Applying for PIO after Marriage to Indian Citizen.

#1 Sep 30th, 2009, 15:00
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  • vajrakrishna is offline
#1
Hi guys,

I have a query. I am an Australian Citizen who married an Indian Citizen in June this year. I then enquired of the procedure to stay in India, and was told I need to apply for a Multiple X Visa, and after 1 year of marriage, I can then apply for a PIO.

Accordingly, I took the advised process. The first part being a 3 month extension period where they verify the legitimacy of the application, after which the Multiple X is provided.

On my second trip to New Delhi Ministry, where the Multiple X grant letter was given to me to take back to the FRO in Bangalore (where I reside), the officer who looked after my case told me I can apply for PIO right now.

Which puzzled me a lot. I wouldn't want to waste time getting a Multiple X before a PIO if that's not even necessary.

So, I need to confirm. Is it possible to get a PIO after marriage to an Indian Citizen, or was the initial information correct that after marriage you need to wait one year?

The officer seemed to be well informed when he told me I can immediately apply for PIO, so I am a little confused, and hope you can help me figure things out.

Cheers,
Vajra.
#2 Sep 30th, 2009, 16:17
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  • Nick-H is offline
#2
People are told they have to wait. It is not a matter of codified rules, it is a matter of policy, and the waiting period changes according to where you are applying.

If they will accept your application without waiting, that sounds good --- but, if they then refuse it, that sound expensive!
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#3 Nov 19th, 2009, 16:16
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  • swanny is offline
#3

Thumbs up vajrakrishna - Outcome?

Hi vajrakrishna,

I'm in the same position as you.

Just got my X visa (1 year extension.

Now looking at what I need to do re: the PIO process, and when I can start it.

What did you find out?
#4 Nov 19th, 2009, 17:27
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  • joseph10 is offline
#4
What Nick says is true.

I'm european and also married to an Indian lady for almost 5 years now.
Everywhere you will hear about the (unwritten) 1 year marriage rule or even 2 or 5 (depends on the officer, mood etc.)

Start of this month i finally got my PIO, 17 months after my second application.

You can read several threads about PIO, and experience learns the processing time is long. People with 3 months visa extensions etc. often find themselves into trouble.

Be careful for friendly officers offering help telling it is easy. It is not.
Probably they try to get some money out of you and after that they really don't care. (or you must be lucky)

I suggest you obtain the X visa, wait till you're married for one year and then apply for the PIO.
#5 Nov 19th, 2009, 17:42
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  • vajrakrishna is offline
#5
Hi Swanny,

Well, I went on to find out that the waiting period for a PIO varies according to the country you are from and their specific restrictions.

Australia (where I am from), has immigration laws that require a one year wait, which is why I was told to wait for one year after marriage.

Having said all that I would be interested to look further into what people have written about obtaining PIO in other threads here.
#6 Nov 19th, 2009, 18:03
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#6
You could read "PIO refusal" in the "you are not alone" forum. My story about PIO and experiences from others.
#7 Jan 17th, 2010, 08:08
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  • mistylovesnikras is offline
#7

PIO card, Marriage, and visas..

Hello,

I'm having a lot of confusion. My (will be) Husband seems to believe that so long as I (A u.s born citizen currently residing in the U.S) marry him in his country (He is India born citizen) that we can live together happily ever after in his country.

I know it's not quite that simple but I've read conflicting literature on what is too happen should we marry in India. He already has a home that is paid off there, as well as vehicle, and an established life. We've had a legitimate relationship and I believe plenty of evidence to back that up.

Now, I know we could be married under the special marriage act, and we would need to notify the registrar 30 days prior with our intent to marry. Okay, so let's say hypothetically the registrar gives us the okay, we marry 30 days later. Okay, now what? Do I need to go back to my country and apply for another type of visa? Will I be allowed to stay with him in India? I know you need to be married a year to apply for a pio card so that you may work and reside in India..so again that makes me think I cannot stay?

Anyhow, I'm a little befuddled..thanks in advance
#8 Jan 17th, 2010, 09:26
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  • Aishah is offline
#8
As you can see misty, we have moved your post to this existing thread, where already there are some answers for you.

You do need a Visa and eventually a PIO card to stay legally in India. The PIO card is valid for 15 years, and gives you a Visa free entry to India for that length of time. You would need to renew it, after it expires. For the marriage in India, you would come in on a tourist visa, then change after marriage to the X category entry visa - I think this can be done in India, but it is usually quicker to do back in your own country. You should check how many years of marriage is required before you can get the PIO card, either here in India, or in US.

Here is Joseph's thread - it is well worth reading:

http://www.indiamike.com/india/you-a...usal-t52895/5/
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#9 Jan 17th, 2010, 14:36
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  • mistylovesnikras is offline
#9
Quote:
Originally Posted by Aishah View Post As you can see misty, we have moved your post to this existing thread, where already there are some answers for you.

You do need a Visa and eventually a PIO card to stay legally in India. The PIO card is valid for 15 years, and gives you a Visa free entry to India for that length of time. You would need to renew it, after it expires. For the marriage in India, you would come in on a tourist visa, then change after marriage to the X category entry visa - I think this can be done in India, but it is usually quicker to do back in your own country. You should check how many years of marriage is required before you can get the PIO card, either here in India, or in US.

Here is Joseph's thread - it is well worth reading:

http://www.indiamike.com/india/you-a...usal-t52895/5/
Okay thanks, yes this did help clear up my confusion.
#10 Jan 17th, 2010, 14:44
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  • Nick-H is offline
#10
Quote:
My (will be) Husband seems to believe that so long as I (A u.s born citizen currently residing in the U.S) marry him in his country (He is India born citizen) that we can live together happily ever after in his country.
Just one point... It doesn't make any difference what country you get married in.
#11 Jan 17th, 2010, 14:53
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  • Haylo is offline
#11
To apply for a PIO in India, you need to already have an entry visa. The advice we have always given is for you to enter India on a tourist visa, get married, apply for the tourist visa to be converted to an entry visa while still in India, wait a year or two, apply for PIO.

Unfortunately right now they have temporarily suspended the conversion of tourist to entry visas, so unless this is resolved soon, you may need to go back to your home country to apply for your PIO.

See AwayFromHome's posts on this thread: http://www.indiamike.com/india/india...-stuck-t98823/
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#12 Jan 17th, 2010, 14:58
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  • mistylovesnikras is offline
#12
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Originally Posted by Haylo View Post To apply for a PIO in India, you need to already have an entry visa. The advice we have always given is for you to enter India on a tourist visa, get married, apply for the tourist visa to be converted to an entry visa while still in India, wait a year or two, apply for PIO.

Unfortunately right now they have temporarily suspended the conversion of tourist to entry visas, so unless this is resolved soon, you may need to go back to your home country to apply for your PIO.

See AwayFromHome's posts on this thread: http://www.indiamike.com/india/india...-stuck-t98823/
Oh lawdy. Okay thanks for the insight. So it is inevitable we must be split up (as in me go back to US to apply for an X-visa) after we marry? Sigh.
#13 Jan 17th, 2010, 16:13
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  • Haylo is offline
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Originally Posted by mistylovesnikras View Post So it is inevitable we must be split up (as in me go back to US to apply for an X-visa) after we marry?
Not inevitable, conversions are described as "suspended" so it may only be a temporary situation, but you must be prepared for that to be necessary.

If you want to remain together, he could apply for a visa to travel to your country so you could marry there. I'm sure you could also have a religious ceremony back in India for his family and friends.

Can't help wondering... As he does not seem to have a grasp of visa law, is he also under the mistaken impression that once he is married to you, he will have the automatic right to enter the USA?
#14 Jan 17th, 2010, 23:29
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  • mistylovesnikras is offline
#14
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Originally Posted by Haylo View Post Not inevitable, conversions are described as "suspended" so it may only be a temporary situation, but you must be prepared for that to be necessary.

If you want to remain together, he could apply for a visa to travel to your country so you could marry there. I'm sure you could also have a religious ceremony back in India for his family and friends.

Can't help wondering... As he does not seem to have a grasp of visa law, is he also under the mistaken impression that once he is married to you, he will have the automatic right to enter the USA?
Well, no he is not. He was thinking he could enter USA on a tourist visa, we could then get married here ( U.S) and then that would mean he would get to stay. Early on before we got serious I told him if we were ever to get married I didn't think I could handle living outside of the U.S. Well, now my feeling on that has changed. He would need to fly out of the U.S often for his custody arrangement to see his child, and he already has a home paid for there, a vehicle, his income etc. My mind has changed and I think we're just asking for a headache to go with U.S. (Oh what love can do ) we would need to establish ourselves over again, and need an extra 24K+ a year just to afford his custody visits. That's a lot of financial strain and pressure to put on ourselves during the first year of marriage which will already have plenty of it's own difficulties.

Anyhow, he is now aware that to enter U.S on a tourist visa and marry is regarded as visa fraud by my country (I am assuming this means if we were to marry here and then try bring him here for residency). Also, he is aware of all the paperwork involved, requirements, etc. and is now informed of the process. I also let him know it wasn't as cut and dry as I go there, we marry and I just become regarded as an indian citizen. I let him know that and he at least has a heads up it won't be quite what he formerly thought.
#15 Jan 17th, 2010, 23:46
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  • curtdfw is offline
#15
Quote:
Originally Posted by mistylovesnikras View Post Anyhow, he is now aware that to enter U.S on a tourist visa and marry is regarded as visa fraud by my country...
Are you sure about that? Certainly apparent 'marriages of convenience' would be considered fraud, but I'd be surprised if fraud would be concluded simply on the type of visa. That said, it may well be...

Quote:
Originally Posted by mistylovesnikras View Post I also let him know it wasn't as cut and dry as I go there, we marry and I just become regarded as an indian citizen. I let him know that and he at least has a heads up it won't be quite what he formerly thought.
Getting married and settled in India isn't really too difficult procedurally (setting aside the personal and cultural adjustments, which can be considerable). I married an Indian citizen in 2007, got my PIO card a year later and, though we're in the US for now, shifting to India would be easy enough. PIO isn't citizenship, but the privileges are pretty comprehensive.

The US makes settling there rather difficult, but it's still doable. Getting my wife's Green Card took under six months, though my being in India on an Employment visa permitted my to start the process through the Embassy, which sped things up.
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