Legal Question in Family Law in India

I am an Indian national and I have married a US green card holder on 5th of july, 2013 according to Hindu rituals as we both are Hindu. Now for Visa we need to register our marriage. My question is can we go for Hindu marriage act or special marriage act. Is there any benefit like lower processing time of visa for special marriage act? and also I heard that if we register our marriage under hindu marriage act then it will take longer to get visa. is that true? What can we do so that i can get my visa quickly.

Asked on 7/11/13, 11:08 pm

3 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

There is no link between visa and registration / mode of marriage. Since your marriage has already taken place as per Hindu rites & ceremonies, you may register your marriage before the Marriage Officer under Hindu law.

The visa officers do not want any applicant to make a wrong statement or to indulge in any falsehood. If you go for registration of your marriage under Special Marriage Act, that may be false being contrary to the factual situation.

For more information about your immigration, you are advised to speak with an Immigration Attorney in USA. You may visit the website of Ms Lisa Brenman and seek her opinion giving her my reference. SUDERSHAN GOEL

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Answered on 7/12/13, 12:39 am

Lovkesh Gupta Advocate And Lawyer In Jalandhar.

registration under Hindu law is less time consuming

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Answered on 7/12/13, 6:24 am
Vishwa Arya Arya & Co.

First, as mentioned by Mr. Goel, there is no link between Visa and type of marriage registration. You have no choice but to get your marriage registered under Hindu Marriage Act. The process is very simple and not at all cumbersome. it takes a day after you complete the paperwork - like birth certificate of both H W, proof of residence of HW, Marriage invitation card if any, marriage photographs, Passport size photographs of both HW, Affidavit of marital status of HW. Once you submit these certificates you both have to appear before the marriage officer and you get the marriage registration certificate.

Since your husband is a green card holder, he first has to file a Petition for immigration on your behalf along with all the documents, proof of marriage including registration, birth certificate, Once your petition is approved, you will hear from US Embassy in India and you will be in que thereafter. While you are in que you will be asked to complete further documents like Passport, Police Clearance, Photographs etc and you may be called during interregnum for finger prints. the procedure will take its sweet time.

Meanwhile you may try non immigrant tourist visa if so desire.

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Answered on 7/12/13, 6:40 pm

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