• Foreign and Indian Citizen Marriage

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I am an Indian citizen, and my fiancé is a dual citizen of Poland and the U.S. We are planning to get married as soon as possible to avoid the strain of long-distance. Given that the U.S. spousal visa process takes an average of 18 months, we are considering getting married in Denmark, as it seems to be one of the fastest legal options. Our plan is to live together in Poland or India while waiting for the U.S. spousal visa to be processed. What is the best legal course of action for us? Are there any potential complications with our plan, and would marrying in Denmark allow us to move forward smoothly with visa applications for both the U.S. and other countries. Are we headed in the right direction?
Asked 3 months ago in Family Law
Religion: Hindu

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11 Answers

You can get married in India under provisions of special marriage act 

 

if you are getting married abroad register your marriage with Indian consulate under provisions of foreign marriage act 

Ajay Sethi
Advocate, Mumbai
97306 Answers
7860 Consultations

You can get married in  Denmark as per your desire and plan. 

But after that you can approach the marriage officer in Indian consulate at Denmark and file an application jointly for registration of your marriage under foreign marriage act or under special marriage act .

You can comply with all necessary formalities and furnish documents to get your marriage registered in Denmark. 

T Kalaiselvan
Advocate, Vellore
87508 Answers
2349 Consultations

Better call her/him to India, stay for one month than apply for court marriage. One month notice period will serve and marriage will register. He/she must get unmarried certificate from his/her country.  

Yogendra Singh Rajawat
Advocate, Jaipur
23006 Answers
31 Consultations

- if you both are residing in Denmark , then you can registered the marriage under the provision of Foreign marriage Act there and this certificate is valid in all parts. 

- However, if you want to registered in India, then this marriage can be register under the Special Marriage Act

Mohammed Shahzad
Advocate, Delhi
14695 Answers
224 Consultations

Dear Client,

Marriage in Denmark is for you and for your fiancée is easy to get married in this country. The requirement is that you will need to spend around two weeks in Denmark and provide such documents as, respectively, valid passports and certificate of no impediment to marriage. Once married, the marriage will be legal, enabling the Spousal Immigrant Visa process which is normally fourteen months. If you prefer waiting in Poland or in India, it is possible, but it is necessary to meet the demands of U.S immigration services regarding residency in this country. As much as possible, stay clear of misconceptions surrounding documents in both the marriage and visa process. Proper paperwork is essential in this process. It is advisable to consult with an immigration lawyer to clarify these issues as you proceed with your further plans.

 

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10312 Answers
121 Consultations

Dear Sir,

Such questions are rare and can be answered only by the experts practicing in the international laws.

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
491 Consultations

You have to get the marital status certificate from the embassy of that country to which the party is a citizen.

The US embassy has to give NOC on behalf of its country for this purpose 

You may visit the office of the marriage officer, where your document will be verified and you will be let known about any other formalities to be complied with.

T Kalaiselvan
Advocate, Vellore
87508 Answers
2349 Consultations

The Kerala High Court has held  that the notary public of India was authorised to attest to the affidavits of foreign nationals in matrimonial matters, thereby directing the Marriage Officer to accept the notarized affidavit of a foreign woman and consequently register her marriage with the petitioner.

 

2) The U.S. Embassy or Consulate cannot provide official certification about the eligibility to marry of people who are planning to marry abroad. 

 

3) The affidavit can be made by a U.S. citizen or non-Indian to confirm their marital status and eligibility to marry. The Embassy or Consulate can notarize the affidavit, marriage  registrar can accept said affidavit 

Ajay Sethi
Advocate, Mumbai
97306 Answers
7860 Consultations

Will issue by appropriate office not notary. 

Yes

Yes

Yogendra Singh Rajawat
Advocate, Jaipur
23006 Answers
31 Consultations

1. Kerala High Court held that if a foreign Embassy does not issue a Single Status Certificate or NOC due to the law, rules and regulations prevailing in that country, then a Declarations or Certificates evidencing the same should be accepted in India for registration of marriage.

- Hence, you can submit the affidavit dully notarized

2. Embassy cannot give NOC for the marriage ,however the affidavit can be attested from therein. 

3. Sufficient. 

Mohammed Shahzad
Advocate, Delhi
14695 Answers
224 Consultations

Dear Client,

If a couple wants to marry under the Special Marriage Act in India then both parties can take the affidavit of non-availability from any notary in the country. The NOC from the US Embassy in Delhi for marriage is usually accepted by the marriage registrars, but it is advisable to clear this by consulting the marriage registrar that you intend to use. Besides the papers you mentioned (passport, visa, birth certificates, proof of address, single status affidavit, notice of intended marriage, photographs, witnesses, NOC, divorce certificate), it is possible you may be required to produce your self-attested proof of date of birth, proof of your residence in the district for at least thirty days and two affidavits proving that you two are not related in a manner prohibited by the law. Marriage registrars can be consulted as well as a legal advisor in order to meet all the legal formalities for the registration.

 

Hope you find this answer suitable for resolving you query.


Dear Client,

Here is the possible response to your queries

1. Affidavit of marital status: Yes, this can be obtained from any notary public in India, but these must be authenticated by the Ministry of External Affairs (MEA), and even authenticated by the county's embassy where the marriage is going to take place.

2. NOC issued from the U.S. Embassy in Delhi: The NOC issued from the U.S. Embassy, Delhi, will establish marital status on the part of your fiancé. However, it may not be acceptable everywhere and acceptance may depend on the local rules in the court or the marriage registrar of the region. You are therefore requested to obtain the local rules of the marriage registrar.

3. Documents The list of documents accepted includes, to a large extent, the following: Passport, Visa, Birth Certificate, Proof of Address, Single Status Affidavit, Notice of Intended Marriage, Photographs, Witnesses, NOC and Divorce Certificate, if the applicant has been divorced.

Thank you.Hope this answers your query.

Anik Miu
Advocate, Bangalore
10312 Answers
121 Consultations

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