H1B marrying US citizen in India

N

newbie2005

Registered Users (C)
Helllo,

I did lot of search regarding this but didnt find any answers.

I am on H1B and marrying a US citizen in India. I want to know if anybody has gone through this before. What is required for us to make this wedding legal in India and US? I contacted the embassy but they said they dont know anything. They said contact legal office.

Should I come back on H1B status in US and then do a court marriage in US and file for GC or file for GC in India? Please help.

I hope somebody can help. I already sent email to all embassies and local state office and nobody knows anything.

Thanks.
 
If you register your marriage (India or US), it's legal in India as well as in US.

If I were in your place, I would have registered marriage in US and submitted papers from US.
 
Dont do any legal marriage in India.Just perform your ceremony in India and come back.Do a registered marriage in US and throw a party.
 
tapskap said:
Dont do any legal marriage in India.Just perform your ceremony in India and come back.Do a registered marriage in US and throw a party.
Click to expand...

Our US marriage will be after our Indian marriage. Indian marriage will be in dec 06 and US wil be in early 07.

If we dont do legal marriage in India, for tax purpose we'll not be legally married in US till 2007. Is this correct?

Does this also mean, cant apply for name change till we are marry in US?

Thanks for your response.
 
See Inline ...

newbie2005 said:
Our US marriage will be after our Indian marriage. Indian marriage will be in dec 06 and US wil be in early 07.

If we dont do legal marriage in India, for tax purpose we'll not be legally married in US till 2007. Is this correct?
... Yes

Does this also mean, cant apply for name change till we are marry in US?
... One can go for name change irrespective of marriage. It is just very complicated to do in that scenario. With marriage, name change process is simple and can be done while doing US court marriage.

Thanks for your response.
Click to expand...
 
usnycus said:
If you register your marriage (India or US), it's legal in India as well as in US.

If I were in your place, I would have registered marriage in US and submitted papers from US.
Click to expand...

Are you saying the same thing as other poster said, dont do legal marriage in Indian and only do legal marriage in US or you are just suggesting dont submit any papers in India?

Will it be bad if we legally marry in India and then again legally (register) marriage in US - both will have different dates though.
 
As long as marriage is within sections of family law, it doesn’t matter where you register your marriage. But, it is easier to get it done in US and paperwork/hassle will be less.

Regarding submitting papers, it is better to do it from US. You can file I-485 along with I-130 and that will make you eligible for EAD/AP etc.
 
Registering marriage in India is not at all a hassle. If you inform the registration office and fix a date (usually day or two after the marriage) and show up with witnesses, it would be quick. The whole thing can be done in a hr. Also, do not forget to carry wedding card, passport and/or other identifications etc. The registration office should tell you what you need.

Some times, you need bribe the clerk at the registration office so that he wouldn't ask too many questions and gives the certificate soon (same or next day).

It is not an absolute requirement, but to make it even simple, get some of the marriage photos developed early (just a few) and present to registration officer.

We showed up with some of wedding costumes the early next morning, so no questions..:)
 
newbie2005 said:
Helllo,

I did lot of search regarding this but didnt find any answers.

I am on H1B and marrying a US citizen in India. I want to know if anybody has gone through this before. What is required for us to make this wedding legal in India and US? I contacted the embassy but they said they dont know anything. They said contact legal office.

Should I come back on H1B status in US and then do a court marriage in US and file for GC or file for GC in India? Please help.

I hope somebody can help. I already sent email to all embassies and local state office and nobody knows anything.

Thanks.
Click to expand...


I dont think you did a lot of searching as this is the most common scenario out here on this board. You will find a lot of information regarding this if you search a little bit more. I went through the same boat and I have sent you a PM with more details.

In short, this is what i would do if i were you.

1. Get married in India. The marriage certificate from india is recognized and valid for immigration purposes (as long as that certificate is recognized and valid in india)
2. Come back to US on H1-B (as long as you have a valid H1-B. If you dont have a valid H1-B, stay back in india and process GC)
3. Apply for GC after you come to US
4. You DONT have to re-marry or register your marriage again in the US for immigration purposes unless you want a photo album with pictures of a pretty Las Vegas wedding. I repeat again...as long as your marriage certificate is recognized and valid in india, it will be recognized and valid in the US.

This worked for me and for a lot of people i know. It is your call.
 
tapskap said:
Dont do any legal marriage in India.Just perform your ceremony in India and come back.Do a registered marriage in US and throw a party.
Click to expand...

Why not?
 
newbie2005 said:
Our US marriage will be after our Indian marriage. Indian marriage will be in dec 06 and US wil be in early 07.

If we dont do legal marriage in India, for tax purpose we'll not be legally married in US till 2007. Is this correct?

Does this also mean, cant apply for name change till we are marry in US?

Thanks for your response.
Click to expand...

This is my opinion. Go ahead with the indian marriage, skip the US marriage (as i dont see any added value from the immigration point of view), apply for name change when it is a good time. By good time, i mean to say, do it before you start your immigration process or after you are done with it. Changing name during the immigration process will add to more confusion and delays.
 
Carrying wedding card, photos etc. and bribing someone ---- Don’t you think that could be hassle to many.

In NY, you only need an ID and two witness.

GCInThisLife said:
Registering marriage in India is not at all a hassle. If you inform the registration office and fix a date (usually day or two after the marriage) and show up with witnesses, it would be quick. The whole thing can be done in a hr. Also, do not forget to carry wedding card, passport and/or other identifications etc. The registration office should tell you what you need.

Some times, you need bribe the clerk at the registration office so that he wouldn't ask too many questions and gives the certificate soon (same or next day).

It is not an absolute requirement, but to make it even simple, get some of the marriage photos developed early (just a few) and present to registration officer.

We showed up with some of wedding costumes the early next morning, so no questions..:)
Click to expand...
 
ari4u said:
I dont think you did a lot of searching as this is the most common scenario out here on this board. You will find a lot of information regarding this if you search a little bit more.
Click to expand...

thanks for helpful response.
Trust me I did do lot of search. Most scenario I read here were for GC or USC marrying in India to an Indian who doesnt have any kind of US visa. In my case, I do have valid H1B so I dont have problem coming back, i am just worried about making it valid in US and India and be able to have a court wedding in India. I read that USC marrying in India needs a certificate saying that they never married.

Also, we'll have US wedding as well only because of the other half wants to have pretty picture.

So I guess, I should not register US wedding, correct?

and apply for GC from US after name change etc. is done.

Anything else that I missed?
 
ari4u said:
Why not?
Click to expand...
Hi ari...

Nice to see u after a looong time....well i started around the time u finished....but...I was infected by the deadly virus called 'NAME CHECK PENDING'....I am in touch with my IO via emails and just last week he requested the name check again with the FBI....Thinking about filing WOM....wat r ur thoughts?
 
newbie2005 said:
thanks for helpful response.
Trust me I did do lot of search. Most scenario I read here were for GC or USC marrying in India to an Indian who doesnt have any kind of US visa. In my case, I do have valid H1B so I dont have problem coming back, i am just worried about making it valid in US and India and be able to have a court wedding in India. I read that USC marrying in India needs a certificate saying that they never married.

Also, we'll have US wedding as well only because of the other half wants to have pretty picture.

So I guess, I should not register US wedding, correct?

and apply for GC from US after name change etc. is done.

Anything else that I missed?
Click to expand...

I just replied to your PM.
I dont know much about court procedures when it comes to having a court marriage and I have not heard about any certificate being asked. Maybe your parents and hers can give affidavits that you guys were never married before? Others here can comment on this.

Pretty pictures could also come from a big party you throw here in the US after you get married and come back ;) Like i said, it is your call. From an immigration point of view, you dont need to get 'married' here again in the US as long as your certificate from india is valid and recognized.
 
tapskap said:
Hi ari...

Nice to see u after a looong time....well i started around the time u finished....but...I was infected by the deadly virus called 'NAME CHECK PENDING'....I am in touch with my IO via emails and just last week he requested the name check again with the FBI....Thinking about filing WOM....wat r ur thoughts?
Click to expand...

Hey taps, how are you? Have you exhasted all your options? did you try the congressman route? If you have been waiting a long time after you tried all the possible options, WOM is a good idea. From your timeline, it looks like you have been waiting for ~6 months. Keep checking on your congressman and speak to a lawyer who can help you understand the WOM from a legal point of view.
 
I did a lot of research and contacting a Congressman has never helped anyone.I see that this year there has been a lot of cases of Pending Name Checks because USCIS is conducting interviews too soon.Thats wat my IO told me.....It frustrating....I will wait for another month and then maybe in January I will file for WOM.
Thanks....nice to see u again...
 
excuse me for my ignorance but what is WOM? I believe I have to go through all this soon or later.

tapsak, did you had name check problem with you applied for your H1?
 
newbie2005 said:
excuse me for my ignorance but what is WOM? I believe I have to go through all this soon or later.

tapsak, did you had name check problem with you applied for your H1?
Click to expand...

WOM = Writ of Mandamus
http://en.wikipedia.org/wiki/Mandamus

If your application is approved on time and you dont have to wait for unknown reasons, you can skip the WOM part.
 
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