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Amit-N-Melody

Can you use an EEOC case for Marriage Bonafides?

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Filed: K-3 Visa Country: India
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I have an open case with the EEOC, I filed a claim against my former employer for wrongful termination out of retaliation of 4 complaints that I filed against my co-workers and boss. To give just a brief history, I had worked for them for 4 years. I was friendly with everyone to the extent that we would hangout after work, I gave one girl one of my horses, another one I trained their dog etc. Everything at work was fine... until I took a leave of abscence from work to go to India to marry my Husband. A week before I left the harrassment began, and then when I returned it escalated. It was not only my co-workers but it was my direct supervisor. When I went to the store Director numerous times, with concrete proof... not just my word (emails, coupons for Hamburgers with attached notes talking about Cow sacrifice etc) And I filed a former complaint. 1 month after I complained I was terminated! I had worked for them for for 4 years with out being written up or counseled for any reason.

Ok that is briefly what happened... I didnt want to write a book to say everything... but this is my question:

I have a letter fromt he EEOC stating the charge against my former employer... can I or SHOULD I include this in any other further evidence of the Marriage Bonafides? Maybe use it at the interview.. ( I am attending) I am looking for suggestions on what to do...

thanks in advance

On a funny note... wonder if I should take a pic of my tattoo that Has my Husbands name in it to submit at the interview when they ask for pics :P LOL

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Filed: K-3 Visa Country: India
Timeline

Hindu Marriage Act, 1955

This Act of the Government of India, called the Hindu Marriage Act, 1955, "extends to the whole of India except the State of Jammu and Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories." Below is an excerpt from the full text of the Act 25 of 1955 - 18th May, 1955.

Application of Hindu Marriage Act

(1) This Act applies,-

(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;

(b) to any person who is a Buddhist, Jaina or Sikh by religion, and

© to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

Explanation.- The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be,-

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;

(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist Jaina or Sikh by religion and who is brought up as a member of tribe, community, group or family to which such parents belongs or belonged; and

© any person who is a convert or re-convert to the Hindus, Buddhist, Jaina or Sikh religion.

(2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.

(3) The expression "Hindus" in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion is, nevertheless, a person whom this Act applies by virtue of the provisions contained in this section.

Condition for a Hindu Marriage

A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:

(i) neither party has a spouse living at the time of the marriage;

(ii) at the time of the marriage, neither party,-

(a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

© has been subject to recurrent attacks of insanity or epilepsy;

(iii) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not 'sapindas' of each other, unless the custom or usage governing each of them permits of a marriage between the two;

Ceremonies for a Hindu Marriage

(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2) Where such rites and ceremonies include the 'saptapadi' (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

Registration of Hindu Marriages

(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such condition as may be prescribed in a Hindu Marriage Register kept for the purpose.

NOTE: The above text is only an excerpt. For full and exact text of the Act, including explanations, definitions and Nullity of Marriage and Divorce, please read the Act 25 of 1955 - 18th May, 1955.

this is how I think that it would be irrelevant... I converted over to Hinduism before my marriage, I had a typically Hindu marriage... when I came home... I was fired from my job because I was a Hindu and Married a Hindu man. Wouldnt this EEOC case prove that I truely converted to Hinduism and just be something useful to have along with my Hindu Conversion Certificate? Just my thoughts on it... I dont know that is why I am seeking advice

~ NVC Journey~

22 days at NVC

03/18/2010: Case Complete!

03/25/2010: Called NVC .. INTERVIEW May 27 @ 7:45!! Woot Woot

05/27/2010: Approved at the interview, but put on AP afterwards :(

06/27/2010: Really missing my Hubby :*(

07/29/2010: Visa Issued!! AP is OVER!!

07/31/2010: Visa in hand!!! Thank you GOD!

09/01/2010: POE JFK

2 Amazing Years Later!!!

~Lifting Conditions~

08/09/2012: File I-751 Packet

08/17/2012: NOA I-751 Receipt Notice recieved!

"Distance means nothing for love. Even the sun is so far away; yet, its energy blossoms the flowers on earth."

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Wouldnt this EEOC case prove that I truely converted to Hinduism

Well no, not especially (it proves you filed a discrimination case with EEOC)... but bring it along to the interview.

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Filed: Lift. Cond. (apr) Country: India
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This is just a FYI and nothing to do with the OP.

I know what the Hindu Marriage Act of 1955 says but the funny thing is, Hinduism, as a body of religion, doesn't believe in conversion unlike other major religions. You're either born a Hindu or not. I always find it funny when people say they converted to "Hinduism" and then had a Hindu marriage. Legally, that is recognized but not spiritually/religiously.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
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Filed: Lift. Cond. (apr) Country: India
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In fact, I wasn't even sure if my husband (white American, agnostic but Roman Catholic) and I (Hindu) could get married under the Hindu Marriage Act or according to the Hindu customs and rituals. So we had a civil ceremony and the marriage was registered under the Special Marriage Act of India, 1955.

I wish I'd known about this "conversion" thing--might have saved us the 30 day waiting period for the notice of intending marriage.

Melody--BE SURE to carry proof of your "conversion" to Hinduism -- it has been known to be asked for at several Indian consulates. They want to make sure all the rules were followed before the marriage took place.

Edited by sachinky

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

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Filed: K-3 Visa Country: India
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I will.... I even mailed it in with my application in supporting evidence to my marriage liscene... and when I go to the interview I will take the original

~ NVC Journey~

22 days at NVC

03/18/2010: Case Complete!

03/25/2010: Called NVC .. INTERVIEW May 27 @ 7:45!! Woot Woot

05/27/2010: Approved at the interview, but put on AP afterwards :(

06/27/2010: Really missing my Hubby :*(

07/29/2010: Visa Issued!! AP is OVER!!

07/31/2010: Visa in hand!!! Thank you GOD!

09/01/2010: POE JFK

2 Amazing Years Later!!!

~Lifting Conditions~

08/09/2012: File I-751 Packet

08/17/2012: NOA I-751 Receipt Notice recieved!

"Distance means nothing for love. Even the sun is so far away; yet, its energy blossoms the flowers on earth."

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Filed: Citizen (apr) Country: Egypt
Timeline

I don't know if your case could prove anything for a bona fide marriage, but I would definitely include it in your case. It wouldn't hurt! Specially if the outcome proves that there was discrimination! :thumbs:

"A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort. " – Herm Albright

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