Visa extension while waiting for marriage proof document

#1 Feb 23rd, 2009, 21:22
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  • Quetzal is offline
#1
I am German currently in the process of marrying an Indian national. I am running out of time with my tourist visa.
I have the following questions:
1)When I have registered a marriage (is this the same as applying? I mean before teh 30 days waiting period) will the ministry of home affairs grant me the 1 month visa extension?
2) As far as I understood the local court also has to wait for a confirmation of the German Embassy in Delhi before the marriage certificate can be signed. Is this right and will this need longer than the required 30 day period after registration(application?) and what do I do in the meantime if my 1 Month visa extension is not enough (I might only qualify for 2 weeks extension anyway).
3) As we are still in the process of getting the papers together-
is it enough to have one address proof (because I am in India for 5 Month now) as we only have the hotel address and the hotel might be scared to give an address proof for both of us.
#2 Feb 23rd, 2009, 23:12
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Quote:
Originally Posted by Quetzal View Post 1)When I have registered a marriage (is this the same as applying? I mean before teh 30 days waiting period) will the ministry of home affairs grant me the 1 month visa extension?.
Others on here have reported that only a two week extension is possible to a tourist visa, and even then under exceptional circumstances such as being hospitalised. I'd say it was unlikely that you deciding to get married counts as an exceptional circumstance.

It's worth trying though, as long as you apply in time to get out of the country if they refuse the application, I guess the worst that can happen is that they say no!
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#3 Feb 23rd, 2009, 23:52
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Anyone could give 30 days notice of marriage: I doubt that you will get a visa extension on that basis --- just sounds too easy.

I have no idea what conditions Germany may place on recognising your Indian marriage, but India won't be interested in asking Germany, I wouldn't have thought.

You might be asked to produce a certificate that you are eligible to marry. If you are divorced, the divorce papers will do. Your country may or may not provide something of this sort; you may find an affidavit will do.

For a Special Marriage Act marriage, one of you needs to have resided in the register Office's area for 30 days before starting all this; I doubt that a hotel address will do. I don't know what to do if neither of you have been resident in India.

What marriage act (Hindu, Muslim, Special... there's a selection, and they have different requirements, and grant different rights too) are you planning to marry under?
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#4 Feb 24th, 2009, 06:42
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Quote:
Originally Posted by Quetzal View Post I am German currently in the process of marrying an Indian national. I am running out of time with my tourist visa.
I have the following questions:


3) As we are still in the process of getting the papers together-
is it enough to have one address proof (because I am in India for 5 Month now) as we only have the hotel address and the hotel might be scared to give an address proof for both of us.
The indian national must have a permanent address where the initial passport was issued ? barring that, there must be some domicile address in India where the indian national has relatives whose address could be give ?
I still dont understand.....
#5 Feb 25th, 2009, 11:49
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sorry guys I got answers quicker than I could reply myself. Thank you anyway.
Yes, nyacank address proof is also a problem because my husband in spe has a family addresss and is kind of registered in the house (lawyer said tey use food supply cards to proove who is actually living in the house) but problems with the family and therefore does not want to use this address.
We yesterday asked a lawyer who has the approach just to use the address and get the police to check if it is true.
Problem is also if you do not have good papers lawyers seem to ask for more money ( seems as if this is to bribe people ).
Yes I will try first to get a visa extension at the local Foreigner Registration Office and see their reaction.
I think to get all the papers for the marriage application together takes to much time that you would choose it as a reaonable way for visa extension.
I do not understand exactly what the German embassy has to do. Maybe check if you are already married. But both the local court and lawyers are talking about the embassy the lawyer saying that it would need an additional month to get the reply. Strange enough I have also seen that these affidavits are used as proof that you are not married already. Tey really would not be necessary if proof is given by the embassy and this is the only proof acknowledged. I am trying to call the embassy to find out. Seems to be the family section not so easy to get someone on the phone.
The problem I was not expecting that lawyers are asking for a lot of money. Yesterday we saw one asing for 7000 rupees. Another one asked for 3000 because he is already working for the sister of my boyfriend. They are telling that all the offices want money.(Is this true as the court only gets 300 rupees?) This is India.
#6 Feb 25th, 2009, 11:59
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#6
Quote:
Originally Posted by Quetzal View Post Yes I will try first to get a visa extension at the local Foreigner Registration Office and see their reaction.
Do let us know how you get on with trying to extend your tourist visa.
#7 Feb 25th, 2009, 15:45
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I am amazed at the amount that people are paying.

My wife and I got married for a few hundred rupees. In fact, one clerk took Rs100 bribe twice. The actual cost of the registration is in tens of rupees; the certificate copies are just a few rupees each.

Whilst many Indian marriages remain unregistered, I think that there is now a legal requirement to register. How do you think the 'ordinary' Indian couple would be able to do it if it cost thousands?

The other thing that confuses me is the use of the word court. Marriages here (in Tamil Nadu) are registered by registrars, the same guys that handle land transactions, etc etc etc. I would have thought that this would be the same nationally, not any different from state to state. Can someone confirm this please?

(Is this true as the court only gets 300 rupees?) --- Ah, right --- yes, that sounds more realistic. Registrars can be honest or they can be corrupt. Many are corrupt, and they make a vast amount of money out of bribes. We were lucky in that our registrar was 100% straight, and would not even accept a box of sweets.

However, even if the registrar insists on being bribed --- why not cut out the middle man? How much is the lawyer charging for his services? What cosy relationship exists between him and his contacts? How much is he increasing the cost?

My advice, and it will cost nothing but a little time, is to go and see the local registrar and talk to them direct. You may be pleasantly surprised!

Register offices can be incredibly busy places: enquire of a priest, or one of the more orthodox Hindus among your friends, to know an inauspicious day/time for the registration of property. You'll find the register office relatively dead at that time, and the staff will be able to have more time for you!

Please avoid the unnecessary transfer of your money to a lawyer's pocket!

Believe me; the lawyer is doing practically nothing for his money: you could probably get just as good help from one of the many document writers that sit in small shops, with their typewriters, around every register office.
#8 Feb 25th, 2009, 16:37
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Only in India could someone say "don't bother with a lawyer" and "visit on an inauspicious day for property transfer" and it be genuine advice!
#9 Feb 25th, 2009, 19:33
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Here in Varanasi there is a Special Marriage Office which is part of a huge court complex. The office rooms are all laid out as court rooms but the people working there could still be magistrats this I can not confirm.
I chare your feeling that the lawyers charge to much but they say they need the money to pay it to many diffrent offices while they themselve only get 1000 rupee or less.
So we really have to try it without lawyer again.
I called the German embassy today and they said it would not be their job to give proof that I am unmarried or to object to marriages or whatsoever. Can somebody explain what the role of the German Embassy is in the opinion of the local marriage office? Does the Special Marriage Office simply hand in the papers art the German Embassy not expecting anything in return so that embassy could make an objection during the 30 days period?
If I need a German certificate as proof that I am not married I have to get it from my Local Marriage Office in Germany.
#10 Feb 25th, 2009, 22:04
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The Indian authorities have nothing at all to do with the German authorities, they have no role in your Indian marriage. There may be some legal ritual you have to go through to get your Indian marriage recognised by Germany; some countries require this, others do not. UK does not; see Mirjamd's posts for her experiences as a citizen of Netherlands --- and, apparently, Netherlands gave up the whole rigmarole just after she had been through it.

All they do with the notice of intended marriage is to stick it on their noticeboard. Anyone who does object would have to see it there!

Quote:
If I need a German certificate as proof that I am not married I have to get it from my Local Marriage Office in Germany.
You may indeed require such a thing; it is a requirement. An affidavit might do. I made a Statuary Declaration, which is one step more serious, in UK, than an affidavit, and has an impressive red seal on the bottom --- but the registrar here was happy just to take my word for being single, and did not want to see it.
#11 Feb 26th, 2009, 16:12
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Thank you all so much for your advice so far. I just have to go through it and make the experience. I will report how it went.
#12 Feb 26th, 2009, 16:29
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Very best wishes... and congratulations in advance

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