Is my marriage recognized in the US?

[peacefulandwaitin 0]

I have recently filed for divorce from man who I married in India under the Hindu Marriage Act in September of 05. He has not contacted me since I left India 6 days after we were married. I am not and was not a Hindu at the time I was married. I also only stayed in India about 12 days. Although, the marriage was registered. My address was not correct on the marriage certificate. He told me to say I was living with him, but I was living in a hotel. He would not allow me to stay with him. Our marriage was never consumated, although he insisted I sign papers stating it was. Since we were married I have committed adultery. I was very lonely and he did not show me any love or even send one letter.

I was going through some files tonight and saw that my form said I had been approved for the next stage on my FIANCE VISA! Not spousal visa...

So, my question is, am I married here in the United States? or not?

[Otto 83]

I have recently filed for divorce from man who I married in India under the Hindu Marriage Act in September of 05. He has not contacted me since I left India 6 days after we were married. I am not and was not a Hindu at the time I was married. I also only stayed in India about 12 days. Although, the marriage was registered. My address was not correct on the marriage certificate. He told me to say I was living with him, but I was living in a hotel. He would not allow me to stay with him. Our marriage was never consumated, although he insisted I sign papers stating it was. Since we were married I have committed adultery. I was very lonely and he did not show me any love or even send one letter.

I was going through some files tonight and saw that my form said I had been approved for the next stage on my FIANCE VISA! Not spousal visa...

So, my question is, am I married here in the United States? or not?

I believe the answer is Yes - if you are not Widowed, Divorced or Single, you therefor must be Married. If you are asking "does the US know you are married?" then that answer may depend on what 'forms' you have filed...

[C and J 1]

I was going through some files tonight and saw that my form said I had been approved for the next stage on my FIANCE VISA! Not spousal visa...

So, my question is, am I married here in the United States? or not?

Bare in mind that the USCIS site always calls the I129F a fiance(e) petition, even if you used it to apply for a spouse. Did you fill in these forms for your spouse or did you fill in the form for your fiance? Did you also file an I130?

To use a quote I had seen on this site before "a marriage, is a marriage, is a marriage"... if the country you were married in classes the marriage as legal then the US will also class it as such. However, once you were married it was up to you to proactively tell the relevant entity's that you became married (social security office etc). The country the marriage took place in would not do this for you.

[JenT 0]

There are too any details of the chronology and intent here that are missing.... it's best for you to contact an attorney experienced in immigration to help you sort this out.

Jen

[peacefulandwaitin 0]

Yes, what I am wondering is if the United States recognizes it. I have been reading that sometimes under the Hindu Marriage act the marriages are not recognized here, even if they are registered.

[zyggy 9]

If the marriage was legal in India, then the US recognizes it as valid. The US recognizes marriages under the Hindu Marriage Act even if it WAS NOT registered. The only exception that I know of is for gay marriages. If the conditions of the marriage were not valid under the Hindu Marriage Act, you're going to have to have a competent court in India state it as such and rule the marriage invalid.

Other than that, you are going to have to get the marriage annulled in India, or in the US in absentia.

It appears that you were married at the time you filed the I-129F. I'm sorry to say that the petition is invalid as you must be legally free to marry at the time the petition is filed.

Edited October 30, 2007 by zyggy