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Madhuvrata108   31 January 2021

Two foreigner nationalities and marriage in india

Hello everyone. 

 My name is Madhuvrata and I wanted to ask some questions regarding very unusual(?) marriage. 

Me and my future wife are members of ISKCON (International Society for Krishna Consciousness) and love and admire Indian culture and Indian people. Therefore both want to stay and rise our children here. I stay in India 3.5 years (student visa 5 years). I'm from Poland (Europe) and my future wife is from Bolivia (South America). She it's right now I'm Bolivia.

Here I have some unclear matters. I hope that you can kindly dispel my doubts. I'll describe situation more closely and provide some data.

The first question is, if we can get married in India or we have to get married either in my or her country? 

My plan is to get married and stay in India on visas until I'll be eligible to obtain Indian Citizenship. Then after I'll become Indian citizen my wife will be eligible(?) to get OCI card on the basis of my Indian Citizenship.

But until that time, both of us have to stay in India on visas.

After marriage I have to either extend my visa (student S-5 visa is extendable up to 3 years) or make new visa. That entails going to my country (Poland). And she also has to go to her country at least once. 

My biggest fear is that, either me, wife or child/children may not get visa within the period of time before I get citizenship. (I have to stay in india 9 years more to get it)

If we get Indian marriage certificate, will it create some better ground, more favorable conditions/circumstances, which will facilitate granting future visas for me and my family? 

Are there any special considerations/circumstances under which I can get Indian Citizenship quicker? (that would completely solve the problem)

If child/children are born before I acquire Indian citizenship, will the child/children be eligible to get OCI card on the basis of my Indian citizenship? After birth, child can get Visa and passport in India or have to go to either mother's or father's country?

In official Indian government website I've found also one statement regarding special circumstances under which child can get Indian Citizenship. The statement goes as follows:

"By Registration (Section 5(4))

Any minor child can be registered as a citizen of India under Section 5(4), if the Central Government is satisfied that there are ?special circumstances? justifying such registration. Each case would be considered on merits. Application shall be made in Form-IV."

What would be considered as a special circumstances? If our child got Indian Citizenship under this law would me and my wife be eligible for OCI cards or at least could get entry visas on this basis?

If anyone helped to clarify the points I've mentioned here, I would be eternally grateful. 

Best regards,

Madhuvrataas



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