You need to file a writ petition in high court if you are not getting any clarity from said department
Assistance with Indian tourist/permit visa for my wife who is a dual citizen of Pakistan and USA
I am an Indian citizen currently residing and working in the United States on an H1-B visa. My wife is a dual citizen of the United States and Pakistan. We got married in August 2023 in the U.S. and are planning a trip to India to visit my family. Last year, we applied for her Indian permit visa through VFS (via the physical application process, not online) on two separate occasions, but both applications were rejected on technical grounds. Unfortunately, no specific details about the issues were provided, and none of my family members were contacted for police verification, despite us submitting a complete sponsorship certificate. At this point, I am unsure how to proceed. We would greatly appreciate any guidance or assistance in navigating this process.
Asked 11 months ago in Family Law
Religion: Hindu
7 Answers
File RTI Application as to why the visa for wife has been rejected
Unless visa is granted she can not travel to India. If the rejection as due to technical reasons then remove the technical hurdle and apply afresh.
Visa is a discretion of the issuing country and even court of law can not intervene in this.
You can file divorce case in Family Court under Section 2 of THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939 under following grounds.
- that the whereabouts of the husband have not been known for a period of four years;
- that the husband has neglected or has failed to provide for her maintenance for a period of two years.
For obtaining Khula, you require consent of husband.
As an Indian citizen residing in the United States on an H1-B visa with a spouse of dual U.S. and Pakistani citizenship, navigating the Indian permit visa process can be challenging due to additional scrutiny. Since your wife’s applications were rejected without specific reasons, it’s crucial to contact VFS or the Indian Mission for clarification, ensure all required documentation—such as a properly attested sponsorship certificate, marriage certificate, and accurate forms—is complete, and consider applying online through the e-Visa portal to minimize errors. Additionally, seek assistance directly from the Indian Consulate in the U.S., and escalate the matter to the Ministry of External Affairs (MEA) if needed, through their grievance portal or helpline. Persistence, accurate documentation, and potential professional guidance can ensure a successful outcome.
Thanks and Regards,
Advocate Aman Verma
Legal Corridor
You gave to first find out what was the technical reason that the visa was rejected and rectify the defects observed by authorities.
Actually you can apply for your Pakistani wife for visa to visit India.
You need to provide the following documents:
- A wedding invitation card
- Documentary evidence of the relationship with contacts in India
- A sponsorship certificate that is attested by an Indian authority
- A copy of the spouse's Indian passport with the endorsement page
- An attested copy of the marriage certificate or birth certificate
- A self-attested copy of the official ID of the attesting officer
- A copy of the electricity bill, telephone bill, ration card, or election card of the Indian invitee
If you had complied with all requirements properly then you may obtain the details for rejection and take it up legally with the authorities concerned
