What documentation do you need as an American citizen to marry an Indian citizen in India?
The US State Department sez :
In general, marriages which are legally performed and valid abroad are also legally valid in the United States. […]
The embassy or tourist information bureau of the country in which the marriage is to be performed is the best source of information about marriage in that country. Some general information on marriage in a limited number of countries can be obtained from Overseas Citizens Services, Room 4811, Department of State, Washington, DC 20520. In addition, American embassies and consulates abroad frequently have information about marriage in the country in which they are located.
The site also has some country-specific marriage information for certain foreign countries, but India does not appear to be among them.
Are we to take it that congratulations are in order?
No congratulations for me. My cousin sister asked to find out and I thought this was the right place to start.
Does she need a birth certificate?
No one has an idea. Maybe, I should talk to the embassy or something.
Monty
June 1, 2007, 3:45am
6
Here you go , from the U.S. Embassy in New Delhi:
Marriage in India
The procedure for a foreigner (e.g., an American citizen) to get married in India depends on whether the parties wish to participate in a religious ceremony or a civil ceremony. If required, the Embassy can issue a “no objection” letter to any American citizen who wishes to obtain an Indian marriage certificate. The letter can be obtained free of charge from the American Citizen Services Unit any weekday from 10:00 – 12:00 or 2:00 – 3:30, simply by presenting a U.S. passport.
If after marrying, you are interested in obtaining an immigrant visa to the United States for your new spouse, please contact the Department of Homeland Security’s U.S. Citizenship and Immigration Services (previously known as “INS”) to obtain more information about filing an immigrant visa petition. Their website is www.uscis.gov . Their office at the U.S. Embassy in New Delhi can be reached by writing to ins.ndi@dhs.gov , or by calling 2419-8506 (begin by dialing 011-91-11- if calling from the United States).
Religious Ceremonies
In India, a religious marriage ceremony is considered a legal marriage. However, for Hindus, Jains, Sikhs and Buddhists, the certificate issued by the temple or gurudwara may not be legally sufficient for all purposes. Rather, members of these religions may seek a formal marriage certificate from the Registrar of Marriages. If one of the parties is a U.S. citizen, the registrar may request a “no objection letter” from the U.S. Embassy or Consulate, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.
If the parties are married in a Christian, Muslim, Parsi, Jewish, Baha’i or other religious ceremony, the certificate issued by the religious authority (e.g., the church’s marriage certificate, the mosque’s nikah nama, etc.) generally is sufficient proof of marriage, and no certificate from the marriage registrar is necessary.
Civil Ceremonies
Parties who do not wish to marry in a religious ceremony can instead opt for a civil ceremony pursuant to the Special Marriage Act. Again the American citizen who wishes to participate in a civil marriage ceremony may be required to present to the marriage officer a “no objection letter” from the U.S. Embassy or Consulate, as well as proof of termination of any previous marriages. The parties generally are required to wait at least 30 days from the date of initial application to formalize the marriage so that the marriage officer can publish a newspaper ad allowing for the opportunity for any objections to the marriage to be voiced.
The marriage registrar’s office generally is located in a local community’s court complex or municipal building.
What is the point of a “no objection” letter from the US embassy, if one can be obtained by anyone with a US passport? And on what grounds would the USA object to a marriage?
Monty
June 1, 2007, 9:09am
8
Warning! PDF Link follows!
This Government of Puducherry site has the requirements for Indian marriage (their term). The “no objection” letter appears to serve the same function as the (as far as I know, no longer practiced) “publishing of bans” prior to permitting a marriage.
The US government could refuse to issue the letter if you were known to them to be married and yet had no proof of termination or dissolution of the marriage.
Nava
June 1, 2007, 9:19am
9
Perhaps also if the intended marriage was same-sex (which can’t be the case in India, but can be in other countries) or something else that would not make it valid in the US?
My understanding is that the marriage part is not difficult, but that once you are married, the processing time to get the Indian spouse a visa to come to the United States can take a year or so. As a result, most people I know went the fiancee visa route and held the wedding in the United States.
