CENOMAR from India in the US for Marriage

CENOMAR is required for getting married in a foreign country and it saves many women from fraud allowing the person marrying in a foreign country with his/her own spouse after calling them from the home country and makes sure they have fulfilled formalities of the country in which we are going to get married.

CENOMAR is the abbreviation of “Certificate of No Marriage”. This certificate is also called as bachelorhood certificate in India and there are few steps to get this certificate and this can be got online and can be attested by the Judicial Magistrate in the home country and even the person has to fill form 1-94 for this in the U.S. All the information is mentioned on this form for the purpose of marrying in the U.S. In countries like Thailand, Philippines and other European countries it is required to give a CENOMAR certificate.

What does CENOMAR contain?

  1. Complete name of the person.
  2. Complete name of the father.
  3. Complete maiden name of the mother.
  4. Date of birth.
  5. Place of birth.
  6. Complete name and address of the requesting party.
  7. A number of copies needed.
  8. Purpose of the certification.

What is I-94 form?

This form is like a ticket for the person to get married in U.S. country as many people think that the only visa is required for settling in the U.S. but this form is also mandatory and it is also kind of legal evidence of entry in the country.[1]

What does it state?

This form provides the following information:-

  • Date of entry of a person in the U.S.
  • Date of expiry of visa i.e. Date of Departure of the person.[2]

Who provides this form?

The U.S. country has appointed a committee called Customs and Border Protection for dealing with these kinds of affairs. They check for the valid passport, visa and other legal documents of a person. The non-immigrant person of U.S. has to undergo probing by the same. If the officer of the committee will get a satisfactory reply then the non-immigrant will get an entry in the U.S. After this all the officer stamps the passport of the person and writes down the date of entry along with the date of termination of stay of that person.

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How does this form help in getting married in the US?

When a person wants to settle down in the U.S. with the U.S. spouse during the stay after getting entry in the country then the person may have to face a lot of legal formalities of United States Citizenship and Immigration Services (USCIS) and at that time this form can be useful for that person for getting married in the country.[3]

 Solution for this problem is

The U.S. native should invite his/her foreign native on K1 visa as they both want to marry in the U.S. or the person can apply for the K3 visa if they are already married in any other foreign country this can be done before arriving to U.S. or the person can invite the foreign native on non immigrant visa and apply for the K3 or K1 visa on his/her behalf and also it will be the responsibility of the native spouse to file all the petitions before or on arrival of the foreign spouse. If the non-immigrant got the k1 visa then the United States Citizenship and Immigration Services (USCIS) will ask for the certificate of CENOMAR from his home country online or through a relative and that must be made attested through the magistrate along with an affidavit regarding the single status of that person. But this visa would be valid for 4 months only. If the person wants to have time period more than 4month for staying in the U.S. then they may apply for the K3 visa and after that form, I-130 and Form I-129 is to be filled for getting married with U.S. spouse.[4]

Steps to get proof of Single Status Online from India in the US

 If the Indian fiancé or spouse is in the US, he/she can authorize his/her relative to applying for CENOMAR via power of attorney.

  • The relative should visit the Magistrate or Sub-Divisional Magistrate of any court.
  • Submit the affidavit of unmarried certificate for completing this process.
  • Get it attested from the Magistrate, and then, from the Ministry of External Affairs.
  • Finally, it needs attestation from the US consulate.
  • The relative would send its scanned copy to the visa-seeker.
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Bachelorhood Certificate is required for getting married in foreign countries. Bachelorhood Certificate is needed to prove the marital status of a person in the foreign country. There is no uniform process to get Bachelorhood Certificate in India. Commonly it contains the seal and signature of a first class magistrate along with other formalities but for some countries, the Bachelorhood Certificate has to be attested by the Ministry of External Affairs as well.[5]

Conclusion

In nutshell, we can conclude that CENOMAR is required for getting married in a foreign country and it is a good policy as it saves many women from the happening of fraud and it even allows the person marrying in a foreign country with his/her own spouse after calling them from the home country and makes sure they have fulfilled formalities of the country in which we are going to get married.

Also read Ceremonies and Their Rigidity in a Hindu Marriage

[1] U.S. Customs and Border Protection, Official site for Travelers Visiting the United States, (Oct 15, 2017, 10:05 AM), https://i94.cbp.dhs.gov/I94/#/home.

[2] Supra note 1.

[3] Ibid.

[4] Supra note 1.

[5] Bachelorhood Certificate, Allied Legal (Oct. 15, 2017, 11:33 AM), http://www.alliedlegalonline.com/nri-services/bachelorhood-certificate-in-india.html.