How can we prevent visa issues if her stay expires?
I’m an Indian citizen, and my girlfriend is from the US. We are planning to meet in India after a long-distance relationship. We want to marry as soon as she arrives so she can convert her tourist visa to a spouse visa. I want to know, in case the process takes longer and her stay in India expires, how can we avoid this situation? If it happens, how can we deal with it without her having to return to the USA, as it is very expensive to keep traveling back and forth?
To prevent visa issues, ensure you apply for marriage under the Special Marriage Act (SMA) immediately upon her arrival, as the process requires a 30-day notice period. Before her tourist visa expires, she can apply for a visa extension or conversion to an X (spouse) visa through the FRRO (Foreigners Regional Registration Office). If delays occur, she should request a temporary extension citing the ongoing marriage and visa conversion process. Consulting an immigration lawyer or the FRRO early can help avoid complications.
To avoid any visa issues, your girlfriend should apply for the longest-valid tourist visa and immediately start the process of converting spouse visa (X-1) through the FRRO after marriage. If this process takes time, she needs to apply for an extension of her visa to avoid overstaying penalties. She may have to make a short exit and re-entry on some appropriate visa in case an extension is denied. The legal requirement can be followed by consulting an immigration lawyer or the FRRO.
Sir, if your girlfriend's tourist visa expires before you can marry, she can try applying for a visa extension at the FRRO, but extensions are not always granted. Alternatively, after marriage, she can apply for a spouse visa at the Indian consulate in the US. If needed, she might have to leave India temporarily to get the spouse visa. Consult an immigration lawyer for further guidance on the best approach. For further legal assistance contact us on our helpline number.
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