Registering under Special marriage act - no need for residency?

#1 Oct 15th, 2011, 13:29
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  • gayatri990 is offline
#1
It appears that the marriage can be registered in the jurisdiction where the wedding/temple function took place. Is this how they go around the prior residency requirement?
#2 Oct 15th, 2011, 17:00
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  • curtdfw is offline
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I think the prior residency requirement is associated only with the Special Marriage Act, not with religious marriages.
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#3 Oct 15th, 2011, 18:39
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Marriage in a Temple/Mosque and Marriage under SMA are two totally different things altogether. Both are exclusive and valid on their own. Marriage under SMA has the residency requirement of atleast one of the partners/their family. There is no going around the requirement with a temple wedding.

I was married under the Hindu marriage act in one place and got it registered at a Registrar in another place where i am normally resident (under the same act, not SMA).
#4 Nov 2nd, 2011, 18:37
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  • DBBlogger is offline
#4

Indian Special Marriage Act, 1954

Quote:
Originally Posted by gayatri990 View Post It appears that the marriage can be registered in the jurisdiction where the wedding/temple function took place. Is this how they go around the prior residency requirement?
As per the Indian Special Marriage Act, 1954, the marriage can be registered anywhere in the country. The couple has to give a 30 day notification to the marriage registrar so that the registrar can put up a notice seeking objections (if any).

In case both the groom or bride reside in a different district, the Marriage registrar has to send a notification to that district's registrar so that the respective registrar can also put up the marriage notification. Objections to the marriage (if any) can now be raised in both district offices.

The Indian Special Marriage Act, 1954 also covers marriages between Indian citizen and foreigners. In the case of marriage to a foreigner, only the Indian groom/bride's residence is of concern.
#5 Dec 4th, 2011, 10:38
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  • ChloeYoung is offline
#5

Question Goa Marriage Law v/s Special Marriage Act

I am an American Citizen with an American Passport.
We got married here in Goa, India under the Goa Marriage Law.
My wife is an Indian citizen with an Indian passport.

Our marriage registration document is recognized by the Indian authorities for most official work we have conducted so far.

A few questions:
1. I suppose, the Special Marriage Act laws would be applicable to us, though we are married under the Goa Marriage Law?

2. Some casual chit-chat with a lawyer has also indicated that the personal laws of the husbnd are binding to the couple Would that mean that my American State law is what would govern us, even though the marriage is not registered in the USA?

3. Do we need to register our marriage in USA as well, for it to be internationally valid?!

4. I am looking at immigrating my wife to the USA on spousal visa - would I need any special notary/apostille to help have our certificate be internationally/USA Embassy recognized?

5. Since I would be taking on international assignments, we would be travelling together to different countries. Our passports would reflect our relationship [through spousal name change & inclusion of spouse name in Indian passport]. Nevertheless I would want to ensure our Marriage certificate is internationally recognized. Any tips on how may I do so?

Thank you!
#6 Dec 4th, 2011, 11:31
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A few questions:
1. I suppose, the Special Marriage Act laws would be applicable to us, though we are married under the Goa Marriage Law?
As they're separate laws, I wouldn't assume that, though they're likely similar.

2. Some casual chit-chat with a lawyer has also indicated that the personal laws of the husbnd are binding to the couple Would that mean that my American State law is what would govern us, even though the marriage is not registered in the USA?
Sounds like nonsense.

3. Do we need to register our marriage in USA as well, for it to be internationally valid?
Your India marriage will be recognized in the US - my Indian wife had no issues getting her Green Card based on our marriage under the Special Marriage Act.

4. I am looking at immigrating my wife to the USA on spousal visa - would I need any special notary/apostille to help have our certificate be internationally/USA Embassy recognized?
Yes, you'll need to get the apostille stamp on your certificate as part of the Green Card application process. Get it at the MEA office in Delhi. Not sure if it can be had elsewhere in India.

5. Since I would be taking on international assignments, we would be travelling together to different countries. Our passports would reflect our relationship [through spousal name change & inclusion of spouse name in Indian passport]. Nevertheless I would want to ensure our Marriage certificate is internationally recognized. Any tips on how may I do so?
I think most countries recognize the marriage laws of other governments. So long as you have the associated documents I can't imagine any trouble.
#7 Dec 4th, 2011, 22:51
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#7
Thank you curtdfw.
Looks like I am pretty much set for my next course of actions.
You have been of great help - here as well with my other question:
http://bit.ly/uGlgc2
#8 Dec 4th, 2011, 23:13
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#8
One other thing - the Green Card process for my wife took ~6 months once she had the paperwork together -- a story in itself -- and that was starting with our filing the I-130 at the US Embassy in Delhi, a faster track available only to expats formally residing (i.e. holding a Residence Permit) in India. Figure a year or so if filing through normal channels from the US.

A good resource for that process is VisaJourney.
#9 Dec 5th, 2011, 01:17
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#9
Thanks for the link curtdfw.

We are hoping to file for I-130 from Delhi as well - while I am in India.
The paperwork seems mountain high! Yep that should keep us busy for a few months to come.
But the Delhi filing seems to make sense.

Would you have any threads/forums I could follow on the topic - documentation & process; I have already signed up at VisaJourney {Looks hugely helpful)

I am using the guidelines offered here to follow the process:
http://travel.state.gov/visa/immigra...ypes_2991.html

- but nothing like learning from another's experience, than making expensive mistakes at this stage.

Since our marriage is merely a few weeks old, I believe I may have to apply for a conditional resident (CR) visa, not an immediate relative (IR) visa. Still studying up & getting wife's documents readied.
We might re-visit our decision of applying for her immigration this early, as I may not be returning to the USA for work but maybe employed elsewhere internationally [maybe even India].
Oh well! Choices & decisions - they seem to be wearing us out.

Appreciate your quick responses & willingness to help!
#10 Dec 5th, 2011, 04:16
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  • edwardseco is offline
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Quote:
Do we need to register our marriage in USA as well, for it to be internationally valid?!
I'll just reiterate what Curt wrote, no, no es necessario. Curt is also dot on with advice to start the INS process. Getting a visa was easy, getting citizenship was a howler indeed. Makes you feel good about Indian bureaucracy..
#11 Dec 17th, 2011, 01:58
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#11
Quote:
Originally Posted by ChloeYoung View Post
Since our marriage is merely a few weeks old, I believe I may have to apply for a conditional resident (CR) visa, not an immediate relative (IR) visa.
Yes, if you're married under two years you'll have to get CR-1, then convert to IR-1. Our conversion to IR-1 was fairly painless, as my wife was good about piling up the evidence, and we made sure to have plenty of joint insurance, bank accounts, credit cards, taxes, leases etc. They seem to like the financial evidence much more than photos of couples on holiday. We didn't have to go for an interview, so I guess our stack of paper passed muster.

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