• Want to marry a foreign national from United State

Hi I am an Indian who wants to marry a foreign national from the United States. Right now he is under a business visa. I need help with the legal marriage process and Visa compliance. What do we have to do and how can we move forward with the legal marriage? what documents he would require for the marriage and for the residency?
Asked 5 years ago in Family Law
Religion: Hindu

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13 Answers

Both of you can perform the marriage by registering it in Kolkata under Hindu Marriage Act

For this he needs to visi India and apply it with his age and address proof. Few other formalities are required from the side of the Registrar. 

Once those formalities are completed after one month in physical presence of both of you the marriage can be registered. 

Thereafter it would be easier for you to get spousal visa.

For further help contact personally. 

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

Hi, you need to register your marriage before Sub-Registrar. If she is living 30 days in India as per foreign marriage act, you can marry her.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

You can marry as per the Indian foreign marriage act and a American needs to stay here on month before registration of marriage. It's like same as the special marriage act rules. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

marriage to foreigner has to solemnized under provisions of the Special MarriageAct of 1954. --

 

you both should jointly fill up the Notice for marriage .

 

3) 

Documents needed for marriage in India between an Indian and foreigner:

birth certificate

Passport

You will need a visa for more than 30 days

Proof of address

Certificate of No Impediment/Single Status Affidavit

Passport sized photographs

 

 

4) 

Documentary evidence regarding stay at district in India of one of the parties for more than 30 days (Proof of stay or report from the concerned SHO).

5) . N.O.C. or Marital Status certificate from the concerned embassy or Consulate in India by a foreigner partner.

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

An Indian citizen can marry a foreigner under either the Foreign Marriage Act or the Special Marriage Act

It would be easier under  the Special Marriage Act than the Foreign Marriage Act. Stipulated conditions for solemnisation of marriage under the Special Marriage Act are very simple and easy to fulfill  in comparison to the Foreign Marriage Act. 

Requirements :

One of the parties to the marriage must have been residing within the jurisdiction of the Marriage Officer for a period of not less than 30 days preceding the date of the notice. 

Other party is not required to follow the 30 days rule.

Notice of intended marriage to be issued to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for not less the 30 days as stated above. 

If no objection is received within thirty days of publication of notice,  the marriage may be solemnised after expiration of the said 30 days. A marriage certificate will be issued. 

Age proof certificate and address proof will be required. 

This is a very simple procedure. You alone can fill up the forms and submit and complete the procedures in all respect. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

- Since you want to marry with a US citizen, then this marriage will be solemnized under the Special Marriage Act.

- Further the following documents required for marriage registration in West Bengal .

  1. Birth certificates (for age proof)
  2. A valid visa of more than 30 days for the foreign national
  3. A single-status affidavit signed by both parties. In case one of the parties has married previously, the Divorce Decree (for divorcees) or Certificate of Death (for widowed) is necessary.
  4. Address proof and passport size photographs
  5. Adequate documentary evidence of 30-day residence in India
  6. A ‘no-objection’ letter from the US Embassy or Consulate, 
  7. Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address

- 30 days residency requirement means that either the bride or the groom has to be living in India for at least 30 days prior to applying to the local registry office to get married.

- For foreigners, this is evidenced by a certificate from the local police station.

- If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registry office will take place

- The marriage certificate is usually issued a couple of weeks after the wedding

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

A marriage between parties one of whom at least is a citizen of India may be solemnized under Special Marriage Act, in India before a Marriage Registrar in India or a Marriage Officer in a foreign country. ELIGIBILITY CRITERIA: At least one of the parties should be an Indian citizen. The bride groom must be 21 years of age; the bride must be 18 years of age. Neither party has a spouse living,Neither party is an idiot or a lunatic,The parties are not within the degrees of prohibited relationship. Each party involved should not have any other subsisting valid marriage. DOCUMENTS REQUIRED: Application form duly signed by both the parties.Documentary evidence of date of birth of parties.Copy of Passport of both the parties with valid Visa. Residential Proof of both the parties. Documentary evidence regarding stay at district in India of one of the parties for more than 30 days (Proof of stay or report from the concerned SHO). N.O.C. or Marital Status certificate from the concerned embassy or Consulate in India by a foreigner partner. Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.PROCEDURE: The parties to the marriage shall give notice in writing in the form specified, to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.All the documents are verified at the Office of Marriage Registrar. The law of other nation shall not be in conflict with Indian laws. The notice is then published inviting objection to the marriage, if any. If no objection is made, then, on the expiry of the notice publishing period, the marriage may be solemnized. The marriage shall be solemnized in the presence of at least three witnesses. Further the Marriage Certificate is entered and is granted by the Marriage Registrar finally.

 

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. If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice”  collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. Upon receipt of an application signed by both the parties to the marriage for the registration, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objection and after hearing any objection received within that period, shall, if satisfied that all the conditions are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the prescribed form and such certificate shall be signed by the parties to the marriage and by three witnesses. This Certificate 

Certificate is required as proof of the marriage and when applying for a visa to for a foreign country. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Conditions relating to solemnization of foreign marriages.

 

 

4.Conditions  relating to solemnization of  foreign  marriages.-A

 

marriage  between parties one of whom at least is a citizen  of  India may be solemnized under this Act by or before a Marriage Officer in a foreign country,         if,       at the time of       the  marriage,  the  following conditions are fulfilled, namely:--

 

 

(a)  neither party has a spouse living,

 

(b)  neither party is an idiot or a lunatic,

 

(c)  the  bridegroom  has completed the  age  of  twenty-one years and the bride the age of eighteen years at the time    of the marriage, and

 

(d)  the  parties are not within the degrees  of  prohibited relationship:

 

Provided  that where the personal law or a custom  governing at    least    one of the parties permits of a         marriage between them,   such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship.

 

 

You may go through my previous post to follow the procedures that are to be adopted.

 

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You can marry him legally under special marriage Act in India. 

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

1. You shall have to submit an application before your local marriage register for registering your marriage on a particular date after one month.

 

2. One month's notice shall have to be given. 

 

3. Both of your address proof and ID  along with photographs shall have to be enclosed with the above application.

 

4. Thereafter the marriage register shall issue notice to your address provided to him.

 

5. Your husband may choose to arrive at India even on the day of the marriage.

 

6. Both of you shall have to appear before the marriage register (or he/she might come to your place charging fees) and sign the Register before the Registrar along with two witnesses from each side.

 

7. The formal Marriage Certificate will be issued by the Registrar with in around next 7 days.

 

8. Based on the said marriage certificate you two will be considered as husband and wife and he can start arranging for your spouse Visa after returning to USA.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

1. Step by step guidance for registering marriage in India has been provided in my earlier post.

 

2. Thereafter it might take around 6 to 12 months for you to get the spouse Visa to go to USA.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

A marriage in India is required to be registered under Indian marriage law. In case a marriage between an Indian and a foreign national is to take place in India, the marriage r has to solemnize under the Special Marriage Act of 1954.Generally it is required to file a notice of intended marriage with a Marriage Registrar of your choice in India. 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.

If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice”  collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. 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.

If the marriage was registered in India

The requirement for this will be your age proof, (Passport, Birth Certificate) your address proof (Passport, Ration Card, Voters Identity card) and Martial status. The best for you both to give one notice for marriage under the Act of 1954 to the Marriage Officer of the District where you permanently reside in India, after one month notice period marry her in presence of 3 witnesses by the Marriage Officer, get Valid Marriage Certificate from the Marriage Officer.

Other wise you can apply in india at the time of arrival at home in india. Your marriage has to be solemnize under the Special Marriage Act of 1954. But one month of the notice for the registration of such marriage has to be given and after no objection to registration raised, than only marriage is registered under the Act of 1954.

Additional documents to be presented to the Indian authorities are usually:

  • Your valid Passport
  • Original Birth Certificate showing both your parents' names
  • if a fiancé is widowed, the original death certificate of the deceased spouse
  • if divorced, copy of the final divorce decree.

The requirement for this will be your age proof, (Passport, Birth Certificate) your address proof (Passport, Ration Card, Voters Identity card) and Martial status. The best for you both to give one notice for marriage under the Act of 1954 to the Marriage Officer of the District where you permanently reside in India, after one month notice period marry her in presence of 3 witnesses by the Marriage Officer, get Valid Marriage Certificate from the Marriage Officer

The following documents are required for both the partners for register the marriage

  1. A valid Passport
  2. original Birth Certificate showing parents' names
  3. if the person concerned is widowed, the original death certificate of the deceased spouse
  4. If divorced, copy of the final decree
  5. documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)

For the clause 5 create a rent agreement soon for period of not less than 30 days prior to filing application 

Bridegroom and bride should give notice of intended marriage 30 days in advance for the solemnization of marriage along with prescribed fees. Bride or bridegroom must have lived continuously for not less than 30 days within the jurisdiction of marriage officer before giving the notice

If no objections are received within 30 days from the date of notice of intended marriage, bridegroom and bride should appear before the Marriage Officer within next 60 days after lapse of initial 30 days from such notice along with three witnesses for solemnisation of the Marriage. Marriage Officer after following procedure prescribed under act and rules will solemnise the marriage

If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice”  collected from the Marriage Registration Office o in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. 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.

Ajay N S
Advocate, Ernakulam
4126 Answers
114 Consultations

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