At IMB Immigration Law, we provide immigration services for Green Card petitions and consular visa processing. Marriage to a U.S. citizen or lawful permanent resident of the US allows the foreign spouse to apply for Green Card directly. If you marry a U.S. citizen, you become your spouse’s “immediate relative,” and it makes you eligible to immigrate to US permanently to live with your spouse.
Marriage In India
In most cases where the spouse is in India, the marriage has taken place in India according to the local customs. The US citizen or LPR spouse travelled to India to get married to the Indian national spouse. The petition process is initiated by filing Form I-130 with USCIS. Once I-130 petition is approved, the Indian national must complete the visa paperwork and complete the visa processing at the US consulate in Mumbai. Mumbai consulate handles all the family based petitions now and all interviews are scheduled at Mumbai. The approximate time taken is around 12 months for the visa process to complete.
The immigrant interview is very important part of the process. The applicant spouse must take all original paperwork to the interview and is thoroughly interviewed about the marriage, circumstances of marriage and documentation.
Proof Of Marriage In India
In majority of cases, marriages in India are considered a religious bond and the officers always look for evidence to ensure if the customs are followed. Marriages can be performed in Hindu ceremonies, Sikh ceremonies, Muslim rituals, Parsi ceremonies, etc. Marriages can also be performed under the Special Marriage Act. It was enacted for any Indian couple, irrespective of religion. Interfaith couples, as well as anyone who wants to opt out of their personal law can marry under this civil and secular law.
Solemnizing the marriage through customary rites that apply to the bride and groom’s community is central to the Hindu Marriage Act. Mock or improvised ceremonies do not make for a valid marriage.
Muslim marriages are government by Shariat Application Act 1937, case law and customs. The Muslim marriage is a civil contract, which requires a proposal and acceptance. Consent must be free without coercion and Mahr is paid by the groom.
Indian Christian Marriage Act governs the Christian marriages. Parsi Marriage and divorce act regulates the Parsi marriages.
All marriages in India must be registered with the Registrar of Marriages. Religious marriages must be registered to be considered valid for Immigration purposes. Visa officer will carefully review all evidence of religious marriage and the marriage registration.
A US citizen who wishes to get married in India may be required to obtain a certificate from the US Embassy certifying marital status in US or any previous divorces etc. We receive client enquiries of marriage case denials, where the marriages have been performed hastily to facilitate the visa paperwork. Sometimes, people intend to get married in a bigger ceremony in a few months but improvise a religious ceremony, take pictures with priest and show as if the marriage happened and go ahead with the registration of marriage based on the bare minimum needed, to initiate the immigration paperwork. The actual functions and social gatherings are planned for close to the visa issuance date. Such cases are often caught and denied.
Consulate looks at the religious and social ceremonies besides the registration certificate. Religious ceremonies conducted in a minimalistic way also draw scrutiny.
Country Specific Documents
Applicants are also required to have all such documents that are specific to the region they are living in or come from. For example, a married applicant from India must present a marriage certificate issued by the religious priest as well as issued by registrar of marriages. Evidence about some customary rituals, ceremonies, bridal expenses and social gatherings etc. looked at carefully. Consulates are vary of applicants coming from high fraud risk regions and generally ask for further evidence and proof of genuine marriage.
Contact IMB Immigration Law
If you are interested in Marriage Green card to USA, contact IMB Immigration Law for a free evaluation at [email protected]. The firm is headed by Ravneet Kaur Brar – one of the best immigration lawyers in India. She has years of valuable industry experience helping people immigrated to US, UK and Canada through a variety of programs. Take advantage of her knowledge, to fulfill your immigration dream to Canada and USA. Visit www.imbimmigrationlaw.com today!
