Hindu Divorce and Bigamy in U.S. Immigration Law

1. Legal Background

In India, marriages governed by the Hindu Marriage Act, 1955 require that any divorce must follow the legal procedures prescribed by Indian law. This typically means obtaining a decree of divorce from a family court. Mere separation, abandonment, or community-based dissolution is not sufficient for U.S. immigration purposes.

U.S. immigration authorities recognize foreign divorces only if they are:

  • Final and valid under the laws of the country where they were obtained, and

  • Properly documented with official court orders and English translations.

2. Bigamy Risk

If a Hindu individual remarries without obtaining a formal divorce decree from an Indian court, the second marriage is considered invalid under Indian law and not recognized under U.S. immigration law either. This constitutes bigamy, which can lead to:

  • Denial of Form I-130 (Petition for Alien Relative), since the petitioner or beneficiary is not legally married;

  • Revocation of immigration benefits if the prior divorce was never valid;

  • Potential findings of fraud or misrepresentation, especially if the petitioner fails to disclose a prior existing marriage.

3. USCIS Viewpoint on Hindu Bigamy

USCIS and consular officers will generally scrutinize any case involving:

  • Lack of formal divorce decree from India,

  • Community or religious-only divorces (such as panchayat-based settlements), or

  • Simultaneous marriages without dissolution of the first.

These cases often result in Requests for Evidence (RFE) or denials, especially if the parties attempt to present a second marriage without documenting the legal end of the first.

4. Best Practices for Hindu Applicants

  • Always obtain a final divorce decree from a recognized Indian court under the Hindu Marriage Act;

  • Ensure the decree is translated into English and certified;

  • Be transparent in all immigration filings about prior marriages, including those that may have ended informally;

  • Avoid relying on religious or customary divorce mechanisms not recognized by civil law.

Example Scenario

A man marries in India under Hindu rites in 2010, separates from his wife in 2015 but never files for divorce. In 2022, he marries a U.S. citizen and applies for a green card.
USCIS will likely deny the petition, as the first marriage is still legally valid under Indian law, rendering the second marriage bigamous and void, even if validly registered in the United States.

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