Marry in the US, then move back to Indonesia immediately

[Sarahmargaret 0]

Hello,

 

My Indonesian fiance and I sent in our i-129f in December 2016 and now we are waiting for the processing center to forward it to Jakarta, hopefully in April 2017. We plan to get married in the USA because in Indonesia, it is tricky to get married to someone of a different religion. Also, we just want to have an American wedding and want my family to be there.

 

We are confused about what happens after the marriage, however. If we were staying in the USA, I know that we report the marriage and fill out i-485 to apply for temporary residence for 2 years. However, we want to move back to Indonesia for about 5 years. We acknowledge that if we do so, we will have to apply for a spouse visa when we are ready to move to the US, pay all the fees again, and do the entire waiting and interview process again. This is what we feel will be best for our careers and new family. 

 

Does anyone have any experience with this? Is there a legal setback if we choose to do this? If we do this, do we have to report it to USCIS or we just get our marriage certificate and leave? Will we have trouble getting a tourist visa for him for those 5 years that we are living back in Indonesia? Hoping for some clarity...

 

Thanks so much!

Sarah 

[p-ana 933]

you won't need to report anything or do anything else. Just go back there and start your new lives together. 

As you know, when you're ready to be back, you'll have to go through the process all over again, with a spouse visa that is now taking about an year but it's hard to know in the future how long will actually take.

as for a tourist visa, if one doesn't have it already, its highly unlikely to get one when there's a us citizen significant other in the mix. It's a possibility but chances are slim

[Unlockable 7,314]

No problems with you marrying and returning to Indonesia.

 

When you are ready to return you will have to reestablish domicile in US and then file for spousal visa. 

 

Tourist visit will be tough to get. You already are showing immigrant intent. 

[Sarahmargaret 0]

@p-ana and @NuestraUnion 

 

Thanks for your replies! I didn't realize that a tourist visa would be difficult for him to obtain, so that is good to know as we make our decisions. 

 

How would we reestablish domicile in the USA if he does not have a way to get there until the CR-1 visa is approved? Is there a way for us to do this while living in Indonesia? I don't want to move home without him for up to a year while the process is pending! Thank you for your help. I really appreciate it. 

[usmsbow 801]

On 1/22/2017 at 5:44 PM, Sarahmargaret said:

@p-ana and @NuestraUnion 

 

Thanks for your replies! I didn't realize that a tourist visa would be difficult for him to obtain, so that is good to know as we make our decisions. 

 

How would we reestablish domicile in the USA if he does not have a way to get there until the CR-1 visa is approved? Is there a way for us to do this while living in Indonesia? I don't want to move home without him for up to a year while the process is pending! Thank you for your help. I really appreciate it. 

 

No, there is no way to do it while living in Indonesia, sorry.

 

As for getting a tourist visa, it really depends on the circumstances. Yes, it can be difficult, but if your income is average by US standards, and/or you own property etc, it shouldn't be a problem. 

[Penguin_ie 5,994]

No problem doing what you are planning.  Make sure your leaving the USA is recorded by the airline so the government doesn't think he is an overstay.

Tourist visa may be difficult, but might actually be easier than without the approved K1, as he had a chance of a greencard and did not take it; thus pretty much proving he does NOT wish to immigrate, as he had an easy way to do it legally.

 

When/ if you want to return, you can go for re-establishing domicile, and it is not that difficult to do from Indonesia, though a visit to the USA may be advised.  Show things such as looking for a job, signing a lease agreement or buying a home, enrolling any kids you have by then in US schools etc.