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YasArr

Is Divorce Desolution certificate enough??

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Posted

Hello all, 

 

I have a question. Suppose, a couple got married in India. One is US born citizen and other is Indian citizen. And when they try to register their marriage in the Indian court, or the state court where marriage takes place, they make us to fill a form and also ask for NOC certificate from US spouse?? 

 

Note: US spouse is a divorced. He has divorce dissolution  certificate. Will that satisfy NOC certificate?? 

 

NOC mean ( in my opinion): You are free to marry. No records found that you are still married. 

 

I googled and found that NOC looks like this:

https://images.app.goo.gl/RtBNygAuvvZdLLZT8

 

My question is: If a US spouse is a divorced, still he needs this NOC certificate from the county clerk?? Or his divorce dissolution certificate is fine?? 

 

 

Filed: IR-1/CR-1 Visa Country: Ukraine
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Posted (edited)
47 minutes ago, YasArr said:

Hello all, 

 

I have a question. Suppose, a couple got married in India. One is US born citizen and other is Indian citizen. And when they try to register their marriage in the Indian court, or the state court where marriage takes place, they make us to fill a form and also ask for NOC certificate from US spouse?? 

 

Note: US spouse is a divorced. He has divorce dissolution  certificate. Will that satisfy NOC certificate?? 

 

NOC mean ( in my opinion): You are free to marry. No records found that you are still married. 

 

I googled and found that NOC looks like this:

https://images.app.goo.gl/RtBNygAuvvZdLLZT8

 

My question is: If a US spouse is a divorced, still he needs this NOC certificate from the county clerk?? Or his divorce dissolution certificate is fine?? 

 

US does not have a nationwide database to verify no impediment to marriage.

 

Per the US Embassy in India:

 

https://in.usembassy.gov/marriage-noc/?_ga=2.45369892.1862127473.1634587936-394651854.1634587936

 

To whom it may concern

 

This office occasionally receives requests to provide “No Objection” letters concerning a person’s intent to marry in India. The Embassy cannot make any official certification about the status or eligibility to marry of persons residing in the United States who propose to be married abroad, or about the laws of the United States or of any of the fifty States or Territories about eligibility for marriage or the solemnization of a marriage. Some countries require persons who wish to marry to provide written proof, issued by governmental authority, that there is no legal impediment to the marriage. No such document, or governmental authority to issue such document, exists in the United States.

 

Previously, this Embassy provided a letter to American citizens wishing to marry in India which stated that we were prohibited from notarizing affidavits concerning marital status. Based on new guidance from the U.S. Department of State the Embassy is authorized to notarize a statement from the U.S. citizen party to the marriage, in which the citizen him or herself affirms that they are free to marry.

 

 

EDIT: the link above has a link to an affidavit document that you can fill out and bring to the embassy for them to notarize.

Edited by SteveInBostonI130
added info
 
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