• Marriage to a foreigner

My fiancé is a US citizen and we are planning to get married in 6 months in India. What is the basic procedure for a marriage like that? How would he get an Indian citizenship and if he gets it would it affect his US citizenship? Do we need to register marriage in the US for me to get a US citizenship, as we're planning on settling there? It would be very helpful if I can get detailed information on this.

Minu George
Asked 8 years ago in Family Law
Religion: Christian

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10 Answers

1. If he is a person of Indian citizen then he can obtain OCI certificate which would make him entitled to almost of all the facilities like Indian citizen.

2. For marriage he will travel to India and register your marriage under Special Marriage Act for which one month time is taken.

3. If your husband wish to take Indian citizenship by marriage then he will have to stay in India for seven years and once he does that he will have to relinquish his American nationality.

4. if you wish to settle in USA then do not change his nationality. Rather you can apply for Green Card.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

1) the foreign marriage can be Registered under the Foreign Marriage Act,1969 in USA (before the Indian High Commission and or before the Indian Consulate Generals Office as the case is)

2) In case a marriage between an Indian and a foreign national is to be registered in india , generally its required to file a notice of intended marriage with a Marriage Registrar in Trivandrum That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.

The notice of intended marriage can only be given in India, if at least one partner is permanently and the other partner temporarily resident in India.

After the stipulated waiting period of 30 days the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.

3) The following documents are required for both the partners:

a valid Passport

original Birth Certificate showing parents' names

if the person concerned is widowed, the original death certificate of the deceased spouse

If divorced, copy of the final decree

documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)

4) your husband can obtain OCI on basis of his marrying you

Ajay Sethi
Advocate, Mumbai
99977 Answers
8161 Consultations

Notice of intended marriage has to be signed by both parties

2) your fiancée needs to stay in India for 30 days

Ajay Sethi
Advocate, Mumbai
99977 Answers
8161 Consultations

No,he can send the signed application form from abroad but on expiry of 30 days he needs to be physically present to put his finger print impression.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

1. You can marry him under SMA. A 30 day residency requirement is to be met, which means that either the bride or the groom has to be living in India for at least 30 days prior to applying to the registrar to get married. For foreigners, this is evidenced by a certificate from the local police station or Copy of C Form or FRRO Registration copy accordingly.

2. You’ll need to submit your intention to get married to the registrar along with the residence certificate (i.e. proof of residence), certified copies of passports and birth certificates, and two passport sized photographs and few affidavits each.

3. If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registrar's office can then take place. Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address. The marriage certificate is usually issued a couple of weeks after the wedding.

4. All he has to do right now is to come with his original Certificates on a Tourist Visa and post registration of Marriage convert it into "X" Visa.

5. Engage a lawyer to sail through the process.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Getting married to a foreigner in India can be solemnised as per your prevailing traditions and rituals.

But registration of such marriage shall be under the provisions of special marriage act only.

By visiting the office of the Marriage registrar. All marriage to foreigner has to solemnized under the Special Marriage Act of 1954.. The intent for marriage to be filled up jointly by both and to wait for 30 days after registering the application. For this they require your age proof, (Passport, Birth Certificate) your address proof ( Passport, Ration Card, Voters Identity card) and Martial status. If any one of the spouse is divorced then the divorce decree along with the judgement copy has to be submitted. If the divorce decree is in any other language other then English get it translated and attested by your consulate/embassy. Passport size photographs are also to be pasted on this notice. All the documents has to be photocopied at the time of submission, photocopies has to be notarized. You have to pay a nominal sum as fees for which a receipt is given.

Then after two weeks visit the Marriage Registrars office for the actual date of marriage. At this time have all your original documents ready so that the Marriage Registrar himself can verify. After verification of the documents the registrar will give a date for the marriage. The date of marriage will be stamped on the back of the receipt. You can also say that you will show all the original documents on the day of the marriage. You can choose your date of marriage minimum one month from the date of submission of the form to maximum three months.

For the marriage itself you have to have three witnesses. All witness should have their passport size photographs ( 3 copies) along with proof of residence. You should also carry 3 nos of passport size photographs. The marriage itself is solemnized in front of the marriage registrar where in the husband and wife has to take the oath. The marriage certificate will be issued only after 15 days.

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

I need to confirm if my fiancé needs to stay in India during the 30 day notice period. Is it possible for me to do the paperwork on my own and let him join me at the end of the 30 day waiting period?

Your fiance need not stay back in India during the notice period of 30 days.

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

1. if you want to settle there you may solemnise marriage in US. India and US both are signatory of UN convention on International personal law so according to this convention both countries honor and give legality of marriage if it is solemnised in any signatory country.

2. you can get registration of marriage in India but before adopting US citizenship otherwise you lost locus in India.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. If you are in India, then you should apply before the local marriage register for arranging the marriage and he will serve one months notice and copy of the sid notice will reach your notified residential address.

2. After that both of you can register your marriage in India.

3. He shall have to stay in india after getting married with you for at least 7 years for applying for Indian citizenship.

4. Since both of you wish to settle in USA, there is no point in his seeking Indian citizenship.

5. After marrying him, you shall have to arrive at USA based on dependent VISA and after completing the prescribed period of stay at USA, you shall have to apply for green card and thereafter USA citizenship which may or may not be granted by the authority depending on the rule prevailing at that time.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

1. Your friend need not stay in India for the said 30 days notice period and arrive in India even ion the day of the registration of marriage.

2. One of the two parties is required to stay in India for the said 30 days notice period before registering the marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

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