Hindu Marriage ceremony between Indian (Hindu) & East European (Christian) citizen - Impact on US immigration?

Question

I (Indian/Hindu) had a religious Hindu marriage ceremony last year in India, with a girl who is East European/Christian. My understanding is that this marriage is not valid as the girl was Christian. Hence provisions of Hindu Marriage Act of 1955 do not apply. Further we didn't have a civil marriage ceremony according to Indian Special Marriage Act of 1954. I'd now like to get married to the girl, under formal civil marriage ceremony in her country and have her join me in US on H-4 visa and be added to my Greencard process.

I wanted to get advice on following:

1) Is my understanding that we are considered legally unmarried correct?

2) I suppose for all legal purposes concerning my married status, wedding date, etc. my civil wedding in her country will be used as a reference.

3) Is our religious Hindu marriage ceremony in India is going to cause any issues with US Immigration (H-4, Greencard, Citizenship processes at USCIS) and how should it be handled.

Thanks!

Answer 1

When you are aware of the legal issue with regard to your Hindu Marriage with this Christian lady is not valid rather void abnito, then why still you want to bring what all you did in India, such as Hindu wedding, etc. Just forget all that & for all purposes you both are unmarried & you should state your marital status as unmarried. The USA Immigration will consider only your civil marriage with her as valid marriage. Now either you solemnize this civil marriage with her in India under the Special Marriage Act, 1954 in the district where you usually reside or have been residing for at least one month. The complete process of marriage under this Act has been discussed by me in many of my Yahoo answers here so check it in my yahoo answer profile. In case you are not here in India for the time being then you can marry her according to the civil form under the Foreign Marriage Act, 1969 in any foreign country where you are residing now for the last thirty days. The process of such marriage under this Act is some what similar as the one under the Special Marriage Act, 1954 but in this marriage you will be requiring affidavits signed, attested & Apostillised which both you parents give with regard to your unmarried status & their consent for such marriage. Contact the Indian Embassy in the country/USA where you live or stay now for giving notice for marriage under this Act & follow up the complete procedure & process for the same to obtain a valid marriage certificate that only will be acceptable by the USA immigration for all your /her Visa processing. In case you purpose to marry her according to her country's civil matrimonial law the real problem will arise if you will be asked to submit a certificate regarding your unmarried status from India. As per your passport your unmarried marital status or a letter from the Indian Embassy stating this unmarried status MAY NOT BE agreeable according to her country's matrimonial law & the authorities there, then from where you will get such certificate? People who have been contacted me directly on this regard are not fools who act as I advised them whether they are marrying a Swedish or German person anywhere in the world.