unmarried certificate Archives

How NRI Can Get Certificate of No Impediment?

February 23, 2021 Manoj Sodhani Comments 0 Comment

Being an NRI, you need to have a certificate to show that you are single and have no dependent from previous marriage.

How do you get it?

Here are some ways to get it.

To know how to get a certificate of no impediment, you need to follow two ways:

by applying in person at the Indian Embassy in the country where you live
by sending documents signed in front of a local Public Notary via post

First Method: From Embassy

Make an appointment at the Embassy as earlier as one month before the marriage to notify that you are going to marry with a foreigner
Enclose photocopies of all supporting documents needed to verify your claim for the single status affidavit in India
Show proof of your employment and residence in the foreign for the Certificate of No Impediment by means of residence permit, air ticket, etc.
Annex the original Decree Absolute if you have been married before and divorced/ marriage annulled
Show the Notice of Marriage and affidavit of your parents

Second Method: Attesting Documents from India

For this, you need to send the documents for attestation and notarization to the competent authorities like the court, SDM and the Ministry of External Affairs (MEA).

Checklist of supporting documents:

Aadhaar Card
Scanned copy and origin Notice of Marriage
Affidavits for notarization and attestation or apostille
Dully filled application form for the certificate
A certified copy of your valid passport
If widowed, Death Certificate of previous spouse (and Marriage Certificate)
Deed Poll if you have changed your name

The non-residents may send all these documents to Embassy by themselves or relatives or friends can also do this job on their behalf. If you have an attorney, make sure that he has a signed letter that reads about the given authority.

Fee Structure

SDM attestation – INR 2000 to INR 3000 (as per location)
Fee for Notary – INR 350
Fee for Attestation – INR 105
Fee for Apostille – INR 50

How long does it take?

Since it’s a time-consuming task, you need to raise a request one or two months before your marriage. The attestation may take many weeks, as it has to go through many stages from the competent authorities in India.

Besides, you need to keep into account that there are four authorized outsourcing agencies that are competent to place a request for attestation with. You need to ask them, as the MEA or the state government does not attend any direct request for this.

What does it read?

As aforementioned, you need to enclose two affidavits, one –for yourself and another-for your parents. Being a sworn statement, it should include all these details so that the authorities can verify them with the enclosed supporting documents.

Date of birth:It is compulsorily asked by the authority before attesting.
Passport number: It is a legal document that shows nationality and also the authentication number, which one has to mention for getting this certificate.
Complete address:This detail helps the competent authority to tap the affiant’s country and residential information.
Witness’ statement: This statement is essentially required to support affiant’s claim of this certificate. So, provide it with the applicant’s docs & affidavit.
Competent authority’s verification: The competent authorities verify the authenticity of the presented documents. Therefore, the affidavit’s closure should mention this sentence:
“I solemnly confirm that all the above information is true and correct.”
Date of verification and signature: The applicant has to mention the date of filing for the affidavit along with his/her signature.

How NRIs Apply for Single Status Letter for Marriage?

February 12, 2021 Manoj Sodhani Comments 0 Comment

Single status letter for marriage is known as single status affidavit in India. Non-residents require it when they are likely solemnize marriage with a foreigner. It is an oath attested by the court, which reveals that the affiant is single.

In general, the foreign authorities like PSA or Philippines Statistics Authority are set up in the European and some Asian countries that administer such requests. But since India has no provision to check for the bachelorhood status of even the foreigner, we don’t have any authority, but the court to look into this matter.

Three Single Status Letters Required

Yes, you read it right. You need three single status letters for marriage. But, these all should be drawn by the applicants (both spouses) and their parents from the court.

An affidavit is a sworn statement, affirming that the boy or girl who is going to marry is single. In short, you declare the details related to your matrimonial status, date of birth and address. These all details are shared in front of the deponent, who creates this statement on your behalf.

The deponent monitors your approach and every expression to analyse the genuine interest. Since it shows facts that are true to his knowledge through the statement of the witnesses, it can be used as the evidence in any court later at any point of time.

Letter Formats of Applicant

“I, (name of the applicant), s/o or d/o (parents’ name) born on (D.O.B) in (place of birth), am eligible to solemnize marriage according to the jurisdiction of India and foreign. I am single (for unmarried)/ & have no dependent from the last marriage (for divorcee/widowed). ”

Letter Formats of Applicant’s Parent

“I (name of parents), of (age, like 50 years), married citizens of India or foreign with legal address…sworn by the law, hereby states that I’m the guardian/ parent of (the applicant’s name) born on (D.O.B) in (address). We are the evidences of the fact that he/she has never been married with any man/woman till today (for unmarried).

Or, he/she is divorced now and has no dependent relation from the last marriage (for divorcee).”

Once you draft it, the court verifies your oath with the original documents of your address and date of birth. You need to enclose them with the sworn document.

Documents needed

In short, the verification requires these documents to be verified:

You need to submit the aforesaid Affidavits.
Enclose either AADHAR CARD or PASSPORT as an address proof of the applicant.
Provide documents such as Birth certificate/schooling certificate as a proof of birth.
Attach a letter from his/her parents stating that “the applicant is single” and enclosing their Aadhar cards.
For Divorcee applicant, submission of Decree Absolute is necessary
Likewise, the deceased spouse’ death certificate is required if the would-be spouse is widowed.

Process to Follow

Every court has notary public, who drafts it. Once it is drafted, the affiant needs to get it attested from the State Home Department or Sub Divisional Magistrate (SDM). So, the NRIs can select either of these two ways to get it attested. Later, it is sent to the MEA for apostille stamp or its attestation.

MEA apostille (stamp) on the ‘SINGLE STATUS CERTIFICATE’ is enough if one is going to marry in the country, which is listed in The Hague Convention list. Otherwise, your single status certificate needs to be verified with the MEA prior to getting EMBASSY ATTESTATION.

In all, your document is verified thrice by different authorities in India. The state verification takes relatively long time in processing because the state authentication has to cross check every detail’s authenticity. Once it’s done, it is forwarded to the MEA for counter-attestation.

The MEA verifies it quickly, but through registered agents or NRI services providers. It is completed in less time because the authority only puts stamp, but no background verification.

Validity Expires in 6 Months

You should remember that the validity of this document lapses in six months. So, make sure that your marriage will be solemnized within that time period. Otherwise, you need to start the application procedure from the scratch.

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.

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 Apply for Unmarried Certificate Attestation India?

June 8, 2016 Manoj Sodhani Comments 0 Comment

A valid declaration for having freedom to marry is termed as unmarried certificate. Unmarried certificate affidavit is also an important form. It is a self-declaration that identifies the affiant unmarried. These both certificates and other documents, including national identity card, photocopy of passport, address proof, appointment letter, decree absolute (if divorcee), death certificate of previous spouse and change of name proof (classified of newspaper) etc.. The applicant has two options for getting unmarried certificate attested, i.e. online and in-person. The Ministry of External Affairs (MEA) is a signing authority that attests all the documents of the applicant. If the application is sent online to the official website of the regional consul, the applicant must scan all the documents and then, send. As far as fee is concerned, it can be sent through online payment option utilizing debit card, credit card or cheque. It will take 10 business days to complete the entire processing.

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