• Pakistani Born American Citizen seeking marriage & residency/citizenship India

Hello,
I am a Pakistani born American citizen (I have dual nationality), am in a relationship with an Indian man since a couple of years. We plan on getting married & I am more than willing to move to India to marry & settle with him there. My queries are about the possibility & legal requirements for this matter. 

1. How can I come to India, How to easily get a tourist visa? (With a Pakistani origin ,I have heard stories about difficulties in getting a tourist visa despite being an American citizen, being in the US for more than a decade & having never been back to Pakistan nor intending to ever go back)

2. I was born in a Muslim family but was never a follower. After I immigrated & came to USA, I found a great sense of religious freedom here & after knowing, reading & practicing Hinduism for quiet a while now, I consider my self a converted Hindu. My boyfriend is a Sikh. How can we marry in India? If we marry in USA, how can I transfer those marriage documents to India & will they be acceptable legally?

3. Is it better to marry in India or USA or some another third county? I know a little about the special marriage act, will my marriage be under that?

4. After marriage, will I be allowed to stay & work in India? Will I be granted residency/Citizenship? What are some specific details?
 
5. Regarding religion, Is there any legality or an accepted way to properly convert/identify myself as a Hindu in India?

I need genuine legal advice in this matter, any help will be greatly appreciated.

Thank you & best regards.
Asked 4 years ago in Family Law
Religion: Other

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22 Answers

Hi, If both of  you are residing in the USA then it is better you can marry in the USA It self. Otherwise, if you want to marry in India then as per foreign marriages Act you need to register your marriage. The practice  of registering the marriage is different from State to State. It is better you can approach local advocate of the area where you intended to register your marriage in India.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Dear Client,

In India, Homosexuality is allowed by the Supreme Court Judgement in Navtej Singh Johar vs. Union of India and still Indian Law did not recognise Same - Sex marriage. In India, Same sex companionship is allowed. Yes, in USA Same - Sex marriage is legalised. Look, India only recognise concept of single citizenship i.e. to take Indian Citizenship you need to give the citizenship of Pakistan and America. You can get Indian Citizenship only when you are in compliance with the condition prescribed in Citizenship Act, 1955. 

Thank You.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

1) you can come to india on tourist visa as you are American citizen 

 

2) you can get married in USA register your marriage in india under provisions of foreign marriage act 

 

3) in alternative you can get married in id is under provisions of special marriage act 

 

4) better get married in USA 

 

5) you can apply for long term visa to reside in india on basis of marriage to an Indian citizen 

 

6) 

section 5(1) (c) of citizenship act provides that a person can be regsitered as indian citizen if such a person is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration. in your case marriage is taking place in 2014 .in my view if you have before marriage stayed in india for 7 years you can make application for registration after marriage to an indian .

for making an application for registration under section 5(1) (c) applicant has to fill in Form 111 under rule 5(1 )(a)of citizenship rules . if applicant has in preceding 12 months continoulsy resided in india the said period would be taken into account . further in last 8 years preceding 12 months if applicant has resided in inid for not less than 6 years said period would be taken into account . if you fulfill the criteria laid down under section 5(1)(c) and rules frmaed thereunder you would be eligibale for making an application for registeration .

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can renounce your Pakistani citizenship then marry your fiancée in india under provisions of special marriage act 

 

you can get married if you come under visitor visa then apply for conversion into long term visa 

 

3) you need work visa to work in india as you have foreign citizenship . work visa cannot be granted for ordinary , clerical or routine jobs . applicant should be highly skilled and qualified professional

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear client,

If after marriage if you wish to live in India with your male spouse who is an Indian citizen then you can file a resident application on the website of Indian Bureau of Immigration. Yes you can work in India after marriage. You can apply for Indian Citizenship as your husband is Indian citizenship only after residing in India for 7 years. To get married in India you need to convert your tourist visa to X2 visa then only you can register your marriage.

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

1. As you say you have heard only stories about difficulties in getting a tourist visa. It should not be difficult so long as you are a law-abiding US citizen, notwithstanding your dual citizenship. India is the most tolerant nation in the whole world welcoming visitors with open arms.

2. and 3. It is better for you to get married in the USA and visit India as a tourist couple. The marriage certificate issued there would be valid in India.

4. If you have a confirmed employment on hand, You may apply for work visa.

5. You may do so if you wish. The procedure is not complicated.

Follow-up Queries:

It is your choice whether you wish to renounce your Pakistan citizenship and convert to Hinduism. There will be no legal compulsion absolutely. If your boyfriend holds Indian citizenship, you may apply for resident permit as his lawfully-wedded wife.

 

 

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

You can get married to him under foreign marriage Act or special marriage Act. If he is hindi you can take Advantage of new bill for hindi marriage in Pakistan also

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Client,

If a foreigner marries with an Indian citizen in India, then it will be done under Special Marriage Act, 1954. Marriage under this act will be a court marriage and you need to give the notice to marriage officer of the district in which at least one of the parties has resided for atleast thirty days. 

Thank you.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

It's a new pakistani legislation which recognises hindu marriage. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Since you are a foreigner you would be governed by provisions of special marriage act 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

in that case you can come to india on tourist visa 

 

You would not be granted dependent visa 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If it's not allowed you need special permission from embassy for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. There is no clause in Indian law that forbids an Indian man (or woman) from marrying a Pakistani national.

 It is not illegal for Indian to Marry Pakistani according to Indian Law.

Pakistan Nationals can visit maximum 5 places in India on Visit Visa and the same can be requested on their visa application form.

 Attested Sponsor ship certificate is required only for Visit visa. Pakistan Nationals Entry & Exit point should be same.

2. If you would like to marry him in USA, you can very well get your marriage registered before the Indian high commission/Embassy at USA under special marriage act, by complying with the formalities.

3. Any foreigner marrying an Indian, the marriage will be registered under Foreign marriage act or special marriage act.

You can get married in USA itself and get it registered before the Indian consulate within your jurisdiction under specie marriage act. 

4. A visitor visa is issued to a Pakistani national to meet relatives or friends or for any other legitimate purpose valid for a maximum of five specified places and for a period not exceeding 6 months with the stipulation that continuous stay during each visit shall not exceed three months.

Visas for foreign nationals with Pakistani Origin will be issued as per the details given below:-

Foreign nationals of Pakistani origin married to Indian nationals and their children may
be granted ‘X-2’ visa for a period of 5 years at a time with multiple entry facility.

 

5. There is no provision in law to adopt a formal procedure to convert into Hinduism, however you can get yourself converted to Hindu before any Arya Samaj in India.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Client,

As per MHA Guidelines, Foreign nationals of Pakistani origin married to Indian nationals and their children may be granted ‘X-2’ visa for a period of 5 years at a time with multiple entry facility.

A visitor visa for a maximum of five specified places may be issued for a longer period up to two years with multiple entries to – (a) senior citizens (those above 65 years of age); (b) a Pakistan National married to an Indian national; and (c) children below 12 years of age accompanying parents(s) as given in (b) above.

Thank You.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Pakistanis holding dual nationality must apply only on their Pakistani passports. Those who have either renounced Pakistani nationality or cancelled their Pakistani passport would need to submit documentary proof in this regard.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Even if you get converted to Hindu or Sikh, the status of your nationality is either Pakistani or USA.

Hence you cannot get your marrige registered under special marriage act married to an Indian citizen as a foreigner.

You can register your marriage under special marriage act only even though you may solemnise your marriage as per Hindu rites.  

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can apply for X 2 visa.

Foreign nationals of Pakistani origin married to Indian nationals and their children may
be granted ‘X-2’ visa for a period of 5 years at a time with multiple entry facility.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. Since you have Pakistani origin, you will not be issued VISA unless specially applied before the MEA, India.

 

2. Due to the hostile relationship between the two countries, your application for VISA might be rejected and in that case, you shall have to apply before the MEA for availing special permission to visit India on the stated grounds.

 

3. If you fail to get the VISA for coming to India, you can marry in USA as per USA Act or before the Indian Consulate as per Foreign Marriage Act of Special Marriage Act.

 

4. If you are allowed to get the VISA and its extension after your marriage, then it is expected that your futher stay also will be allowed finally leading to your acquiring Indian Citizenship.

 

5. India is a secular Country for which there is no compulsion for your changing religion for the purpose of marrying a Hindu/Sikh. The sole problem is Pakjistan and its continuous efforts in sending Jihadies/terrorists  to India to create terror.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Since you are a Citizen of USA, you have already relinquished your Pakistani citizenship which you need not repeat.

 

2. Ordinarily the foreigners coming to India on tourist Visa can marry an Indian and extend their stay in India and also can start working in India. After staying in India for 7 years with the husband, they become eligible to apply for Citizenship of India.

 

3. However, your case is absolutely different since you are a Pakistani born person.

 

4. However, you can try to show that you already have become a Hindu for which you are being persecuted in Pakistan s a result fo which you are seeking Indian Asylum.

 

5. This can be tried since a new Bill has been brought in the Parliament called CAA which will permit the Hindus, Christians, Sikhs, Jains etc of Pakistan, Afghanistan and Bangladesh arriving India being persecuted on religious grounds to get Indian Citizenship.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Your claim that you are practicing Hinduism will not help much in allowing yourself to Visit India with tourist Visa and then for extending the time, on the ground of National Security.

 

2. Understandably Pakistan Govt also will do the same.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. As per law, you can marry with him under the Special Marriage Act , and for this your presence in India for at least 30 days is mandatory . 

- However, your said friend can apply before the Registrar in your absence after taking your details and documents 

- Further, you can send an application before the consulate of India for granting visa for marriage in India , and which is generally granted without any hurdle. 

2. If your said friend is also living in US , then you can marry there as well under the Foreign marriage Act with the help of India consulate , and this marriage is legally valid in India. 

3. follow as mentioned above 

4. You will get visit visa , and for getting residency you 7  years stay in India is required. 

5. You can legally converted to the Religion of your faith , and there is no restriction in India constitution for the same. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. You are right. Tourist Visa to you might be rejected for your Pakistani Origin.

 

2. You can marry in USA or appeal to the Minister of External Affairs detailing your problem seeking his intervention in your getting Visa. It might click.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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