In September 2018, we published an article discussing issues faced by couples (visa applicants) who had registered the marriage under The Hindu Marriages Act (HMA), without completing the necessary rituals as prescribed under this Act. This can be found here.

Over the past few weeks, we have noticed that there is an increase in the number of dependent U.S. visa applicants who have been found inadmissible for potential misrepresentation / fraud under INA Sec 212(a)(6)(C)(i) and their respective spouses being found ineligible for alien smuggling under INA Sec 212(a)(6)(E). We understand that some of these marriages were performed by Bogus Arya Samaj Mandirs in Ghaziabad / Faridabad. A recent news article in the Times of India reported that the Uttar Pradesh police had registered cases against at least six Arya Samaj Managers in Ghaziabad for issuing forged temple certificates.

We understand that couples with genuine intent of getting married were misguided by some lawyers / agents that it is valid to have the wedding registered at the Arya Samaj Mandir, without performing the prescribed rituals. Believing this to be true and based on information posted by them on online forums, many couples with genuine intent of getting marriage use this Arya Samaj Mandir to expedite the registration of marriages.

Unfortunately, the unscrupulous managers in the so-called Arya Samaj Mandirs in Ghaziabad issued fake temple certificates by performing limited or no rituals. Believing these temple certificates to be genuine, these were used to register the marriage with the authorities. We understand from a few applicants that they were duped under the pretext that all rituals and ceremonies required for genuine marriage under Arya Samaj and/or HMA were performed. Applicants had limited knowledge or no knowledge on Arya Samaj marriages and ended up being inadmissible to the United States by using these certiticates in support of thier application for a dependent U.S. visa.

Anyone who has been found inadmissible would need a favourable decision for a non-immigrant or immigrant visa waiver to enter the United States. Adjudication standards for such waiver applications are very stringent, and this is a very time-consuming process. In trying to save time, one may end up not being able to visit the United States forever. We urge U.S. visa applicants not to trust any shortcut methods to save time and to follow the local laws to avoid ending up in this situation. If they are in doubt, the parties to marriage may look up the consular website or contact a qualified and knowledgeable immigration attorney to avoid ending up in this situation. Attorneys at Murthy Immigration Services are available to advise on such matters.