DCF in Indonesia issues....previous marriage???

[Red Defense 0]

So way back in March 2009 I was living/working in Indonesia, and I got married and started the DCF process. It went rather smoothly, and was ALMOST completed, until the very end. The embassy discovered a previous marriage from my wife, but it was done in ANOTHER country ((Singapore)). Long story short, she left the man because of abuse, and it was long before ever meeting me. She tried to get the divorce done, but she could not and still can not find this man to begin the paperwork, and lawyers for this kind of thing can cost as much as $5,000 usd!!! So it was just not affordable. Because this previous marriage was done in Singapore, and it was NEVER registered with her home country of Indonesia, it was perfectly legal for us to get married in Indonesia. According to her Indonesian government, she was still single. So we got married, no problems. But at the last minute, AFTER all the other paperwork was completed for the DCF, the embassy asks her to get the divorce certificate. We can't!!!! I don't know what else to do, does anyone have any helpful advice? Are there any substitutes for this? My wife is too afraid to call the US embassy and explain, and I'm not too sure what to tell them either. Would they even bother listening? Do I need to talk to someone specific? Thanks in advice.

[Penguin_ie 5,996]

The marriage may not have been legal for the Indonesian government, but it was for the USA, which recognises foreign marriages. She will therefor need to find some way to get divorce or annul the marriage. How to do that will depend on the country- in many countries, if you can proof you have made a reasonable effort to find your estrange husband (adverts in the newspaper etc), you can get a divorce in absentia. Another option may be an annullment based on abandonment- again, it depends on the law of Singapore.

Your wife should not be afraid to call the US embassy. While they cannot waive the need for a divorce/ annulment, they may have some tips on how to obtain one.

[Red Defense 0]

The marriage may not have been legal for the Indonesian government, but it was for the USA, which recognises foreign marriages. She will therefor need to find some way to get divorce or annul the marriage. How to do that will depend on the country- in many countries, if you can proof you have made a reasonable effort to find your estrange husband (adverts in the newspaper etc), you can get a divorce in absentia. Another option may be an annullment based on abandonment- again, it depends on the law of Singapore.

Your wife should not be afraid to call the US embassy. While they cannot waive the need for a divorce/ annulment, they may have some tips on how to obtain one.

Well, 2 months later, at the tail end of the December deadline, and I have an update.

I call the US embassy in Jakarta, and explained the situation all over. The woman was kind enough to listen, and she asked me to type it all up, and email it to her. Then call her back after an hour. I did, she said she got the email, and that she would like to schedule an appointment for my wife to come in and be interviewed ((about this situation, we already completed our original interview months ago))

My hopes are up! But I'm not sure if they should be....this is no guarantee or anything. But they are willing to listen. My poor wife will be nervous as hell, because she's going to have to explain why she left this guy, explain the abuse, the stealing, etc. And now I won't be able to accompany her, because I'm back in the US.

But any thoughts? She has an appointment this month to go meet with them, and I'm assuming there will be an American officer there to interview her about it. They've changed their website, but I noticed that they can issue waivers for "certain circumstances" and I believe this certainly qualifies. We've completed EVERY other document that was required. It was turned in, on time, fees were paid, background/security checks were all clear....green light on everything. Until this mess started, and they asked for a divorce certificate, a letter from the police in Singapore stating she had no criminal activity, and a letter from the police in Japan stating the same thing. Well, she got those last 2 letters, she's good. It's just this damn divorce certificate....this guy is unreachable.

I've already explained it all, at length, both over the phone and in a 2-3 page email to the embassy. She'll likely be going in to do the same for her interview. There are no lies or stories we're feeding, this is all the truth. So I just hope there is something they can do. If they can't process the visa, and they can't offer a waiver, then I hope they'll atleast offer SOME other solution as to what she should do next.

What do you guys think?

And sorry for bringing an old thread back from the dead, but it's still an on going battle in my world.

[Penguin_ie 5,996]

I have no suggestion, but thanks for the update, and good luck to your wife!

[Likna 0]

How did the Embassy ever found out about your wife's previous marriage? Was she staying in Singapore for a long time? Did she get her visa by now?

[Red Defense 0]

How did the Embassy ever found out about your wife's previous marriage? Was she staying in Singapore for a long time? Did she get her visa by now?

Sorry for delayed response. They found out because during my wife's previous marriage, she attempted to travel to the US with her husband at that time, and she was denied. This naturally created a paper trail, which she foolishly thought would be on his name, not hers. She lived in Singapore for about 3 years, but not consistently. She made various return trips back to Indonesia, and never applied for PR status in Singapore. She also never registered her marriage with the Indonesian embassy there, thus she was still "single" when I met her. Sadly, almost a year later, she still does not have her visa. We are in the process of filing for her divorce, and her lazy ex is hiding from having to go to court because he doesn't want to pay for anything. We're not looking to sue him or anything, but apparently Singapore courts require his notification before continuing with the divorce process. I can't do anything until the divorce is finalized.

Edited May 6, 2010 by Red Defense

[Likna 0]

I understand that different countries have different requirements. Is it possible that in Singapore a person would get the divorce if the spouse doesn't show up for the courts for 3 times? I guess it is a coomon practice when a divorce is required by a person whose spouse is ignoring the divorce process. Again, Singapore may be different. Good luck guys!