Hindu marriage then students visa

[netri7 7]

We got married by Hindu ceremony in Jan but did not register our marriage. I then applied for student visa in June which was denied, they also cancelled my tourist visa. We then got married via court marriage ceremony in September and will now file for CR-1 Visa. Will me declaring that I was single during the time of applying for students visa because i did not have a marriage certificate be a problem when I got my CR-1 visa interview?

[Ben&Zian 4,398]

I am not in the CR-1 category nor expert in that field; but it could possibly bring up some issues.

As with people who apply for tourist visas and "hide" the fact they are going to see their SO, sometimes that comes back up later on to bite them during the K-1 process because they intentionally lied.

Now, while you did not file any marriage certificate because it was a Hindu ceremony, this has caused people issues in the K-1 process because the consulate sees them as married. So they are "too married" for K-1; but not "married" for the CR-1.

It's a gray area that people should avoid being in.

But as to your specific question, again it could come up as an issue because you put inaccurate information, which could be looked at as "misrepresentation" on your part.

Hopefully someone here with more specific knowledge on this can also chime in and help you to sort this.

[Boiler 45,670]

No way of knowing for certain, could see it going either way.

[Ben&Zian 4,398]

OP,

You were actually 'denied' the student visa correct?

On the form for the CR-1 application, does it ask if you have ever been denied a visa of any sort?

If so, when they search and find that denied student visa they can see you put "Single" instead of married on the form.

This is where the issue may arise; but as Boiler said above, it's hard to say. It may cause an issue, and it may not even come up.

It's 50/50 really...

Edited October 18, 2016 by Ben&Zian

[Tanish 197]

We got married by Hindu ceremony in Jan but did not register our marriage. I then applied for student visa in June which was denied, they also cancelled my tourist visa. We then got married via court marriage ceremony in September and will now file for CR-1 Visa. Will me declaring that I was single during the time of applying for students visa because i did not have a marriage certificate be a problem when I got my CR-1 visa interview?

What does your marriage certificate say your marriage date is?

[Rick & Apple 233]

We got married by Hindu ceremony in Jan but did not register our marriage. I then applied for student visa in June which was denied, they also cancelled my tourist visa. We then got married via court marriage ceremony in September and will now file for CR-1 Visa. Will me declaring that I was single during the time of applying for students visa because i did not have a marriage certificate be a problem when I got my CR-1 visa interview?

Filling in your timeline can help other members give more accurate replies.

[Anna Frankovich 1]

Everything you say during the previous interview is recorded in their system so yes they might ask why you said you were single and now you are married, and it will be considered as a lie in the eyes of the Co. I was in same situation they asked me about something I said in my previous interview 5 years ago and I had a good explanation but still I think the Co doubted and he put me under ap...As long as you have a strong evidence of your relationship and your marriage is true no one can separate you from your husband.

How long after the refusal did you get married?

[Cheezees 1,514]

(Assuming you were married in India) According to the Marriage Act of 1955, the registration of a Hindu marriage is optional. That is, you do not need to register the marriage nor does registration grant any "legality" to the ceremony. You were legally married according to Hindu rites when you applied for the student visa. To declare otherwise is fraudulent. DO NOT do it.

[netri7 7]

Yes, I was married by Hindu rites in India and at the time of application I did not have any document/marriage certificate stating that I was married since we did not have time to get it done. According to legal counsel in the eyes of immigration if you say you're married, you have to have some legal documentation to prove it, which I did not that time and thought it was legally right to say that I was unmarried since we hadn't registered our Hindu marriage. I now came across this rule "According to the Marriage Act of 1955, the registration of a Hindu marriage is optional. That is, you do not need to register the marriage nor does registration grant any "legality" to the ceremony. " on the US VISA site and I'm realize now that it was wrong step to take.

I'm sure they have a question of whether you held/applied for another category of visa when I file my CR1 paperwork and the fact I was denied students will obviously raise red flags. That being sad and done, I cannot undo what's already done. My court marriage certificate dates in September; I was denied student visa in July. I will be filing my paperwork for CR1 anytime in the next two weeks. I'm really scared that after all the effort and wait for my interview, the outcome maybe negative. We have all sorts of evidence supporting our marriage that can show this relationship is real. What I am now concerned about is whether the embassy looks at the fact that you 'sort of' technically lied earlier to them MORE than the fact that this marriage is real and I deserve to live with my husband in the USA or not. I sure hope they don't! If they do, what could be the possible outcomes ?

[Boiler 45,670]

As long as you explained all that not a problem.