Some clarification regarding foreign marriages-NVC

[AKSinghSingh79 143]

Correct me if I'm wrong but a foreign marriage solemnized according to that country's particular laws and customs is legal and binding in the United States right?

I'm trying to find the best way to word our cover letter when we send in our IV package to NVC. According to Indian law, in particular the Hindu Marriage Act of 1955, a marriage solemnized between two Hindus in a temple (Arya Samaj) is a legal and binding marriage. Registration is optional.

According to the Department of State itself, it quotes this:

Available. The Hindu and Muslim communities do not usually register marriages, however, marriages by Hindus, Buddhists, Jains or Sikhs may be voluntarily registered under the Hindu Marriage Act of l955. This Act does not apply to Muslims, Parsis, Jews or Christians, who may register their marriages under the Special Marriage Act of l954, or the Christian Marriage Act. Marriage certificates for marriages registered under these Acts may be obtained from the offices of Government Registrar of Marriages, which are located in the headquarters of each district. The certificate will be issued by the Registrar only if the bride and groom personally appear before the official and pay the required fee.

A certificate of marriage between Muslims is usually issued by the priest who performed the ceremony. The document is in the Urdu language, and a certified translation is required. Marriages between Christians are usually obtainable from Church records. If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.

Note: A document termed as "Marriage Agreement" or "Deed of Marriage" to live as man and wife (under the Registration Act of l908) is not confirmation of a marriage solemnized legally under the Indian Marriage Acts now in force. Such a document does not confer upon the contracting parties' legal marital status under the law.

So our marriage is legal and binding according to US law without a marriage registration? We plan on submitting a cover letter explaining the troubles we have had registering our marriage, the same evidence we included with our I-130 about the attempts made, and sworn affidavits from a few of my husband's family and friends attesting that they were present at our marriage. Should we attach photos of our marriage as well showing that we performed all Hindu wedding customs for proof that a Hindu wedding was conducted?

I have also attached what our marriage certificate looks like. The only difference is our certificate has both of our photos at the top with a gazetted officer's signature across each of them.

[TimeTravel 78]

Correct me if I'm wrong but a foreign marriage solemnized according to that country's particular laws and customs is legal and binding in the United States right?

I'm trying to find the best way to word our cover letter when we send in our IV package to NVC. According to Indian law, in particular the Hindu Marriage Act of 1955, a marriage solemnized between two Hindus in a temple (Arya Samaj) is a legal and binding marriage. Registration is optional.

Marriage registration is compulsory in India.

http://articles.timesofindia.indiatimes.com/2006-02-14/india/27794930_1_marriage-registration-judicial-activism-uniform-civil-code

http://www.indianexpress.com/news/registration-of-marriages-to-become-mandatory-in-delhi/956554

Google it for more links!

[AKSinghSingh79 143]

Marriage registration is compulsory in India.

http://articles.time...form-civil-code

http://www.indianexp...in-delhi/956554

Google it for more links!

Well I'm gonna have to try without it because there is no way we are getting it from the current registrar in my husband's area. The only way we will get it is if the current official quits or resigns. I already passed through USCIS without trouble or an RFE.

I understand that marriage registration is compulsory in India nowadays. This is for normal circumstances. My situation is not normal in that an official is directly defying his superiors and refusing to register our marriage. He is the one doing wrong. This situation is of no fault of our own.

Edited February 23, 2013 by AKSinghSingh79