information for indian oci card process for same sex marriage

[italian]

Hi, everyone,
im italian, me and my indian partner we are legally married, in italy,and we live in italy, as partner of indian citizen (he still have indian passport), is possible for me request, the OCI Card?, my partner ask already many month ago via indian embassy in rome, they want my passport, my italian i.d. and same my partner, but after we send copy of our document, no reply any more from embassy, can i have more information if im in title to request OCI card,

thanks in advance for any information

[Donald_Trump]

italian Since Indian law doesn't recognize same sex marriage, I am afraid that you wouldn't be eligible for OCI.

[italian]

Thanks for the info Donald_Trump

[Vineet31]

I am former Indian citizen, I acquire us citizenship certificate and it say married but we are sanesex couple I applied for Indian citizenship renunciation certificate and mentioned married and filled out samesex spouse detail they issue renunciation of indian citizenship or not ? Other question if they renunciation certificate approve I have mention about my marital status when I applying for oci card I have to send marriage certificate to for add name in oci card or I have to choose optional as a single while apply for oci card please help me thank you

[webby]

Vineet31 for what it's worth, my wife just received her OCI card. She had no trouble getting her OCI card, even with my name on the marriage certificate. I'm even listed as her spouse in it!

Which leads to another question: is that normal? Or did they just assume I was a guy? We were under the impression that she would be processed a single for the purpose of Indian documentation, so we were very surprised when my name appeared on her card.

[arkaa]

Vineet31 for what it's worth, my wife just received her OCI card. She had no trouble getting her OCI card, even with my name on the marriage certificate. I'm even listed as her spouse in it!

Which leads to another question: is that normal? Or did they just assume I was a guy? We were under the impression that she would be processed a single for the purpose of Indian documentation, so we were very surprised when my name appeared on her card.

They probably just assumed you were a guy. The application only asks for the name & gender of the applicant, and the spouse's name if married. It doesn't ask for spouse's gender - kinda like a "don't ask, don't tell" policy.

I am former Indian citizen, I acquire us citizenship certificate and it say married but we are same sex couple I applied for Indian citizenship renunciation certificate and mentioned married and filled out same sex spouse detail they issue renunciation of indian citizenship or not ? Other question if they renunciation certificate approve I have mention about my marital status when I applying for oci card I have to send marriage certificate to for add name in oci card or I have to choose optional as a single while apply for oci card please help me thank you

If in the application you mention you are married, enter the spouse's name and provide a copy of the marriage certificate, then they will print the name of the spouse on the OCI. If you want your spouse's name on the card, then you could apply like webby's spouse did and hope that it flies under their radar.

If you claim single status and do not provide any details about your spouse, then you will get an OCI as a single person.

My advice, just apply as a single person and get your renunciation & OCI. Whether spouse's name is on the OCI card or not has no legal bearing at all. If you plan to live in India, it may provide some convenience when opening bank accounts etc., otherwise it has no other practical application. You would not be lying when you say you are single, as Indian Govt doesn't recognize same sex marriages, so your legal status with them is "single".

There are several court cases in India demanding recognition of same sex marriages, and sooner or later India will join the modern world, even if it does so kicking & screaming. At that time, you can update your OCI with your same sex spouse's name.

[vkota0515]

italian Donald_Trump - I am Indian by birth. I am now married to my same sex partner in US. I did the renunciation of my Indian citizenship in October 2020 and applied for OCI in February 2021. On my new OCI application I mentioned my husband’s name. They didn’t cause any issues. My OCI booklet shows his name as my spouse (and webby, arkaa, Vineet31, I do not think they assumed it was an opposite sex spouse). Now, my husband is in the process of getting an OCI for himself based on our marriage. They accepted the application, processed the supporting documents and asked us both to attend an interview. So we will know for sure if they would recognize our marriage certificate issued by American authorities. Our interview is in two days. So I will post a follow up to this with a status update.

[arkaa]

italian Donald_Trump - I am Indian by birth. I am now married to my same sex partner in US. I did the renunciation of my Indian citizenship in October 2020 and applied for OCI in February 2021. On my new OCI application I mentioned my husband’s name. They didn’t cause any issues. My OCI booklet shows his name as my spouse (and webby, arkaa, Vineet31, I do not think they assumed it was an opposite sex spouse). Now, my husband is in the process of getting an OCI for himself based on our marriage. They accepted the application, processed the supporting documents and asked us both to attend an interview. So we will know for sure if they would recognize our marriage certificate issued by American authorities. Our interview is in two days. So I will post a follow up to this with a status update.

Thanks for posting an update. And pls do post a follow-up after your interview, quite interested to know if they are recognizing same sex marriages. And please mention which consulate.

Good luck with your interview.

[Donald_Trump]

italian Donald_Trump - I am Indian by birth. I am now married to my same sex partner in US. I did the renunciation of my Indian citizenship in October 2020 and applied for OCI in February 2021. On my new OCI application I mentioned my husband’s name. They didn’t cause any issues. My OCI booklet shows his name as my spouse (and webby, arkaa, Vineet31, I do not think they assumed it was an opposite sex spouse). Now, my husband is in the process of getting an OCI for himself based on our marriage. They accepted the application, processed the supporting documents and asked us both to attend an interview. So we will know for sure if they would recognize our marriage certificate issued by American authorities. Our interview is in two days. So I will post a follow up to this with a status update.

Ok cool, that's good to know. Hope your spouse gets OCI. All the best.

[Boston2021]

italian Donald_Trump - I am Indian by birth. I am now married to my same sex partner in US. I did the renunciation of my Indian citizenship in October 2020 and applied for OCI in February 2021. On my new OCI application I mentioned my husband’s name. They didn’t cause any issues. My OCI booklet shows his name as my spouse (and webby, arkaa, Vineet31, I do not think they assumed it was an opposite sex spouse). Now, my husband is in the process of getting an OCI for himself based on our marriage. They accepted the application, processed the supporting documents and asked us both to attend an interview. So we will know for sure if they would recognize our marriage certificate issued by American authorities. Our interview is in two days. So I will post a follow up to this with a status update.

Hi there!
I am a US citizen and former Indian citizen in a same sex marriage. I have to send in my OCI application too. Do you recommend that i mention my spouses name and classify my status as "married"? Also would love to know your experience at the interview at the Indian Consulate? Wish things were more fair to everyone - esp with the current Indian govt. i dont see any improvement on the LGBT front.

[Dip2022]

I am in the same boat. Boston2021 did you apply as a single person or mentioned your same sex partner in the renunciation paperwork and OCI application?
Hi there!
I am a US citizen and former Indian citizen in a same sex marriage. I have to send in my OCI application too. Do you recommend that i mention my spouses name and classify my status as "married"? Also would love to know your experience at the interview at the Indian Consulate? Wish things were more fair to everyone - esp with the current Indian govt. i dont see any improvement on the LGBT front.

[Dip2022]

italian Donald_Trump - I am Indian by birth. I am now married to my same sex partner in US. I did the renunciation of my Indian citizenship in October 2020 and applied for OCI in February 2021. On my new OCI application I mentioned my husband’s name. They didn’t cause any issues. My OCI booklet shows his name as my spouse (and webby, arkaa, Vineet31, I do not think they assumed it was an opposite sex spouse). Now, my husband is in the process of getting an OCI for himself based on our marriage. They accepted the application, processed the supporting documents and asked us both to attend an interview. So we will know for sure if they would recognize our marriage certificate issued by American authorities. Our interview is in two days. So I will post a follow up to this with a status update.

Did your husband get the OCI card?

[Dip2022]

Hi there!
I am a US citizen and former Indian citizen in a same sex marriage. I have to send in my OCI application too. Do you recommend that i mention my spouses name and classify my status as "married"? Also would love to know your experience at the interview at the Indian Consulate? Wish things were more fair to everyone - esp with the current Indian govt. i dont see any improvement on the LGBT front.

Hi! Did you finally apply for the OCI card as a single individual?

[vkota0515]

italian Donald_Trump webby arkaa Vineet31 - so this is an update to my post earlier back in 6/6/21. We went in for the interview and the officer who talked to us first was very surprised because we are two guys coming in as a couple. He asked us to wait and said someone will be with us soon. While waiting, they asked us both to fill answers to a bunch of questions (which seem to figure out if we really are a couple and know each other well). About half an hour later the consulate general came in and told us he will conduct the interview. He started the interview saying we are the first same-sex couple to apply for OCI at the Chicago consulate (which I doubt it is, but it could be possible). He said he will conduct the interview because we were called to come to Chicago for this from Minneapolis. He asked us some of the questions from the questionnaires we filled out earlier. He also checked all the documentation, expressed concerns about the names on them (because I changed my last change during my citizenship). He eventually said that he has to refer our case to Delhi ministry and they will have to decide whether to approve or not. We left and since then I have followed up with the consulate a few times via emails and phone calls. Emails were never answered (they were answered when I contacted them for my OCI application process, but not this time). On phone calls, they just said it is still pending and they do not know when and if there will be a decision on this because same-sex marriage is not legal in India. So that's where we are after about 630 days since we applied. I don't think it will be processed at all, unless there is a shift in the policy.

[arkaa]

italian Donald_Trump webby arkaa Vineet31 - so this is an update to my post earlier back in 6/6/21. We went in for the interview and the officer who talked to us first was very surprised because we are two guys coming in as a couple. He asked us to wait and said someone will be with us soon. While waiting, they asked us both to fill answers to a bunch of questions (which seem to figure out if we really are a couple and know each other well). About half an hour later the consulate general came in and told us he will conduct the interview. He started the interview saying we are the first same-sex couple to apply for OCI at the Chicago consulate (which I doubt it is, but it could be possible). He said he will conduct the interview because we were called to come to Chicago for this from Minneapolis. He asked us some of the questions from the questionnaires we filled out earlier. He also checked all the documentation, expressed concerns about the names on them (because I changed my last change during my citizenship). He eventually said that he has to refer our case to Delhi ministry and they will have to decide whether to approve or not. We left and since then I have followed up with the consulate a few times via emails and phone calls. Emails were never answered (they were answered when I contacted them for my OCI application process, but not this time). On phone calls, they just said it is still pending and they do not know when and if there will be a decision on this because same-sex marriage is not legal in India. So that's where we are after about 630 days since we applied. I don't think it will be processed at all, unless there is a shift in the policy.

Thanks for posting the update. Sorry to hear that your spouse's OCI application was never completed. This is standard Indian bureaucracy tactic - neither approve nor deny, because that would mean they have to make a decision which implies they took a stand on the issue. Indian Babus know better than that - yeah, you won't hear back from them. Kudos for trying.

If you want to fight, you can file a petition in the Indian SC forcing the MEA to answer and clearly state the policy regarding India's stand on same sex marriages that are legally recognized in other countries. Because, I believe India is party to the agreement where they must recognize marriages & divorces that occur in other countries. For Ex: A couple can get married in India, then emigrate to US as a couple, then get a divorce in US and that divorce automatically applies in India also.