick if it is just between you and your spouse. Take pictures of everything and once you get your original certificates, that day, you can file your CR1 by "overnighting it", costing around $25 to the USCIS in America. Then starts the process, they will assign you a case number.

Hi,

I am similar situation... I am american who fell in love with an Indian citizen and lived with him for six months in New Delhi. We thought about getting married in India fist then heading to the USA later on but realized it would be harder for us to file that immigration process and it seems to take longer than the K1 visa. The marriage process in New Delhi requires you to announce your marriage for 30 days which can be beforehand if you want a court marriage or afterwards if you want a typical Indian ceremony. There are two marriage certificate you can receive in India one being the hindu marriage certificate if yall are both hindu or the special marriage act certificate. The documents requirements are complicated but you should be used to that with dealing with Indian bureaucracy and require a high level notarized signature. You’ll need to submit your intention to get married to the registry office, along with evidence of residency, certified copies of passports and birth certificates, and two passport sized photographs each, which each need to be notarized. It's only necessary for one of the parties, not both, to be present to submit the intention to marry.Your american fiancee needs to set up an appointment with the US embassy to get a notarized letter declaring that she is single and the marriage process require at least one of you to be in the country for 30 days before or after ceremony which every way you choose.

My advice if you are planning to transition to the usa as soon as possible is to go through the K1 visa process, because you can still have the big ceremony in India but dont file any documents, come over on a finance visa, and have another legal ceremony in the USA. I also used IndiaMike as a great source of finding out information for marriage with expats in India and we were able to get great advice from our local register office in India.

I hope this post was informative and that you figure out what is best for ya'll!

Cheers,

Sara

[Sawa N Ab 7]

That is option too... But to clarify as a US citizen who almost got married in India, I went to the US embassy to get a notarized letter that stated I was single because that was a requirement for a court marriage but I decided to go down the K1 Visa route due to a shorter approval process. I used my notarized letter in my proof of relationship while filling my petition for my fiancee K1 visa instead. Also to have a court ceremony, all you have to do is go to the register office and provide those documents for ten times cheaper than paying the lawyers to do it for you if you want a cheaper option.

Edited August 15, 2015 by Sara N Abhishek

[KierenHby 897]

Requires US embassy appointment, and a $50 fee.

Affidavit of Competency to Marry/No Objection Letter

This office occasionally receives requests to provide “No Objection” letters concerning a person’s intent to marry in India. The Embassy cannot make any official certification about the status or eligibility to marry of persons residing in the United States who propose to be married abroad, or about the laws of the United States or of any of the fifty States or Territories about eligibility for marriage or the solemnization of a marriage. Some countries require persons who wish to marry to provide written proof, issued by governmental authority, that there is no legal impediment to the marriage. No such document, or governmental authority to issue such document, exists in the United States.

Previously, this Embassy provided a letter to American citizens wishing to marry in India which stated that we were prohibited from notarizing affidavits concerning marital status. Based on new guidance from the U.S. Department of State the Embassy is authorized to notarize a statement from the U.S. citizen party to the marriage, in which the citizen him or herself affirms that they are free to marry. You can download a blank “No Objection” letter here (PDF). You should use this form if you are planning to marry In India.

Edited August 15, 2015 by KierenHby

[Sawa N Ab 7]

Yep, that is what I got done in April and we went to the register office in May and they said it was valid document to show proof that I was single. Setting up an appointment was very simple and took only 20 mins to get everything notarized at the embassy in New Delhi.

[Diamond7 0]

Thank you Sara,Kieren and Mrs Yadav. Your inputs are very useful.

There is some confusion about whether US embassy in India will issue a 'Single status certificate' although notarized affidavits seems possible. Plus the local Registers office gives different opinions regarding documents required from my Indian origin American citizen fiancé. At one point I was told " US citizen with OCI card" is enough. 2nd query got the reply that single status certificate is a must.

Some 'knowledgeable' locals advise that to overcome these issues ......just have a civil/register marriage showing both our Indian address. But this could mean my fiancé's address in Marriage Certificate will show an Indian address and not US address. Does this have any implications when my spouse files IR1/CR1 for me? My fiancé has just joined a new company and can only come down to India for about 10 days. I am into my final year of studies and we don't mind waiting for about a year to be together in US. We have known each other for over two years.

Edited August 16, 2015 by Diamond7

[Ryan H 3,790]

Moved from IR-1/CR-1 Progress Reports to India regional forum; topic is about marriage procedures in India and not a US Spouse Visa case status update.

[KierenHby 897]

I am planning to marry a Indian origin American citizen under Special Marriage Act in India. But local Registrar is refusing due to the fact that one is a foreigner, demands single status certificate ( which US embassy will not issue). Hence Well wishers are advising to get the registration done with both our local address as we both have roots in the same city in India. The marriage certificate thus will show my American fiancé Indian address. Will this be a problem when my spouse files IR1/CR1, spouse visa for me. We have known each other for over two years and met each other in both countries. Since I am in my final year of college we don't mind a years wait to be together in US.

Where'd you come up with that?

You haven't specified if dealing with the Delhi embassy or Mumbai consulate

Edited August 16, 2015 by KierenHby

[estoyconestupido 4]

Forget all that do a k-1 its much faster.

[Sawa N Ab 7]

Well here is another option for the single status statement which your are going to have to get too because it is a requirement for both individual in a special marriage act. You could write a letter for your self and write another letter for your fiancee stating that your are single and get it notarized by someone in India if your are not close to an Embassy. My fiancee got a letter drafted up stating that he was single and got it notarized. I was not able to do that because I am not a citizen but maybe because she has a OCI, she will be able to. Also go to the immigration office and get a letter from there stating that her residence is in India but I think that would complicate your situation with your visa, which is the most important.

Just to state you are able to get a notarized letter from any embassy for single status certificate so that is the easiest option. It costs $50 dollars and only takes 20 minutes. She or he doesnt even have to wait in a line, it is fairly simple. Ill show you a copy of mine if that calms your nerves that the embassy does actually issue them.

[Divs 35]

My husband and I got married in India under the Hindu Marriage Act. When I approached the local Registrar's office in my hometown, I was told that both of us would have to appear in person and file an application, and then wait for a month before we could get married. Since my hubby didn't have that kind of time to spare, we went another route. I got a lawyer involved and got married under the Hindu Marriage Act. The lawyer had contacts with the local registrar's office, and thanks to him, we were able to get our marriage certificate in hand within two weeks.

[Diamond7 0]

We are trying to to avoid the K1 route as I have a tourist visa and don't want to complicate things with entry to US with intent to marry. More over community obligations means a marriage be celebrated in India. Hence looking at IR1/ CR1. As mentioned earlier we are fine with a one year delay to be together. Are we ok doing this? What are the pitfalls of this route?

Does both of us having our Indian address in the Marriage certificate be a negative when my fiancé files spouse visa for me? Or is it a must that my fiancé American address be there in the certificate issued by the Registers office to be a valid document or to speed up the spouse visa process?

I have again posted this thread as I am struggling to get clarity regarding this address part. Kindly help.

[TBoneTX 43,048]

Duplicate threads merged. Please avoid starting multiple threads on a single or similar-themed topic.

VJ Moderation

[KierenHby 897]

Address listed on a marriage document has absolutely no consequence on the spouse visa. Names, and date/place of marriage is key.

Btw, please also respond to Post #9 above. It'll help folks to guide you better.