CENOMAR

Steps to Get Certificate of Freedom to Marry from India

February 25, 2019 Manoj Sodhani Comments 0 Comment

Are you required to submit the certificate of freedom to marry from India?

Before knowing where you get it from, let’s go through its definition.

What is a Certificate of Freedom to Marry?

Many-a-times called Single Status Certificate/ Certificate of No Impediment/ Certificate de Coutume/ Certificate of Nulla Osta/ Bachelorhood Certificate, the certificate of freedom to marry is a legal declaration stating the bachelorhood of its bearer.

Simply put, it is a valid declaration of NRIs from the country of origin about your freedom to marry.

What should you know to get this certificate from India?

Almost all European countries and a few Asian countries mandate that the marriage applicants should provide a valid proof of their bachelorhood before marriage. However, the diversity of religion doesn’t allow India to come with such kind of provision in the country. This is why there is no formal setup of a competent authority that can issue it.

Who does issue this certificate in India?

But, the foreign countries mandate to provide it before solemnizing marriage. Then only, the couple can exchange woos. While keeping this requirement into account, this authority is assigned to the court magistrate. It is segmented as a civil service. Therefore, the court can issue it.

Drill into head that the Municipal Corporation is not the right authority to administer this request.

Single Status Affidavits:

A single status affidavit defines a sworn document wherein an affiant (the applicant/would-be spouse) declares in writing that he/she belongs to a specific location. Also, the citizenship of a particular country should also be defined there. In simple words, you being an affiant should put your identity, location, parents and citizenship on the affidavit. These details should follow your status as a bachelor/ married/ divorced/ widowed.

Notarize

Sometimes called the ‘Notarial Act’, the process of notarization is a practice of certifying, attesting and authenticating any instrument. This instrument can be any banking transaction or a court document. The certificate of freedom to marry is a court document. So, it may require translation and verification from one language to another. Let’s say, an NRI is going to solemnize marriage with a French citizen. In this case, this certificate should be translated into French as per its immigration norms.

The notarizing or attesting of unmarried certificate is done to prevent fraud and assure spouses that the document is voluntarily signed. He/she has willingly written. Eventually, the notary public, a competent authority, verifies it while putting his stamp.

Supporting Documents: An NRI should have these documents to support your application for this affidavit:

ID proof
Address proof
Passport/Visa
Birth Proof
Parents or witness identity proof
Decree absolute, if divorced
Death certificate, if widowed

Steps to get this certificate from India:

Visit the court or send your Power of Attorney (PoA) on your behalf.
Purchase a stamp paper to write the oath.
Get it typed by the notary public and then, get the affidavit attested.
The notary public will check its authenticity and you need to sign on it before him.
Visit the magistrate to get this certificate attested.
Show all supporting documents that you come along with to verify.
Afterwards, you have to visit the Ministry of External Affairs (MEA) for attestation from HRD.
Pay requisite fee.
You have to verify it with the Indian Embassy.
Lastly, the embassy of the resident country will need it to authenticate your status.

These steps will help you get the certificate sans any hassle. If you have a digilocker, you can send a request to your relative or PoA to upload this no marriage certificate from India in your account. Subsequently, you can download its soft copy from that digital locker.

Correct Way of Filing Single Status Affidavit in India to Wed

February 21, 2018 Manoj Sodhani Comments 0 Comment

Are you confused over how to file for the single status affidavit in India?

Alas, solemnizing marriage in the foreign country would be as simple as falling in love! It can be your story as well. The foreign land is not as liberal as India. You need to present a document in support of your single status. It’s licit as per the foreign law.

How would you get it?

What documents do you need to support your bachelorhood application?

Do you need to fill any application form? Or, do you need to have an affidavit?

These questions would be drilling into your head. It’s obvious.

Let I put off your curiosity through these tips. I would briefly mention the name of the documents required and its application procedure. The most important aspect is filing the single status affidavit in the court.

How can you get it?

Your dilemma is valid as India has no competent authority for addressing this problem. Hundreds of emigrants with an Indian passport stay in the USA, UK, Malaysia and other nations. While giving their career a long flight, they take a route to abroad. In the interim, many of them settle with the foreigner as a life-partner.

Only the court can let you sail through this problem. What all you need to do is:

Visit the court.
Meet the oath commissioner or the notary magistrate. Both hold the authority to put a stamp of approval on the affidavit of single status. This certificate can be known as No Record of Marriage, Certificate of Freedom to Marry, Certificate of No Impediment for Marriage, Certificate of No Record – Marriage, Affidavit of Marriageability and
Certificate of No Public Record.
Fill the affidavit form.
Get it attested from the magistrate.
Get it apostilled from the MEA (Ministry of External Affairs).
Later, let it be attested by the embassy of the foreign country.

Which documents do you require to support your CENOMAR application?

ID proof (Aadhaar Card/ Voter Id/Driving Licence)
Address proof (Utility Bill/ Bank Passbook)
Birth proof (Birth certificate/Non-Availability of Birth Certificate/10^th class Mark Sheet )
Parent’s affidavit
Decree Absolute (if you’re a divorcee)
Death certificate of the deceased spouse (if your spouse is no more)

What is the correct way of filing the single status affidavit in India?

The foreign law varies as per the country. Let’s say, the USCIS authority of the USA asks for the parental affidavit along your same document. In that case, you need to apply for two affidavits. One would represent you while the other one would echo the consent of your parents.

You must keep the bird’s eye on these points that they are written subtly. These points are commonly introduced in the sworn documents of yours and your parent’s:

Name of the Affiant (fill the name of the would-be spouse and the parents’ name in two different affidavit forms).
Residential address and country (of the would-be spouse and the parents separately)
Birth date (of the affiant and the parents)
Country name (of the affiant and the parents in the separate affidavit)
Passport number (of the affiant and the parents in the separate affidavit)
Marital status (of the affiant)
Name of the would-be spouse
Country of the would-be spouse
Signature (of the affiant and the parents at the bottom)
Date (when it is filed)
Statement (of no marriage by the affiant and the parents)
Date of divorce (of the affiant if he/she is the divorcee)

If you don’t want to file for it in the court, you can still withdraw it. You need to do it on the non-judicial stamp paper. Get it notarized by a local notary.

With all these tips, you can get your certificate of no impediment or CENOMAR or bachelorhood certificate without any hitch.

How to Get Affidavit of Marital Status from India?

June 23, 2017 Manoj Sodhani Comments 0 Comment

Affidavit is a documented sworn of a person. For proving lawfulness, it is treated as a bona fide document of support. It can be of multiple types. Here is the list of the main affidavits that can be required at point of time in life:

Affidavit of Small Estate
Affidavit of Heir-ship
Affidavit of Residence
Affidavit of Changing Name
Affidavit of Support
Financial Affidavit
Affidavit for Single Status
Affidavit for Marital Status
Affidavit for Birth Certificate

This list does not end here. But this blog is dedicated to the affidavit that proves marital status particularly. So, my suggestions would be around ‘how to get this affidavit’.

What is an affidavit of marital status?

As I told, it’s an oath of being married in writing that is attested further by the court or magistrate. Many of us turn blind eye to its vitality, especially when it comes to immigration. Many aspirants fly to the US, UK, China, Singapore, UAE, Dubai, Kuwait and many more countries for giving shape to their career and education. The foreign ministry of those countries refuses to those who fail to provide affidavit of single status from India. Later, a few of them decide to solemnize wedding there with the foreigner.

The European countries, like USA, reject immigration of the dependent spouse from India. This is the very point of time when the want of getting affidavit of marital status from India rises. There is another scenario when the non-resident is likely to attain green card or permanent citizenship of the foreign country. The absence of this affidavit can spill the beans over their dreams.

In the nutshell, it is essential to withdraw this legal document for proving the bona fide marriage.

How to get ‘affidavit of marital status’ from India?

Who should apply?

This document is required post wedding to prove that you are married. Husband and wife can file a petition for obtaining it separately or jointly.

When do you apply?

The couple should bear in mind that its physical presence is a must before the magistrate or marriage registrar after marriage.

Where should you apply?

This document should be withdrawn from where the pair tied the knot. For example, if the pair got wedded in Mumbai, it has to apply for it in the regional court.

Which documents are required?

The bride and bridegroom should submit separate proofs of their own.

Wedding invitation card.
Certificate from the priest who performed the matrimonial rituals.
Age proofs of the affiants that can be School Leaving Certificate, Birth Certificate, Domicile Certificate, adhaar card or PAN Card.
Residential proofs that can be ration card, passport, voter id, rental agreement or any utility bill, like electricity bill, water bill etc..
3 witnesses’ proof that can be their ration card, voter id, adhaar card, driving licence or government identity card.
Photographs of the marriage

If the wedding card in unavailable, the affidavit of marital status from India would be essential.

What’s the format of the affidavit?

The given format is an example of a spouse. It’s just for deriving idea of the content that should be put in the affidavit. Being accommodated with the content of the married, unmarried status and divorced, it demonstrates what multi-purposes it can serve.

Should it be attested?

Yes, it’s absolutely mandatory that the affidavit should be attested by the magistrate or sub-divisional court. Later, embassy would seek it. Or, the affiant should himself/herself take attestation services in to get it stamped from the consul. Further, this document can be submitted to the foreign immigration office to get the green card or immigration visa.

Single Status Affidavit is Must to Get US’ K1 Fiancee Visa

May 23, 2017 Manoj Sodhani Comments 0 Comment

Immigration kicks off a lot of paper –work. Until and unless you don’t complete it, your travel to foreign remains unconfirmed. Be this trip motivated to tour, work or education, you have to meet several formalities with passport as well as visa authority.

Besides aforementioned reasons, matrimony can be another reason to land to the US or any other foreign country. Without prior knowledge, you can be trapped in legal problems there. Since the immigration rules have been made stricter than ever, it’s better to come across every formality that you would be met with.

Here, you can catch the roundup of K1 fiancee visa that is applied before landing to the US for marriage purpose. The USCIS (US Citizen and Immigration Services) – the immigration authority of the US, scrutinizes the intentions of the foreigner before nodding. Then, that foreigner would be permitted to wedlock. Afterwards, the right to obtain green-card is all his/hers.

What is k1 Fiancee Visa?

As aforesaid, this visa is a non-immigration visa. It is specifically drawn to travel to the USA and get married with its citizen. The US citizen sponsors it. It’s mandatory that the wedding must be solemnized within 90 days of arrival to the same country.

Adjustment of Status (AOS) a must:

Once the expat enters on Fiancee visa, he/she has to file for Adjustment of Status (AOS). This formality is mandatory. Without it, the expat can’t acquire green card of the US which identifies the permanent resident status.

The visa holder must solemnize marriage within stipulated time of 90 days. If so does not happen, the USCIS can detain or initiate the process of deportation. And if the wedding occurs within the said duration, the expat must file an application for Adjustment of Status that delivers a right of citizenship to him/her.

Which supporting documents are required to get k1 visa:

Copy of approval of I-129
Copy of spouse’ I-131 & I-765
Copy of marriage certificate
Single status affidavit
Copy of foreign spouse’ birth proof
2-Passport sized photos with full name
Copy of EAD cards
Police verification form

The affidavit of single status out of all these supporting documents can be procured from the court or sub-divisional magistrate, if in India. Thereafter, it requires attestation from HRD of the MEA. It proves that the Indian expat is single by marital certificate. This eligibility is proved through the affidavit or the bachelorhood certificate India. In other countries, it may be known with different names, like certificate of no marriage.

Forms:

Form I-485

What: It’s an application to change the status of expat from foreigner to the citizen. It’s noteworthy that the expat is eligible to apply for Adjustment of Status (AOS) even if the Fiancee visa is expired, i.e. within the 90 days of arrival. The only thing to be kept in mind is that the person should be married with the US native.

Why essential: The expat becomes eligible to hold citizenship automatically post marriage. The status must be changed while being in the US. The applicant can submit the application in the US consular office. If he/she does not do so or the fiancée visa expires, his/her stay would be considered as unlawful. The USCIS can deport him/her.

Form G-325A

What: It’s the form describing the biographic details of the expat. However, he/she would have already submitted such details while applying for fiancée visa. But it requires updates. Post marriage, the expat needs to upgrade & submit it.

Why essential: The USCIS requires updated status of every individual living in the US. This form modifies the status from emigrant to the US citizen.

Form I-864

What: This form is the affidavit of support that states the assets, funds and income of the foreign spouse. It mentions the details of the recent tax returns and W2’s form along with other details.

Why essential: The US law has a norm to specify the financial particulars of the US spouse & the expat’s. This norm mandates disclosure of financial support that must exceed 125% or above the poverty guideline rate. If the income and assets don’t qualify the norm, a co-sponsor can contribute but to a definite limit. The co-sponsor can be more than one.

Form I-693

What: It’s a medical examination & vaccination report. The expat has to undergo medical checkup while seeking Fiancee visa. It is obtained from the civil surgeon who is authorized by the USCIS to be submitted with AOS form.

Why essential: It determines that the expat is physically fit and healthy. His/her blood has no traces of communicable disease and he/she is vaccinated as per requirement of the law. If the certificate has been obtained earlier when applied for fiancée via, no medication test would be required. The certification will be mandatory.

Form I-765

What: This form discloses the work permit which is also known as the Employment Authorization Document (EAD). It is not mandatory. Any expat is not permitted to work until he/she has obtained EAD or legal permanent residency, whichever is obtained first.

Why essential: It is required to get approval to work in the US. Unlike AOS, this permit can be applied shortly after entering the territory of the US on K1 visa. For seeking it, the expat needs Social Security Number but needs not require the EAD.

Form I-131

What: It’s a travel permit. You can call it the Advance Parole. It is not a mandatory document.

Why essential: It allows the expat to work (via I-765) and travel across the US.

How to Apostille NRIs Single Status Certificate in India?

May 26, 2016 Manoj Sodhani Comments 0 Comment

People emigrate to live up their dreams. Lavished life and successful career tempt and prompt them to fly to abroad. Some intend to attain degree or diploma in specific field. At that time, they have to pass through ordeals of paper work and attestation. Every country has a set of norms for the citizens and foreigners. Apostille facility has eased the procedure of immigration. It removes all the glitches and provides effortless way to get stamps of the competent government or semi-government authorities. …

What is Unmarried Certificate & What’s The Procedure to Get It?

May 13, 2016 Manoj Sodhani Comments 0 Comment

What is unmarried certificate?
Unmarried certificate has its meaning hidden in its name. It is an authentic legal evidence of an individual’s unmarried status. Be it an offer letter or registration for passport, one must mention one’s marital status.

Ticking on ‘single’ status declares that the person is single. Therefore, this certificate is also known as single status certificate/ bachelorhood certificate/CENOMAR (certificate of no marriage). …

S2NRI

Blog

Browsed by
Category: CENOMAR