Indonesian Fiancé, No legal marriage or divorce from previous religious marriage [merged threads]

[Mandarin86 0]

2 minutes ago, Boiler said:

K1 would seem to be a bad option

can you elaborate why that would be?

[Boiler 45,449]

K1 is a bad option at the best of times, your situation just makes it worse.

[Mandarin86 0]

Well you haven't gave me any details on why this is, just general statement.  not so helpful in my mind

[Boiler 45,449]

With homage to the Cat

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1 
  More expensive than CR-1
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months) 
  Spouse can not work untila she/he receives EAD (approx 6-8 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 

[Verrou 1,962]

7 hours ago, Mandarin86 said:

She will have to get a New ID when she is back in the country.  Why do you ask?

Where is she now ? What do you mean with “when she is back in the country?”

 

You said she has no birth certificate but yet she has some short of ID. I tried to understand because you need birth certificate to get an ID to begin with. I just tried to find solution about her birth certification issue 

[Mandarin86 0]

To marry in Indonesia, you have to be same religion, She is muslim, and I am Christian, however we are not religious people especially me.  But her family is very religious and would like me to convert.  this is one of the reasons for K-1 otherwise I would have to convert to her religion.

[Mike E 11,739]

8 hours ago, Mike E said:

 

Did her husband and first wife have either a Akte Perkawinan or Surat Nikah?

 

2 hours ago, Mandarin86 said:

Well you haven't gave me any details on why this is, just general statement.  not so helpful in my mind

Likewise you are not answering all the relevant questions, such as that about ID, and my question about whether the husband and first wife were legally married.

 

So before I exit this thread, I will leave you with this:

 

* If her ex-husband was legally married to first wife he married your fiancée, then the marriage to your fiancée (his second wife) has no impact on her ability to get a CR-1 immigration visa. This because polygamy is not recognized by U.S. immigration. As far as U.S. immigration is concerned she is a single unmarried woman. 

 

* I have total empathy with the problem of a U.S. citizen trying to marry a woman in a foreign country that bans inter-religious marriage. For that reason we got the K-1. But you have options in 2023 that we did not have in 2018: namely the  Utah County Zoom Marriage. You can get married online, meet up, and start the CR-1 process.

 

* K-1 might be a problem because if the CO interviewing  her finds out she had a religious marriage with one man, the CO might suspect she had one with you. The onus of proof that she is not married is on her.

 

And so I’ve contributed all I can, and I don’t wish to argue or bicker, so I won’t post more in this thread.  

[SalishSea 17,803]

4 hours ago, Mandarin86 said:

Well you haven't gave me any details on why this is, just general statement.  not so helpful in my mind

It's a bad idea because of such horrendous documentation and the potential for fraud.  It would be better to marry legally and live together in her country to establish a bonafide marriage.

[Mandarin86 0]

10 hours ago, Mike E said:

 

Likewise you are not answering all the relevant questions, such as that about ID, and my question about whether the husband and first wife were legally married.

 

So before I exit this thread, I will leave you with this:

 

* If her ex-husband was legally married to first wife he married your fiancée, then the marriage to your fiancée (his second wife) has no impact on her ability to get a CR-1 immigration visa. This because polygamy is not recognized by U.S. immigration. As far as U.S. immigration is concerned she is a single unmarried woman. 

 

* I have total empathy with the problem of a U.S. citizen trying to marry a woman in a foreign country that bans inter-religious marriage. For that reason we got the K-1. But you have options in 2023 that we did not have in 2018: namely the  Utah County Zoom Marriage. You can get married online, meet up, and start the CR-1 process.

 

* K-1 might be a problem because if the CO interviewing  her finds out she had a religious marriage with one man, the CO might suspect she had one with you. The onus of proof that she is not married is on her.

 

And so I’ve contributed all I can, and I don’t wish to argue or bicker, so I won’t post more in this thread.  

We don’t know the answer to your first question.  But probably legit.  

all we know is my fiancé experience with her ex husband, is because of Siri, there was no record of her marriage or divorce, so legally it was never recognized by law.

 

thank you for your insight.  I don’t want to argue as well, you were saying something but not giving your reasoning so I wasn’t finding it to insightful until you gave details later.

[Mandarin86 0]

17 hours ago, Mike E said:

 

Likewise you are not answering all the relevant questions, such as that about ID, and my question about whether the husband and first wife were legally married.

 

So before I exit this thread, I will leave you with this:

 

* If her ex-husband was legally married to first wife he married your fiancée, then the marriage to your fiancée (his second wife) has no impact on her ability to get a CR-1 immigration visa. This because polygamy is not recognized by U.S. immigration. As far as U.S. immigration is concerned she is a single unmarried woman. 

 

* I have total empathy with the problem of a U.S. citizen trying to marry a woman in a foreign country that bans inter-religious marriage. For that reason we got the K-1. But you have options in 2023 that we did not have in 2018: namely the  Utah County Zoom Marriage. You can get married online, meet up, and start the CR-1 process.

 

* K-1 might be a problem because if the CO interviewing  her finds out she had a religious marriage with one man, the CO might suspect she had one with you. The onus of proof that she is not married is on her.

 

And so I’ve contributed all I can, and I don’t wish to argue or bicker, so I won’t post more in this thread.  

 

I'm intrigued by the Utah County Zoom marriage.  However we have already met and just a few weeks ago so It will not be quick to meet again due to work and planning.  I'm assuming we would have to meet and spend time together again after the marriage in her current country to consummate the marriage?  Then once this is done we can start the CR-1 application

[OldUser 6,608]

12 minutes ago, Mandarin86 said:

I'm assuming we would have to meet and spend time together again after the marriage

Yes

 

12 minutes ago, Mandarin86 said:

in her current country to consummate the marriage?  Then once this is done we can start the CR-1 application

Anywhere in the world. Doesn't have to be her country. As long as you have proof of being in the same city / town. E.g. flights, hotel reservation etc.

[Boiler 45,449]

I suppose it could be one second, there is no specified amount of time.

[Mandarin86 0]

On 9/22/2023 at 11:19 AM, Verrou said:

 

 

 

Hi Verrou:

 

We are still thinking about applying for K1.  and we are still on the fence a bit on this issue.  I take your reasoning that we would put the marriage never occured because there is no document or record showing, and Indonesia government does not legally support Niki Siri.  Since there is no record, no Marriage certificate, or divorce what would be the harm of saying she was never legally married?

 

If we say she was married, all we can do is say it was Niki Siri marriage, there is no document showing a marriage occurred legally, and we can not show any proof from Indonesian government.  They have to take our word for it.  She may be able to get something from the village head saying they were married and then divorced but it is not official document from the government.  This is our biggest worry right now.  

[Verrou 1,962]

24 minutes ago, Mandarin86 said:

Hi Verrou:

 

We are still thinking about applying for K1.  and we are still on the fence a bit on this issue.  I take your reasoning that we would put the marriage never occured because there is no document or record showing, and Indonesia government does not legally support Niki Siri.  Since there is no record, no Marriage certificate, or divorce what would be the harm of saying she was never legally married?

 

If we say she was married, all we can do is say it was Niki Siri marriage, there is no document showing a marriage occurred legally, and we can not show any proof from Indonesian government.  They have to take our word for it.  She may be able to get something from the village head saying they were married and then divorced but it is not official document from the government.  This is our biggest worry right now.  

If it’s not official document from the government , it’s not official. That’s the end. You can get document sign by the religious people from the mosque, again it’s not official or legal. 
 

i already told u what I know about Indonesian marriage legality. You can have many of nikah siri, but if you don’t file it to the government, it’s not legal. 
 

America only acknowledge legal document. You have to have paper trail for that. 
 

Either u pull the trigger or keep worrying and u won’t know the outcome. That’s all I can say. If it were me, I will marry your fiancee in indonesia and file for spouse visa. It’s cheaper and less hassle 

Edited September 30, 2023 by Verrou

[OldUser 6,608]

2 hours ago, Mandarin86 said:

They have to take our word for it.  

Unfortunately, no. They don't have to take applicant's words.