Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Megha (Manager)     11 July 2012

Marriage certificate query

I am a resident of Mumbai, and my marriage has been fixed with a boy from USA (He is a resident of Satara, currently on work permit in the United States). After much trouble with his employer in US, they have finally approved his leave for one week to come to India for marriage, in the month of September 2012. 

We would like to have a quick registration of the marriage and apply for an H4 visa for me (he is on H1) so a marriage certification is a MUST for the visa approval. Also, he has to get his H1 restamped here in India, so we would like to appear for the interview jointly and get the H! and H4 stamped together. 

Our problem is the shortage of time: within one week we have to get married, get marriage certificate and also get visa stamped and book tickets to return to USA. 

I have read the general procedure for marriage certificate from Registrar, however I have a few questions:

1) If we decide to apply for registered marriage, I can send him the form via courier to USA and get his signature on it. Is it necessary for him to be present physically for submitting the application for registered marriage and giving 30 days notice? (He can come once the 30 days period is over and we can have the registered marriage in front of the officials at court).

2) If we go for Arya Samaj wedding and get the marriage certificate on that basis, how long does it take?

3) Really, we are looking for the quickest option to obtain the certificate. What are my options, please help.

-Megha



Learning

 17 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     11 July 2012

Nowadays Thirupathi Thirumala temples and Endowments department temples  Executive officers  also authorised to issueing marriage certificates. Why Arya samaj ?

Tajobsindia (Senior Partner )     12 July 2012

@ Megha,

 


Sorry to place a disappointment caveat before I speak any further; you both are working on a very tight schedule. 

 


1.
Well to begin with the plan for dates of his marriage + H1 renewal trip to India should be in light of the working days and hours of the US Consulates office timings and possible holidays in Indian and US during Sept. (say Labor Day i.e. 1st Monday in Sept. for example is a holiday) avoiding planning return flight on Sunday or Monday and "wasting" a couple of days for the H 1 / H 4 Visa application to be processed subject to prior appointment date already taken by him before he arrives are issues in hand whose special knowledge only you two may have.

 

2. The Consulate at Mumbai (now-a-days as a matter of facts all US Consulates) requires a Registered Marriage Certificate (since 2006) to be presented before getting an appointment date.

 


3. The Consulate is already having a 50+ days wait for issuing Appointments there is no way both of you can get the Appointment date + marriage done with + registration of marriage by way of registered marriage certificate issued with + submissions to Consulate followed by Appointment got with i.e. all-in-one miracle done in 1 week and also got your H 4 received claims before forum later on !!!!

 


4. Alternate is to ask him to come and stay for nearly a month and work from home on VPN lines, it works flawlessly out here if his employer can give him 3 weeks maximum which is allowed under H 1 status (than 1 week currently allowed!) then 1 month is not a big no-no if sturdy VPN line is shown as lullaby to his employer.  There goes honeymoon trip :-(

 


5. At Marriage Office both parties presence is mandatory along with 3 witnesses and lots of affidavits gets filed and pasting marriage notice takes 30 days. His presence is not required (off the records saying in public forum) for next 30 days once forms along with signature / pics. are affixed by parties at required places.

 


6. The last time I heard about Arya Samaj Marriage Certificate issue is that, it takes minimum 2 working days post marriage for Mumbai local Arya Samaj Mandir to issue the Marriage Certificate. This Arya Samaj Mandir Certificate especially at Mumbai Consulate is not accepted now-a-days (2006). They need Registered Marriage Certificate issued by the Registrars Office in Mumbai or any competent Marriage Registrar office in
India. Otherwise via FC Magistrate an Format is filed that no marriage certificate with parties 9which is tedious process) believe me. We donot even know if you both from South Mumbai or any other part of Mumbai as now Mumbai Marriage Registrar Offices are bifurcated into various distinct Zones and few offices are at opposite locations within Mumbai.

 

7. Change of Consulate is also not allowed for visa interview; suppose he is from Chennai / Pune / Hyderabad and you from Mumbai. Both submit Forms at Mumbai and due to over-hearing some whispers in the wind that Chennai / Pune / Hyderabad Consulate issues H1 / H4 overnight so you fly overnight to Chennai / Pune / Hyderabad for interview then that is allowed by citing and taking prior approval of change of interview location otherwise it is not allowed by any means.

 


8. Remedy available are very limited in both of your case as per my understanding / exposure in such issues; Seek appointment for H1 visa before hand if already not done. He may if luck in his sides gets his H 1 renewed in 1 week working time of the Consulate if prior appointment he has already worked out by now. We donot know that. Blue Dart Marriage Registration Forms and ask him to get them signed and notarized as per requirement locally. Ask him to bring them with him in Sept. Both of you get married in that 1 week time that he has in hand. Take decent album load of pics. of your marriage (it is necessary to show full album now-a-days to Consulate Office). Both along with priest (if Arya Samaj Wedding done) and 3 witnesses go to nearest Marriage Registrar Office and get required form / pics. / affidavits submitted / fees paid and finish with loads of paper work done with at Marriage Registrars Office. He goes back wearing his wedding ring after 1 week. You collect the Registered Marriage Certificate from Registrars Office later on. Fill up the H 4 Visa Form. Annex Marriage Certificate True Copy and other required documents as asked. Also annexe Wedding Invitation card copies to H 4 form. Take help of VFS local office if you do not know much about paper work / scheduling appointment process flow for H 4 visa. Get interview appointment date. Now get H 4 stamped and join him later.

 


All the best.

1 Like

Megha (Manager)     12 July 2012

Thank you for your reply. I would like to clarify a few points here:

1) He is in USA right now, and his H1 has already been approved by USCIS. He only needs to get it stamped when he comes to India.

2) The dates we are considering are the week of September 17.

3) As of right now, I checked the earliest appointment date available on their system. It says all dates after 18th of July are available for scheduling. Thats 6 days from now. I am not sure why the contention of 50 days for a visa appointment? 

4) I am also aware that the Consulate will require a valid marriage certificate to establish my spousal status, and hence my query to the experts on LCI on the quickest way to obtain that. 

I understand that 30 day notice is required and he would need to be present here when submitting the application for 30 days notice. I was wondering if there was a way to work around the need for his physical presence when submitting that application, because he would certainly be present for the actual marriage in front of the officials.

Also, if we get married somewhere else(Temple, Karyalaya, Arya Samaj, etc) and then go for registration, how long does that take?

Thirdly, is there a third route, that perhaps i dont know of, to get a marriage certificate faster than the two options available above.

-Megha

Tajobsindia (Senior Partner )     12 July 2012

1. It is only an indicator. You cannot select the date at this point of time unless DS-160 documents are uploaded with digital picture + digital signature and registration barcode in hand and you have received the Packet - 3. There is time given as 30 days for Marriage Registration Notice + 20 days average for delay in getting the actual Certificate is what I meant earlier.

 

2. His H 1 case is clear he can get it stamped in 1 week slot that he is coming on.

 

3. There is no other way to work around to my knowledge. However opt for Arya Samaj Mandir Wedding + get the Arya Samaj Mandir Wedding Certificate and if in vernacular language officially get it translated and submit the same along with other requirement.  But still 4 clear working days slot is required after submiting all documents to get Appointment date. Thus it is not possible in 1 week slot that is being aimed at is my view.

 

4. There is no third route that I'm legally aware of to get H 4 in 1 week slot.

1 Like

Megha (Manager)     12 July 2012

Thank you, that clarifies a lot.

If opting for an Arya Samaj ritual and obtaining their certificate, is it possible to do the following:

1) Is it possible to apply for H4 visa on the basis of Arya Samaj certificate alone, so that you can pay fees and get interview scheduled

2) In the meantime, you get the official marriage certificate from the Registrar by submitting the Arya Samaj certificate with other required documents. The official certificate would be presented at the time of Visa Interview for verification.

I have read cases of H4 interview rejections where the spouses failed to carry their Marriage Certificate or did not possess one, which led me to believe that it was possible to apply for a spousal visa (H4) even if you did not have the Marriage Certificate, and it only needed to be presented at the time of visa interview. Is that correct or am I mistaken in my interpretation?

Tajobsindia (Senior Partner )     12 July 2012

You are optimistic and I am giving you practical volleys here, be it so.....


For your 1 -
Yes technically Arya Samaj Marriage certificate is recognised by Indian Court of Law so the Consulate will accept it. Practically using it in 1 week slot is the challenge before us.


For your 2 -
To get Marriage Registration followed by Certificate of Registered Marriage from Registrar of Marriage is duplicating the process of a valid Marriage as per Laws and nothing right or wrong in it. Only thing that the Registered Marriage Certificate issued by Registrar of Marriages brings as value addition is "it gets officially recognised all over the world and one need to carry that to US" BUT then how one can get Marriage Registration post Arya Samaj in 1 week is the challenge before us.

For your last sentence – You heard more or less controversially but either Certificate original will do before appointment if you manage them in 1 week is concluding reply here
J  

Aaravika Joshi (Research Analyst)     07 September 2013

Dear Sir,

I have a few queries. I am working in Mumbai. My marriage is fixed with a Guy in US, currently on H1B visa and is Doctor by profession.  Marriage is fixed for Jan 21, 2014. He is landing in India on Jan 8 early morning and has to fly back on Feb 1, 2014. Due to his schedule given from hospital, there is no room for any sort of alterations to be done in this plan.

My query:

1. I plan to submit all documents required for court marriage on Dec 7 , is his presence compulsory for it?

2. I am planing for a court marriage on Jan 8, is registration still required?

3. Is it true that if we do a court marriage on Jan 8 and get it registered on Jan 10, our marriage certificate will be received within a week of court marriage?

4. Can we take US visa appointment date without marriage certificate being in hand?

5. We wish to fly back together, please suggest us the best possible way in the time lines as specified above, that we can fly back together on Feb 1, 2014.

 

Thanks & Regards,

Aaravika

Megha (Manager)     08 September 2013

Aaravika,

 

Based on my personal experience in 2012 September, and being in a similar position as yourself, here's what I found out in response to your questions:

 

1) I plan to submit all documents required for court marriage on Dec 7 , is his presence compulsory for it?

 

My Response: No, his presence is not required to submit the documents for notice of intended marriage, but you will need copies of his passport to submit as supporting documents. I had also submitted them alone at BKC Marriage Registrar. 

 

Caution: The registrar will accept the notice of intended marriage from you, however, she will insist that she has to verify his original passport authenticity. You obviously cannot show his original when you are giving notice alone, so to workaround that issue, make sure you have a 2 working day time from the day he lands to the date of your court marriage. That way, you can go there the day before scheduled court marriage and get his documents authenticated, without facing issues on the day of the court marriage.

 

2) I am planing for a court marriage on Jan 8, is registration still required?

 

My Response: I believe for marriage under Hindu Marriage Act, 30 days notice is compulsory. If you are going for visa for US, you need to have a marriage registered and get the marriage certificate.

 

3) Is it true that if we do a court marriage on Jan 8 and get it registered on Jan 10, our marriage certificate will be received within a week of court marriage?

 

My Response: If you go by the official procedure yes, you are supposed to get your certificate 7-10 days after court marriage. HOWEVER, I got it on the same day, within about 25 mins. How? I went through an advocate who charged me Rs.5,000/- for assisting with notice of intended marriage, the actual day of court marriage, and an additional Rs.500/- for getting the certificate on the same day. 

 

They accept bribes at the registrar, and sad as it is, that is the way the government machinery works: if you try to go by the book being honest and straight, you will be visiting them for weeks / months without a solution, unless you pay them a bribe. 

 

 

4) Can we take US visa appointment date without marriage certificate being in hand?

 

My Response: YEs you can. When filling the application, put your status as spouse. As long as you have the marriage certificate in hand on the day of the visa interview, you are fine. Thats how I did it too. My court marriage was on 17th, and visa interview on 20th. 

 

5) We wish to fly back together, please suggest us the best possible way in the time lines as specified above, that we can fly back together on Feb 1, 2014.

 

My Response: The earliest possible date that you can schedule the court marriage after he arrives, please do so: AFTER leaving two Weekdays (Mon-Fri) to authenticate his original passport prior to court marriage. If you can find an advocate who assures you to assist getting the marriage certificate the same day, then schedule your visa interview 2-3 days after you are married. If you are having a ceremonial marriage too, make sure you have an emergency album of marriage pics, especially pheras, mangalsutra, etc. which you carry on day of US Visa interview. My vidhi was on 18th and we had asked the photographer to give us a temporary album of 100 pics showing vidhi and reception, so that we could show we got married by hindu ritual as well. It looks more authentic to the visa officer, and makes it appear more genuine. Its not essential, but useful if you can plan that way. Also, in case of H4 visas, while it should be smooth, leave time to reschedule and re-interview before Feb 1st so that, if God forbid your visa gets declined first time, you have time to do one more interview before he flies back.

 

Wish you all the best, and congratulations on your new life!!

Aaravika Joshi (Research Analyst)     08 September 2013

Dear Megha,

Thanks a lot for the valuable information you shared. It was very useful to me as everytime I was told a different procedure that always looked tedious.

Have sent you a private message.


Thanks & Regards,

Aaravika

SUJATA M BHAGAT (JUNIOR ADVOCATE)     08 September 2013

HI

MY NAME IS ADV.SUJATA  MANOHAR BHAGAT, I STAYED IN MUMBAI & SPECIALISED IN FAMILY MATTERS & MARRAGE REGISTRATION.IF YOU HAVE ANY HELP CALL ME . MY CELL.NO.8108645124

 

 

Regrds,

Adv. Sujata M Bhagat

Trushna Ajit Bansode (intern)     21 October 2013

hi, i want to know about obtaining marriage certificate in mumbai (bhandup). can we obtain it from BMC ward Or is it necessary to go to registrar office i.e. at Bandra Registrar office.

Regards,

Samir N (General Queries) (Business)     21 October 2013

To all those concerned: Admittedly I have not read all the posts in detail. However, note that if your husband does not have multiple-entry H1 visa, he may have a problem getting back in the US himself. At least he is not 100% guaranteed to be able to get in. The visa category and any comments on it need to be reviewed carefully.  Also, when you go for a H4 while he is here, you are jeopardizing both yours and his visa status. I suggest that he leave  first and then after his return to the US, you/he apply for H4 visa. Just keep all the papers ready.  H4 is not a guaranteed visa. You need to be ready for all kinds of questions because H4 does not authorize employment and some questions asked in the visa interview can be tricky leading you to say that you are going to be looking for work there, etc. That would be fatal. 


Not sure on the latest on this subject but do your homework thoroughly before filing papers, appearing for visa interview (if any), etc. Haste can really be waste here...

Swati (HR)     03 May 2014

Hi, I am a resident of Delhi and recently got married. I want to apply for marriage registration certificate. As per the required documents list, Aadhar card is mandatory. I have enrolled for Aadhar card with my husband Surname but in marriage registration certificate I want to retain my fathers surname only. Will there be any issue at the time of marriage registration as I have different surname on Aadhar card?

Kindly reply on this.

 

Thanks

Swati

pranayjain86@gmail.com (Director)     07 May 2014

 

Very useful inputs by all the marriage experts here. The arya samaj marriage seems risky to a me. Hope all concerned can find help.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register