marriage registration

[manraj619]

Hello,
I need some advice. I got married to my husband last year in india. At that time my was a permanent resident and my husband had H1 visa. We have certificate from gurudwara that we married but we never formally registered our marriage in india or USA. now i am a citizen and i wish to apply for green card for my husband. i am confused about how to register our marriage in USA. need help???

[BigJoe5]

Your marriage took place in India so needs to be legal under the laws of India in order to be recognized by the United States for immigration purposes. If you are both in the United States, you could marry in the U.S. under the law of your state of residence, but it would have a new date. If you want your Indian marriage recognized you will have to comply with the laws of India to have it legally recognized by the U.S. on its own right, otherwise secondary evidence is needed as per the information from the State department.

FROM State Department website regarding documents in India:

Marriage Certificates

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.

[kewldude1985]

Hello der,
My wife is on F1 and I am on H1b, when we got married in India 2016. Did n't register my marriage legally in India. Came back to USA and filed for 2016 taxes as married filing jointly. Now want to apply for H4 visa and in need of marriage certificate. I have contacted sub-registrar in India and were told that we needed to be there physically and we cannot travel back to India at this point of time due to work and personal issues. Can I re-marry here in the USA and register it legally in 2018? Does it cause any problems as I filed for my 2016 taxes jointly.
Thanks in advance !

[inadmissible]

Hello der,
My wife is on F1 and I am on H1b, when we got married in India 2016. Did n't register my marriage legally in India. Came back to USA and filed for 2016 taxes as married filing jointly. Now want to apply for H4 visa and in need of marriage certificate. I have contacted sub-registrar in India and were told that we needed to be there physically and we cannot travel back to India at this point of time due to work and personal issues. Can I re-marry here in the USA and register it legally in 2018? Does it cause any problems as I filed for my 2016 taxes jointly.
Thanks in advance !

Well, you are married, so you can't re-marry, and it is okay for you to be filing taxes MFJ. Your marriage is analogous to the medieval English "common law marriage" recognized in the District of Columbia and states like Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, and Utah. Like the 2010 post below suggests, use affidavits in lieu of marriage certificate.

[kewldude1985]

Well, you are married, so you can't re-marry, and it is okay for you to be filing taxes MFJ. Your marriage is analogous to the medieval English "common law marriage" recognized in the District of Columbia and states like Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, and Utah. Like the 2010 post below suggests, use affidavits in lieu of marriage certificate.

Thank you for the response!
Can I use "affidavits in lieu of marriage certificate" for H4 visa application?

[inadmissible]

Can I use "affidavits in lieu of marriage certificate" for H4 visa application?

You should be able to. Hopefully they find it convincing. That uncertainty is the price you pay for not having a marriage certificate. Americans who rely on common-law marriage statutes face the same uncertainties and hassles involving health insurance, inheritance issues, property disputes, etc.