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johnnydoe42

Remarry in USA after religious wedding in India

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I got married in India with a religious ceremony last year. But I did not get the marriage registered with the registrar of marriages and so I do not have a marriage certificate. 

Obtaining a marriage certificate in India requires the physical presence of my and my wife in India. 

We are legally married in India since a religious ceremony is a legal wedding. We just do not have the paperwork / certificate. We even filed taxes as 'Married filing separately'
We would prefer not to travel to India. We're both on H1-B. 
We would like to get a marriage certificate for a potential future change of status. 

Can I get married in the USA at city hall without material misrepresentation? 
I'm planning on applying for an i140 after an approved PERM.

Are there any future implications for re-marrying in the USA? Will we need affidavits etc to reconcile the religious wedding in India?Should I wait to remarry here before filing for i140?

 

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19 hours ago, johnnydoe42 said:

Can I get married in the USA at city hall without material misrepresentation? 
I'm planning on applying for an i140 after an approved PERM.

Are there any future implications for re-marrying in the USA? Will we need affidavits etc to reconcile the religious wedding in India?Should I wait to remarry here before filing for i140?

- Yes, you can get married anywhere you want.

-No there are no future implications that I can see, just be truthful if ever asked. People remarry all the time or renew their vows.  

- i-140 has no real significance and should list your spouse and children  under part 7. You do not need to remarry in USA and get a certificate to file i-140.

A marriage certificate comes into the picture while applying for a visa at a consulate. Even then, a certificate makes things easier. If you do not have a certificate by then, give consulate secondary evidence which includes pictures of ceremony , tax filings, tour trips together and any other relevant documents. 

in short, get a certificate when you can and have a truthful explanation.  

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Once married (as you are), you cannot have another marriage.

A marriage has to be registered in the jurisdiction it took place in. You'd have to be present in that jurisdiction, and with evidence of of the date and location of your current marriage, have it registered with that particular municipality. 

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