American citizen marrying an Indian

#1 Sep 6th, 2016, 00:33
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  • Affyn is offline
#1
Hi guys,

My American girlfriend who lives in USA wants to visit India for two reasons:

1. To marry me
2. To go under her dental surgery

I have been searching on Internet a lot but the information available is overwhelming me but IndiaMike seems to be a relief. So far, what I have understood is: "She can visit India on a tourist Visa that will cover her both purposes: marriage and surgery."

Immediately, after the marriage is registered I will have to apply for her OCI. Please correct me if I am wrong.

Now few questions:

1. Before coming to Indian for the first time, can she apply for a tourist Visa to visit India by declaring the purpose as 'Marriage with an Indian man in India'?

2. Is she required to show the proof of return air tickets to apply for a tourist Visa? If she wants to marry me in India then booking a return ticket does not make sense as we probably don't know when she shall or will return to USA.

3. In what all areas should I expect an increase in the cost of living in India if my wife has OCI card? For example, will I have to pay more school and college fees for my children under NRI quota even though my children study in India because my wife will be a holder of OCI?

3. And very important question, how exhaustive is marrying US citizen in India specially the registration process?

Please guide me.

Thank you
#2 Sep 6th, 2016, 00:51
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#2
Quote:
Originally Posted by Affyn View Post Immediately, after the marriage is registered I will have to apply for her OCI. Please correct me if I am wrong.
You are wrong. She cannot apply for OCI until she has been married for 2 years. You can easily learn this stuff by browsing the internet.
#3 Sep 6th, 2016, 02:02
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#3
Hi Affyn, and welcome to IndiaMike

For converting a Tourist Visa to an Entry 'X' Visa after marriage, read the Ministry of Home Affairs document entitled, "Powers delegated to State Governments/ UT Administrations/FRROs/ FROs for various visa related services", in particular Point 8:


...

...





For OCI questions, do yourself a favour and read the MHA's (Ministry of Home Affairs) OCI FAQ document in its entirety:

http://mha1.nic.in/pdfs/oci-faq.pdf



Quote:
Originally Posted by Affyn View Post ...
1. Before coming to Indian for the first time, can she apply for a tourist Visa to visit India by declaring the purpose as 'Marriage with an Indian man in India'?
1. Strictly she can, but it would be better if she just truthfully said that she was coming to visit for tourism purposes and to visit friends. It'll raise fewer questions.



Quote:
2. Is she required to show the proof of return air tickets to apply for a tourist Visa? If she wants to marry me in India then booking a return ticket does not make sense as we probably don't know when she shall or will return to USA.
2. She should apply for a regular Tourist 'T' Visa, which has a validity of six months to 10 years for US Citizens. Make sure that she does not apply for a 30-day e-TV (electronic Tourist Visa). The latter requires a return ticket and is strictly restricted to 30 days, which would not be enough time for you to give adequate notice to the registrar and get married under the Special Marriage Act. A tourist applying for a regular Tourist Visa is not required to have an onward or return ticket.



Quote:
3. In what all areas should I expect an increase in the cost of living in India if my wife has OCI card? For example, will I have to pay more school and college fees for my children under NRI quota even though my children study in India because my wife will be a holder of OCI?
3. If the kids have Indian Citizenship then there is no issue. If they also get OCI cards then they are viewed by the Indian Government at parity with Indian citizens in most fields.

Read Section 28 in the OCI FAQ. 28. What are the benefits to an OCI Cardholder?

Read Section 29 in the OCI FAQ. 29. What are the benefits to which the OCI Cardholder is not entitled to?



Quote:
3. (Sic) And very important question, how exhaustive is marrying US citizen in India specially the registration process?...
4. The marriage registration process is as exhaustive as the registrar chooses it to be, and it all truly depends on whether she/he is diligent and meticulous.

It is quite exhausting marrying anyone, anywhere. It is very exhausting marrying a US Citizen. It is gruellingly exhausting marrying a US Citizen in India.
#4 Sep 6th, 2016, 02:30
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#4
Affyn, welcome to the site

You can find out about most, if not all, flavours of Indian marriage from other threads in this forum. Check them out, and then see what specific bits don't cover your situation, or leave you confused. The information here is pretty full, as it is based on the experience of quite a few people now.

You do not mention what kind of marriage you want/intend to have. There is a choice for each major religion, plus one, the Special Marriage Act, for a non-religious, civil "ceremony."
Quote:
Immediately, after the marriage is registered I will have to apply for her OCI.
You don't have to apply for anything, but you can, if you both want to live in India, apply for conversion of her tourist visa to "Entry" visa. RPG has covered OCI eligibility, ViShWa has provided some chapters and verses.
Quote:
Originally Posted by ViShVa View Post The marriage registration process is as exhaustive as the registrar chooses it to be, and it all truly depends on whether she/he is diligent and meticulous.
If it is Special Marriage Act marriage, and the registrar is honest, diligent and methodical, there will be few problems, difficulties or even questions. The parties need to follow the procedures, so does the registrar.
Quote:
It is gruellingly exhausting marrying a US Citizen in India.
Well, OK, I haven't married a US Citizen in India, but my wife married a British citizen in India,, and it was a lot easier than we thought it would be.

Affyn, Indians marry Americans every [auspicious] day. It is not unusual. The fact that they look Indian doesn't make a difference.
~
Life gets aadhar every day.
.
#5 Sep 6th, 2016, 03:17
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#5
Marrying a non-US citizen is a doddle









(you don't have to account for Trumpisms)
#6 Sep 6th, 2016, 13:18
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#6
Quote:
It is gruelingly exhausting marrying a US Citizen in India.
Rubbish, as on this site there is outlined a simple procedure that is done all the time, file notice 30 days in advance (much like a waiting or cooling down period for getting a gun), then appear for the registrar's office (highly romantic), obtain certificate. The US doesn't issue single status info so their letter indicating such will serve if asked. Bus sampla...
I highly recommend getting family along for the idea. If you don't have the stuff to face them you won't make it through the struggle of marriage. Maybe you might because you would encounter so much flack from them afterwards from not involving them anyway. The grueling part is married life.
For her visa don't wake sleeping dogs involving marriage, tourism is a reason for travel.

Now, the INS is a true nightmare..
#7 Sep 6th, 2016, 13:33
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#7
The Gold and Platinum Rules of visa application,

1. Never lie.

2. Never offer unnecessary information.

The Indian tourist visa, for citizens of most countries, is a rubber stamp job. Fill form, pay cash, get visa. An officer will check each form. You want your forms to g smoothly from in-tray to out-tray. Do not put anything on it that makes him stop and think about it, or put the form aside for actual consideration.
#8 Sep 8th, 2016, 00:30
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#8
Thank you Vishva, Nick, Edward, and RPG for the replies. I really appreciate the detailed information you guys have provided in my first ever thread. I will go through the links and resources provided by you and that are available on this website.

Forgot to mention though that I will be marrying in religious (Muslim) ceremony, however, on documents her religion is Christianity, not sure if that will be hindrance to our plan of marrying in a religious ceremony.

Thank you
#9 Sep 8th, 2016, 01:01
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#9
Quote:
Originally Posted by Affyn View Post on documents her religion is Christianity
What document is that?
#10 Sep 10th, 2016, 22:37
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#10
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Originally Posted by RPG View Post What document is that?
I was wrong in my assumption. She confirmed that not a single important documents (Passport, birth certificate, licence, college / school certificates, etc) has any type of mention of her religion.
#11 Sep 10th, 2016, 23:34
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#11
Quote:
Originally Posted by Affyn View Post I was wrong in my assumption. She confirmed that not a single important documents (Passport, birth certificate, licence, college / school certificates, etc) has any type of mention of her religion.
In secular democracies, religion is a choice and a private matter. In traditional societies, religion is a matter of birth and ethnic affiliation, so one might expect to see it entered on a passport for the same reason one's name is entered, i.e. to establish identity.

Just as in the US, there is no 'religion' field on my (former) Indian passport, Indian birth certificate, Indian school/college certificate, etc. But I am sure some neighboring countries do it.
#12 Sep 16th, 2016, 09:46
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Thanks RPG. So I understand we can get married in a religious ceremony without having to bring any kind of document for her.

One more thing is that she is a divorcee and she has legal divorce document. However, she is still using her husband'd last name because she did not go through the process to change it which she was suppose to. She has applied for the passport with her husband's last name. Will this create any kind of problem?
#13 Sep 16th, 2016, 14:33
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#13
Affyn, you need to ask these questions at the mosque!

The closest that I have been to the ins and outs of a Muslim wedding is... eating the biryani . I don't know anything about Muslim personal law, or government law affecting Muslim marriages. As far as I am aware, though, the Indian government does not care what your fiance calls herself, or how often she has been married. Or who you marry!

In fact, when marrying under Special Marriage Act (the non-religious one), divorce papers should be ok for establishing that a person is eligible to marry. Easier than never-married.
#14 Sep 17th, 2016, 22:25
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#14
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Originally Posted by Nick-H View Post Affyn, you need to ask these questions at the mosque!

The closest that I have been to the ins and outs of a Muslim wedding is... eating the biryani . I don't know anything about Muslim personal law, or government law affecting Muslim marriages. As far as I am aware, though, the Indian government does not care what your fiance calls herself, or how often she has been married. Or who you marry!

In fact, when marrying under Special Marriage Act (the non-religious one), divorce papers should be ok for establishing that a person is eligible to marry. Easier than never-married.
Thank you Nick for the reply.
#15 Sep 17th, 2016, 23:29
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#15
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Originally Posted by Affyn View Post Thank you Nick for the reply.
I am sorry it could not be more helpful.

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