trinket

First of all sorry to be bumping onto an old post , but reading this made me think for a bit.

Here is the thing, I am a born Hindu, I have never in my life worn a Bindi other than on our wedding day. I am Bengali, and in our custom, married woman is ought to wear some red & white bangles and sindoor. Again I don’t wear those. What I wear are my wedding ring and a gold bangle which has another crust of iron inside it (it’s another Bengali custom).

My husband is white, and he is more into Hindu religion than I am, though we first met online through Yahoo's Hinduism chat room, but our views on religion are different. He is more of a Bhakti marga kind of a guy, where as I am more of an Advaitya kind of a girl. I don't believe in rituals.

Well what I am wondering is, I know its going to be something in a long run(slap myself and remind to stop making future plans already ), but whenever in months to come or may be in a year to come, and I have to go to Chennai for my interview, should I be the good Indian girl, wearing Sindoor a nd a Sari(again, worn that thing only 4 or 5 times in this 25 years of my life on earth) or should I just be me?

No one has mentioned the possibility of doing a K-1 fiance visa. Perhaps the OP should consider this option. To me this would be less time consuming and inexpensive. They have already met within two years and the petitioner is a US citizen. K-1 would be a cinch.

I think that would hinder her case even more. She is already married and has claimed so with the USCIS, how can she apply for K-1 in this case? Most probably if she goes that way, it will be taken as Fraud.

India has both religious marriage laws/boards and civil marriage law. If you are a born Hindu, you don't have to convert or you don't need any conversion certificate. But there are many factors to it, OP, does say her father is a muslim, may be OP has a Muslim name/surname given by her father's side, and that raised the question of being a born Hindu. Also, did OP only have a religious ceremony (with pundit and family member) without attaining any kind of Certificate?

USCIS/Dept. of Homeland Security Fees:

I-130 $ 190.00 U.S. (CDN $226.97)

Jus wondering, isn't the i-130 fee is $355

I can relate to that, actually have gone through some fights with my husband because of all the stress after reading the negative feedback of all the consulate, and the weird interviews. But I think after a while, you just accept things as it is, if Visa wont' be granted, its ok, we will just live in India.

Basically its the fear of proving your relationship to some stranger(consular, USCIS), that's what gets me the most. I didn't ask anyones permission to fall in love so why now I have to prove my love

Just thought I would share this email with you guys, anyone looking for a No objection letter, its better to have an affidavit done in US and get it notarized, rather than paying $30 in India for notarization.

From: XYZ [mailto:XYZ@gmail.com]

Sent: Wednesday, February 27, 2008 4:54 PM

To: Chennai, IV

Subject: No objection letter

Hello,

I am a USC who is already married to an Indian girl, we had an Arya Samaj wedding but I would like to register the marriage in India as soon as possible. Can you please guide me what all documents would I need to submit to Chennai embassy to receive a No objection letter. Also can I get it done though shipping or do me and my wife has to present to the embassy personally to collect the No objection letter.

Thanks for your time

-XYZ

Their Reply->

Thanks for your inquiry.

The Consulate does not issue any such letter.

Visa Information Unit

American Consulate General

220, Anna Salai

Chennai 600 006

India

Phone - 91-44-28574000/28574242

Fax - 91-44- 28112020

Website - http://chennai.usconsulate.gov

My husband replies back-->

is that all the answer you can give, because its not very helpful at all. how do i go about obtaining the no-objection letter.

After 5 days they reply back but with a much better answer--

from "Chennai, CS" <ChennaiCS@state.gov> hide details 9:08 am (25 minutes ago)

to XYZ@gmail.com

date Mar 4, 2008 9:08 AM

subject RE: No objection letter

mailed-by state.gov

Dear XYZ

The consulate no longer issues “No objection letters” as per instructions from the department of state. You may however appear in person and execute an affidavit concerning your marital status and get your signature notarized by the consular officer. You may visit the consulate for the requested service on any working day between 9.00am to 12.00pm and 1.30pm to 4.00pm, Monday through Friday. The fee for the notary seal on your document would be $30 (RS1, 200).

Thank you,

ACS Unit

opps sorry, it should have been aila.org

hello,

firstly as others have said a lawyer isn't really needed, even if you get a lawyer, it will be the part of you and your fiance to fill up the papers and arrange all the documents, like letters to each other, chat logs, flight stubs, things like that, you are basically paying a lawyer only to be a second pair of eyes and also to point out a few things if they are missing.

we have hired a lawyer ourself, i was against of it but my husband wanted one, we do have a kind of a situation, so lawyer did help so far. i have no complains with our lawyer, just make sure you choose from AILA.com its acronym for American immigration lawyer association, you can also find someone local through that site and its a legit site, almost nothing to fear about.

John,

This is from the site you gave me

Primary: marriage registrations issued by a recognized governing authority at the time of the marriage.

As I have stated earlier, we got married through Arya samaj, which is a recognised authority in India for hindu marriages. THE HINDU MARRIAGE ACT, 1955, clearly states that. But yes I do have my doubts with how USCIS is going to look at it.

Well I do see the red flags, but nothing can be done about it for another 6 months or so. Just going to keep my fingers crossed.

Thanks for your time.

Carolyn,

A hindu marriage in India is legal but sometimes its not legal for USCIS. They usually want Govt. recognised certificate. We have attached the hindu marriage act, let's just see what happens.

John

Thanks for the heads up, it sure is an awkward situation but still its better to know than not known.

One question, what if we register it before getting the RFE?

Thanks for the guidance

hi all,

well my confusing part is that, my husband needs to register the marriage. he is already married to me since 2004, so what kind of "No objection letter" should he get?

CarolynRitesh, from your posting I understand that you didn't have to go to Chennai consulate personally to get the no objection letter?

Lol, for the first time in my life I am hating to be from Port Blair. We sure will have to do a few trips to get the No objection letter if we have to go to Chennai

tafeagans,

Congratulations, and you can bet for the visa interview to go smoothly for sure

Thanks mgk,

Yes I am going through those sites right now. OCI, doesn't look so bad. Thanks for the references

I thought India allows dual citizenship? Or was it all just talk?

Hi all,

We have just filed our i-130 but we (more of me the wife) are pretty skeptical that we might get an RFE based on that our marriage wasn't registered.

So me and husband have talked about it and have decided for him to come to India and get the marriage registered if we do get an RFE. The question is the requirement of No objection letter.

He is already married to me, he is just coming to India for registering, so what kind of a No objection letter should he make? and also I do know in India he can have it done by any of the US consulates, but what if would want to come prepared from USA, which department should he contact in USA for such a no objection letter?

Also, since I am from Port Blair, I have talked with a couple of lawyers and registrar office here and they all say it will take around 45 to 50 days to get it, they don't even want their hands to be greased , but I do know and have read other VJ members having it done within 1 week. Just wondering if you guys can show me which lawyer to get in touch with for speeding up the process?

Thanks for any help

Hello Book keeper,

You might want to read this, this is what my husband wrote to the Chicago consulate of India, enquiring about which visa to get if he would like to go for DCF, and this is their answer.

From: Chicago <chicago@travisaoutsourcing.com

Date: Thu, Feb 21, 2008 at 12:59 PM

Subject: Re: Travisa Outsourcing (India) - Feedback from: XYZ - Other

To: xyz@gmail.com

You need to apply for an Entry Visa. Attach a copy of your wife's Indian passport (the photo page, and visa in the U.S. if she has it), as well as a copy of marriage certificate. Also if you have any children, they will also need Entry visas.

Thanks,

Erin Ralston

Travisa Outsourcing - Chicago

http://www.travisaindia.com

Tel: 312-346-2367

Fax: 312-346-2930

XYZ@gmail.com wrote:

Travisa Feedback

The following comments were submitted by Joe at 02/21/2008 8:58am EST.

Jurisdiction: Chicago

Hello consulate officer,

I am a US citizen, living in Indiana. And I am looking for guidance. I am married to an Indian woman and I would like to go and stay in India for around 8 to 9 months. Is there any provision that I can apply for a residential visa since I am married to an Indian? My main concern is to apply for immigration visa to USA for my wife, and for that purpose I can't take visitor's visa. As per US embassy in Delhi is concern, it specifically asks for any other visa, like business or residential visa, other than tourist visa, for a Direct Consular filling. For applying I need to be in India for at least 6 months and not with a tourist visa. Hope you can show me a direction of what I should file for and what all are the requirements for that. Thank you for giving me your time --XYZ

Thanks Ze22 and Dunhill,

Yes my husband is in US and he will be filling the i-130 petition either by today or tomorrow.

I am trying to more and more learn about the whole process, I think I have grasped the USCIS part but NVC part is still unclear to me, but hopefully I will learn it by the time we get to that.

Ze22, I do realise that you have sent your original certificates, just wondering how safe is it to send the originals? I am more thinking about notarising it by any of the public notary officer.

Thanks Mohgli for the heads up,

I wasn't aware of that, and I guess my husband forgot about it. He was thinking about using UPS, but lets see, if not today then tomorrow for sure.

And yes, we have the cover letter with table of content and seperating each evidence.

Thanks for the reply,

The this is that, my husband doesn't have a checking account, he had some problem with aol internet service and just a few other obstacle, so that's the reason we are relying on money order.

Well as for evidence, I thought we will have more phone records, letters and more western union copies till the time I get to the interview time.

Actually not really sure about all the evidence, my husband thinks we are sending too much and I think we are actually lacking evidences

Hi all,

We have just started our i-130 petition, but I would like to educate myself as much as I can.

I was reading through the Indian posts and have seen a few people saying how they went to Delhi embassy to submit their DS-230.

Well my consulate is Chennai but I am from Port Blair, so its not easy for me to travel back and forth. So I would like to know is do I have to submit DS-230 at the Chennai embassy personally or I can post them. I do realise I have to go there personally when I get an interview date and when I have to submit the police certificate and other documents, which will be only 10 days prior to the interview.

Also as Dunhill pointed out "We should get attested/certified copies from issuing authorities it self!!"

Do I really have to take those from the issuing authority? Because we got married in Jamshedpur and that means I will have to go to Jamshedpur to get them attested? Or can These be attested by any gazetted officer?

Thanks for all the help

Hello everyone,

Our i-130 petition is going to be shipped out tomorrow, I just wanted to list everything we have included and wish if you guys can look out and see if there is anything missing or not.

-Both of our 2, 2x2 photographs

-Money order of $355 for USCIS

-Form i-130 signed by him

-Form G-325a petitioner and G-325a applicant (that’s me), signed 4 copies of each.

-Our marriage certificate copy

-His Hinduism conversion certificate copy

-Both of our birth and passport copies, including biographic page.

-10 photographs of ours together, including 4 of the wedding along with relatives.

--Description of each photograph, along with date.

-Phone records from June 2007 to December 2007

-6 postal letters along with postal sealed envelops, 4 greeting cards

-7 western union receipts.

-His medical insurance where my name has been given as the beneficiary.

-My life insurance where his name has been given as the beneficiary.

-11 huge emails, writing each other back and forth

-10 chat transcripts, and also he took the print out of the chat log from google mail from June 2005 to January 2008.

Ok that’s about it, really hope I haven’t missed anything and we don’t get any rfe.

Thanks for looking through this list.

I am really not sure at which forum to post this topic, but just posting it with South Asia.

Anyways, reading all the good/bad experiences at the consulate level and the whole of visa journey made me wonder about something, how was it say 20 years ago? In the 80’s or 90’s, do realize it used to take around 2 or 3 years for the CR-1/IR-1 visa and K-3 has been introduced after 2002 or sometime around that.

I wonder if the beneficiary spouse was allowed to come to US while CR-1 is still in progress.

I don’t want to jump on to conclusions but if the SO wasn’t allowed then do feel the present Visa journey followers are much luckier than them.

Just wondering what the situation was like around that time. Did they have any loopholes to bring their spounses sooner than what we are going through, say around 10 to 12 months approx. or was it harder, may be the screening wasn't but the whole process was much more time consuming than what it is now.

I know it doesn't hold any relevance in today's time but just wondering about it.

One quick thing, the phone records are from my side though, my husband usually calls me through his prepaid mobile and all the phone cards he bought for calling me, he never saved those, but I do have the records of me calling him also his dad and brother, will it work the same way or is it more essential that the given records should be from the petitioner only? I realise its a silly question but still want to make sure we put things together perfectly.

This visa journey sure has made me a perfectionist no more half hearted jobs.

Fwaguy,

Thanks for the quick reply

We do have all the necessary evidence, from phone records to bank statements, western union, medical insurance papers and things like that.

So I will just uncheck the "love story" part then

Hello all,

What all to write with the petition while filing the i-130? Should my husband (petitioner) write about how we met and how long we have been together plus why he rather wants me to be in US than him shifting to India?

And should he make 2 sheets, one for all the documents he is submitting along with the forms and another sheet for this petition?

Thanks in advance for any suggestions