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What Is Eligibility To Re-Marry
 Tirumala asks,
As a naturalized US citizen, I married an Indian citizen in India in 2001. We obtained a Hindu marriage certificate from a registrar of marriages in India. After some months of my spouse’s arrival in USA with K-3 visa, we got separated, and we both petitioned for divorce on the grounds of irreconcilable differences and took a divorce in US courts in 2003, hence received a divorce decree with signatures of both parties and a judge. A year later, I obtained PIO card and moved to a job in India. After 4 years of US divorce, I want to marry an Indian citizen now. Am I eligible to remarry in India now? Else, what remedies are possible?
 Dear Tirumala,
Yes. You are eligible to re-marry in India.
Hindu Ritual Marriage
Radha asks,
I am engaged to an NRI, who is going to become a US citizen in Jan'08. We plan to apply for my K-1 visa in Feb'08, which as per the guidelines should take about 6-8 months, which means by Aug-Sep'08 we should have my visa ready with us. Since we believe in Hindu mahurat system, we plan to get married in July 1st week (on an auspicious date). I have two questions to ask your advice on:
- Is it ok to get married as per the Hindu rituals here in India and still go for a fiancé visa?
- Keeping the recent regulation of compulsory registration of marriage by SC in mind, can we do without getting our marriage registered here in India? How does the govt. plan to ensure the efficacy of this regulation? Because if we really "have " to register our marriage in July, then I guess going for a fiancé visa will become a problem for us.
Dear Radha,
If during the pendency of your K-1 petition you marry your fiancé, you ceased to be a fiancé and would not be eligible to receive K-1 visa. If you hide the fact of your marriage and the consular officer finds out about the same, your visa may be denied on the ground of fraud or misrepresentation.
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