Need help! What are the procedures for the Special Marriage Act?

[AKSinghSingh79 143]

Hi everyone. My fiance called me this morning with some disappointing news. We were planning on getting married in May. He went to the courts yesterday to get the necessary forms for me to sign. However the judge stopped him and said that BOTH of us must be physically present in India to sign the documents. He said he could not accept my signature from abroad because it was not sufficient to prove my identity.

He also wanted to see relationship proof from us. He specifically asked for a copy of my Indian visa and photos of us together.

We were really hoping we could marry in May and begin our I-130 shortly after.

Has anyone else faced this when marrying via the Special Marriage Act?

He lives in Uttarakhand.

[TimeTravel 78]

Hi everyone. My fiance called me this morning with some disappointing news. We were planning on getting married in May. He went to the courts yesterday to get the necessary forms for me to sign. However the judge stopped him and said that BOTH of us must be physically present in India to sign the documents. He said he could not accept my signature from abroad because it was not sufficient to prove my identity.

He also wanted to see relationship proof from us. He specifically asked for a copy of my Indian visa and photos of us together.

We were really hoping we could marry in May and begin our I-130 shortly after.

Has anyone else faced this when marrying via the Special Marriage Act?

He lives in Uttarakhand.

Physical presence is required for marriage ( even it is done under special marriage act ). Otherwise it would be proxy marriage. Better you guys get married in real, rather than special marriage act. It would be very helpful at the time of the interview. If your guy is Hindu, then get the marriage done under Hindu Marriage Act.

[catknit 144]

She wants to marry for real, in person - any non-Hindu marrying a Hindu MUST marry under the Special Marriage Act or any other type of "mixed" marriage where both parties are not the same religion. What they are trying to do is get the 30-day wait period started. Under the Special Marriage Act, a notice is posted stating that the two parties want to marry and that any objections to the marriage can be made. This is NOT a proxy marriage. It's just any marriage for mixed parties.

I'd have him ask around and see if there are any agents or advocates that can make this problem go away. Chances are it may with the right amount of money. I have never heard of having proove a relationship to a judge in India...

[R.&S. 2]

Both parties (Bride and Groom) must have to present in person while giving the notice for intended marriage and the day, marriage is getting solemnized under special marriage act. You (US citizen) also have to get "no objection certificate" from US embassy New Delhi as an evidence that you are free to marry in India.

IF you both are Hindu, it will take only one week to get your marriage registered which will be under Hindu marriage act.

This is the reason we opted second K1 instead of CR1.

30 days of wait and total it takes around 45 days because processes are really slow in Indian courts.

Hi everyone. My fiance called me this morning with some disappointing news. We were planning on getting married in May. He went to the courts yesterday to get the necessary forms for me to sign. However the judge stopped him and said that BOTH of us must be physically present in India to sign the documents. He said he could not accept my signature from abroad because it was not sufficient to prove my identity.

He also wanted to see relationship proof from us. He specifically asked for a copy of my Indian visa and photos of us together.

We were really hoping we could marry in May and begin our I-130 shortly after.

Has anyone else faced this when marrying via the Special Marriage Act?

He lives in Uttarakhand.

[R.&S. 2]

Agents and advocates can not lessen wait time which is 30 days and it is also mandatory to present both parties at the both times under special marriage act. IF anyone making it possible its goods but New Delhi Embassy knows "30 days waiting".

Money does work but not all the time.

She wants to marry for real, in person - any non-Hindu marrying a Hindu MUST marry under the Special Marriage Act or any other type of "mixed" marriage where both parties are not the same religion. What they are trying to do is get the 30-day wait period started. Under the Special Marriage Act, a notice is posted stating that the two parties want to marry and that any objections to the marriage can be made. This is NOT a proxy marriage. It's just any marriage for mixed parties.

I'd have him ask around and see if there are any agents or advocates that can make this problem go away. Chances are it may with the right amount of money. I have never heard of having proove a relationship to a judge in India...

[Harsh_77 716]

Physical presence is required for marriage ( even it is done under special marriage act ). Otherwise it would be proxy marriage. Better you guys get married in real, rather than special marriage act. It would be very helpful at the time of the interview. If your guy is Hindu, then get the marriage done under Hindu Marriage Act.

You can only marry under Hindu marriage act if both of you are Hindu, if not then you have to be married under special marriage act.

Best thing I can tell you is hire a lawyer and he would be able to put in your 30 day request.

I personally was in same situation and I sent my forms to my wife she signed it while she was in US sent copies of her passport, BC and DL.

My lawyer took care if it and put intent of marriage.

[catknit 144]

I didn't intend to make it sound like the 30 day wait goes away with the help of an advocate or agent . It doesn't - that's a hard and true rule. What can sometimes be "fixed" is having both people physically present to sign for the publication.

In some states and some towns/villages, the intent can be filed using an advocate or agent where both parties do not need to be present [when that is allowed usually the person in India does go with the advocate to the requisite office(s)]. In some areas, there is no way around having both parties sign. But only an advocate or agent would have the inside scoop for their area - however this can get fishy too because who says you don't stumble upon an advocate or agent that just takes the money and runs, or requests more and more money with no results because they know full well that they can't "fix" it for you....

I'm still astounded that the judge wanted relationship proof. That's just bizarre.

[Deep2009 18]

for them, the proof is - couple of pictures together, with some family members (not like the proof needed for immigration to US)

I didn't intend to make it sound like the 30 day wait goes away with the help of an advocate or agent . It doesn't - that's a hard and true rule. What can sometimes be "fixed" is having both people physically present to sign for the publication.

In some states and some towns/villages, the intent can be filed using an advocate or agent where both parties do not need to be present [when that is allowed usually the person in India does go with the advocate to the requisite office(s)]. In some areas, there is no way around having both parties sign. But only an advocate or agent would have the inside scoop for their area - however this can get fishy too because who says you don't stumble upon an advocate or agent that just takes the money and runs, or requests more and more money with no results because they know full well that they can't "fix" it for you....

I'm still astounded that the judge wanted relationship proof. That's just bizarre.

[R.&S. 2]

You can only marry under Hindu marriage act if both of you are Hindu, if not then you have to be married under special marriage act.

Best thing I can tell you is hire a lawyer and he would be able to put in your 30 day request.

I personally was in same situation and I sent my forms to my wife she signed it while she was in US sent copies of her passport, BC and DL.

My lawyer took care if it and put intent of marriage.

Harsh, Is it possible to sign papers while your partner is not physically present while giving notice? As I read in Special marriage act, its not possible. I tried to ask about it at two places in Haryana and they did not agree with this. In which area did you get registered and what about NOC from Embassy? Did you take the help of advocate or some extra bucks?

OP's fiance can go to that area and stay for 30 days and file the notice, in this OP won't have to come India for 30 days before. You can also pass contact no. of advocate to OP, that will be really helpful.

[Harsh_77 716]

Harsh, Is it possible to sign papers while your partner is not physically present while giving notice? As I read in Special marriage act, its not possible. I tried to ask about it at two places in Haryana and they did not agree with this. In which area did you get registered and what about NOC from Embassy? Did you take the help of advocate or some extra bucks?

OP's fiance can go to that area and stay for 30 days and file the notice, in this OP won't have to come India for 30 days before. You can also pass contact no. of advocate to OP, that will be really helpful.

It is possible to get papers signed for giving Notice, I had talked to my lawyer saying it's practically impossible for my wife to take 30 days off from her work.

He said it was not required for her to be present in India as long as I can get the signature and supporting document.

I did mine from Mumbai.

We did not apply for NOC either, NOC is more enforced when either partner has previous marriage and divorce and stuff involved in our case we did not have anything like that.

I don't mind giving the contact detail of the lawyer I used if OP is interested.

Edited February 23, 2012 by Harsh_77

[AKSinghSingh79 143]

It is possible to get papers signed for giving Notice, I had talked to my lawyer saying it's practically impossible for my wife to take 30 days off from her work.

He said it was not required for her to be present in India as long as I can get the signature and supporting document.

I did mine from Mumbai.

We did not apply for NOC either, NOC is more enforced when either partner has previous marriage and divorce and stuff involved in our case we did not have anything like that.

I don't mind giving the contact detail of the lawyer I used if OP is interested.

Harsh,

Would you mind giving me the contact info? Thank you so much. I can forward that info on to my fiance.

Does the lawyer have any offices in Uttarakhand or Delhi?

If we are unable to do things this way, I will be taking my holidays in May, September, and November. I just hope they don't give us trouble about the 30,day hold as I am definitely unable to take off for 30 days.

How long did it take after you were married to receive the marriage certificate?

[Divs 35]

Hi everyone. My fiance called me this morning with some disappointing news. We were planning on getting married in May. He went to the courts yesterday to get the necessary forms for me to sign. However the judge stopped him and said that BOTH of us must be physically present in India to sign the documents. He said he could not accept my signature from abroad because it was not sufficient to prove my identity.

He also wanted to see relationship proof from us. He specifically asked for a copy of my Indian visa and photos of us together.

We were really hoping we could marry in May and begin our I-130 shortly after.

Has anyone else faced this when marrying via the Special Marriage Act?

He lives in Uttarakhand.

So here's what we did. When I went to the Registrar's office to apply, so that when he comes down, we could directly go and sign the register, I was told that he had to be physically present here to apply, and again after 30 days when we could sign the register. Since that wasn't a feasible option for us at that point, we got in touch with a lawyer who told us we could get married under the Hindu Marriage Act. Under this, we got married at a temple, signed the temple register, and then went to the panchayat office where we registered our marriage. Got our marriage certificate in a week's time. It was an expensive deal, but we got our job done.

[Harsh_77 716]

So here's what we did. When I went to the Registrar's office to apply, so that when he comes down, we could directly go and sign the register, I was told that he had to be physically present here to apply, and again after 30 days when we could sign the register. Since that wasn't a feasible option for us at that point, we got in touch with a lawyer who told us we could get married under the Hindu Marriage Act. Under this, we got married at a temple, signed the temple register, and then went to the panchayat office where we registered our marriage. Got our marriage certificate in a week's time. It was an expensive deal, but we got our job done.

Are both of you Hindu?

[AKSinghSingh79 143]

So here's what we did. When I went to the Registrar's office to apply, so that when he comes down, we could directly go and sign the register, I was told that he had to be physically present here to apply, and again after 30 days when we could sign the register. Since that wasn't a feasible option for us at that point, we got in touch with a lawyer who told us we could get married under the Hindu Marriage Act. Under this, we got married at a temple, signed the temple register, and then went to the panchayat office where we registered our marriage. Got our marriage certificate in a week's time. It was an expensive deal, but we got our job done.

Thank you for sharing your personal experience.

This is not an option for us as I am not a Hindu. Therefore the Special Marriage Act is the only option for our case.