Marrying F1 should I register marriage in India

M

mommithi

New Member
Hello all,
I am a green card holder marrying a F1 visa holder.She will be on F1 for atleast 1-2 years more. We are getting married in India but lately found out the if we register our marriage(which is almost mandatory) then a copy of the marriage certificate will go to the Indian embassy.This will be sent directly by the registration office.
Now since we are on different immigration status and we are advised that we should not disclose our marriage here in US and live on individual's visa/PR status till i become citizen.Disclosing may effect her.Our dilemma is that if the certificate goes to the embassy from their is there any chance for the American immigration system to know that she married a GC?
Please let me know we are really worried
Thanks
 
Don't get married in India. Get married in the US, and she should not leave the US until she gets Advance Parole* or a green card. You don't know what information the Indian authorities share with the US ... since the implementation of SEVIS, there is a lot of information flowing around about F-1 students.

Even if the US doesn't get that information, you still face another dilemma: When you enter the US, if you travel together they could ask if you got married. If you travel apart they could still ask either one of you if you got married. If you or she says No and they make a note of it in the computer, they'll catch the lie later when you apply for her green card.

There might be less than 10% chance that they'll have the information or ask questions that catch you; but look at the consequences if she gets refused entry ... her US studies would be terminated and she can't live with you in the US. Is it worth the risk?


*she should not leave at all, not even with Advance Parole, if she ends up being out of status for 180 days before filing the I-485.
 
Then I would suggest you pick one of these 2 options:-

(1) Delay the marriage until you become a citizen
(2) If you cannot wait, marry in the US and she should not travel internationally until you become a citizen and she applies for AOS/AP.

mommithi said:
yes she is in US with a F 1 visa
Click to expand...
 
mommithi said:
Hello all,
I am a green card holder marrying a F1 visa holder.She will be on F1 for atleast 1-2 years more. We are getting married in India but lately found out the if we register our marriage(which is almost mandatory) then a copy of the marriage certificate will go to the Indian embassy.This will be sent directly by the registration office.
Now since we are on different immigration status and we are advised that we should not disclose our marriage here in US and live on individual's visa/PR status till i become citizen.Disclosing may effect her.Our dilemma is that if the certificate goes to the embassy from their is there any chance for the American immigration system to know that she married a GC?
Please let me know we are really worried
Thanks
Click to expand...
Marriage registration is NOT mandatory according to the marriage act ... check the appropriate marriage act in India i.e., hindu marriage act, muslim marriage act etc. (you can google it)

where did you hear that the marriage registartion in india results in that office sending the copy to indian embassy here? I am sure they will not do that ... but check with the registrar office to confirm. It may be other way around ... if you need a copy of your marriage certificate you can request it though the indian embassy
 
ksam said:
Marriage registration is NOT mandatory according to the marriage act ... check the appropriate marriage act in India i.e., hindu marriage act, muslim marriage act etc. (you can google it)

where did you hear that the marriage registartion in india results in that office sending the copy to indian embassy here? I am sure they will not do that ... but check with the registrar office to confirm. It may be other way around ... if you need a copy of your marriage certificate you can request it though the indian embassy
Click to expand...

This is correct - the registration is not mandatory, although many marriages in India do get registered these days just to keep the legal channels cleaner, as the religious certificates from the priest etc. do not stand up in legal circles (even though a religious ceremony is legally recognized marriage). Only a court document from India can be used here in the US to provide proof of marriage.

So yes, it creats a dilemma for the OP. Best is to get married in the US either after your citizenship or if prior to it, then with the added care not to have your spouse leave to country while the AOS is in process.

How long do you have before you can apply for your citizenship (or are you already in the pipeline for the citizenship?

AP
 
thanks a lot.The registrar informed us that he will send it to Indian embassy after the work is done.Hearing that we were in a dilemma.Just for the sake of legality we thought of registration but it seems we are better off without it. I have to wait for 3 more years for USC.
 
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