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

[Mandarin86 0]

Just to update on this. @Verrou

 

We got some more documents including her birth certificate and her son's birth certificate.  Fiancé' has KTP and Family Card.  KTP show's Marriage  status as divorced.  Family card shows marriage status as  "Divorce has not been recorded" she is the only person that is on the family card and shows as head of household.  Her Sons Birth certificate shows the mother and father names, and states "whose marriage has not been registered in accordance with statutory regulations.".  Again, their is no Marriage Certificate or Divorce document to get from the government due to it not being a legal marriage.  But there are some documents like the KTP and Family card that show divorced.  Can the consulate pull these documents and may suspect she was married even though in Indonesia she is not nor was ever legally married in the eyes of the government.  

Edited November 17, 2023 by Mandarin86

[SalishSea 17,803]

3 hours ago, Mandarin86 said:

Just to update on this. @Verrou

 

We got some more documents including her birth certificate and her son's birth certificate.  Fiancé' has KTP and Family Card.  KTP show's Marriage  status as divorced.  Family card shows marriage status as  "Divorce has not been recorded" she is the only person that is on the family card and shows as head of household.  Her Sons Birth certificate shows the mother and father names, and states "whose marriage has not been registered in accordance with statutory regulations.".  Again, their is no Marriage Certificate or Divorce document to get from the government due to it not being a legal marriage.  But there are some documents like the KTP and Family card that show divorced.  Can the consulate pull these documents and may suspect she was married even though in Indonesia she is not nor was ever legally married in the eyes of the government.  

You can certainly petition her, but it will be a gamble.   You may waste up to two years of your time if you receive RFEs for documents that you cannot produce.   Good luck with whatever you decide to do.

[Verrou 1,962]

KTP and family card wont be needed for evidence. never is. i filed for consular processing for other people in Indonesia and never needed to submit those KTP and family card. i really think your fiance /gf should join this group and read the thread. and i agree with @SalishSea u can always try to petition her, but who knows about the result beside the consulate who will adjudicate the case. 

 

can the consulate "pull" data? maybe yes maybe not. AFAIK they cant pull a data like that to indonesian government. can they ask for more evidence, ABSOLUTELY. 

 

the whole thing about her marital status just messy in my opinion. i will still stand the same with my original opinion, she NEVER married in the eye of Indonesian government, but it seems to me based on ur posts, she afraid and worried and keep dwelling about that issue. i cant help that because thats what she believe. i can only tell u what i know. you should have a long discussion with her regarding on that.

 

good luck !

[Mandarin86 0]

Seeing if anyone has any advice on Nikah Siri from Indonesia.

Fiancé's previous marriage was Nikah Siri, and she divorced back in 2013.  Nikah Siri is religious Islamic marriage and is unregistered marriage not viewed as legal marriage by Indonesia Government.  She doesn't have official marriage certificates nor legal divorce documents because she was never legally married.  If I put she isn't married, and single on the I-129F form I feel like I am being untruthful.  But if I put divorced and she married before, they will require legal divorce document which I can not provide.  The best I might be able to get is a document in writing from the civil registry in Indonesia that there is no record of a registered marriage and divorce.  I'm not sure they do that or not, but I have let my fiancé know that we may need a document like this.

 

She said she can get a copy of what the village head sent to the Registry office about nikah siri and divorce, but I don't think USCIS would care about this.

Edited November 19, 2023 by Mandarin86

[D-R-J 192]

Look at the marriage and divorce certificate section here: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Indonesia.html

Unless I am mistaken, it looks like a divorce decree can be obtain at the Kantor Urusan Agama.

[D-R-J 192]

8 minutes ago, D-R-J said:

Look at the marriage and divorce certificate section here: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Indonesia.html

Unless I am mistaken, it looks like a divorce decree can be obtain at the Kantor Urusan Agama.

Sorry, reading more I think there is a strong case to say the previous marriage was never valid.

[Mandarin86 0]

Do I still need to disclose that she was married?  Her marital status as divorced etc?

[D-R-J 192]

By Indonesian law she was never married. 

[Chancy 6,241]

*** Merged related threads.  Please post your questions/updates related to this topic in this thread to keep the discussion in one place. ***

[Mandarin86 0]

If anyone is curious, I did get a response from the embassy in Jakarta that deals with visa's and they recommended putting her marital status as single and that she never married but including a statement page of her previous Nikah siri and including (non-legal) evidence of divorce.  so we will include the letter from the village head, and if we can get a document from the KUA showing no registered marriage we will include that.