Can a US citizen still use the K-1 visa to get soon-to-be Indonesian wife to the U.S after holding a traditional Muslim wedding in Indonesia (w/ out registering at Civil Offices)?

[brushy222 0]

So, I am a 36 year old US citizen from Vermont and I met the sweetest, kindest Indonesian girl on OkCupid about four or five months ago. We talked for months, had an amazing connection, and I finally bit the bullet and took a trip over there to see if she was real and also to meet her in person. We hit it off instantly and fell in love very quickly. She is Muslim (28 y.o), and Indonesian Muslims take the culture and the religion very seriously. They also strongly encourage Indonesian girls who are Muslims to tie the knot and get married before the parents let them leave to the foreign country (United States in this case) and start their new life with their new spouse. And her parents are no exception; they are very traditional. I have been looking into getting the K-1 visa process started ASAP as I know there is a long Wait once the I-129 F is filed. In fact, we have already started the I-129F. The K-1 seems to be a much more simple and far quicker way to go vs. the CR-1. But, there’s a problem; her parents won’t let her leave to the USA (once the K-1 visa is approved) until a traditional muslim wedding ceremony is held with her and her entire family in Indonesia, so we can get the Buku Nikah (which is the official marriage certificate for Indonesian Muslims). This is a problem, it seems, because, from all the research I’ve done and everything I've read, you cannot apply for the K-1 if you’re already married, even if you don’t register your marriage with the Civil Offices in Indonesia (which you don’t have to do for Muslim weddings). We would not register with the civil offices, so I thought I would still be able to do the K-1 but I am now thinking that is not true…. You might ask me; why not just do the CR-1 visa after having the wedding ceremony in Indonesia? And the answer is; for several reasons. First, I can’t apply for that visa until we are married, which is not going to be quite yet, at least not in the next several months, so that’s gonna add a lot of time to the already long visa approval process. Second, I want to spend some more time with her before getting married!  But, perhaps the most important issue that I have with marrying there first and then doing the CR-1 is the fact that I will have to marry her, and then leave and head back to the United States, alone, without my wife. That just does not feel right to me and I don’t think I can do it. Can someone else provide insight on this? Any help or guidance would be much appreciated. I’m so sad about this.

[SalishSea 17,823]

51 minutes ago, brushy222 said:

So, I am a 36 year old US citizen from Vermont and I met the sweetest, kindest Indonesian girl on OkCupid about four or five months ago. We talked for months, had an amazing connection, and I finally bit the bullet and took a trip over there to see if she was real and also to meet her in person. We hit it off instantly and fell in love very quickly. She is Muslim (28 y.o), and Indonesian Muslims take the culture and the religion very seriously. They also strongly encourage Indonesian girls who are Muslims to tie the knot and get married before the parents let them leave to the foreign country (United States in this case) and start their new life with their new spouse. And her parents are no exception; they are very traditional. I have been looking into getting the K-1 visa process started ASAP as I know there is a long Wait once the I-129 F is filed. In fact, we have already started the I-129F. The K-1 seems to be a much more simple and far quicker way to go vs. the CR-1. But, there’s a problem; her parents won’t let her leave to the USA (once the K-1 visa is approved) until a traditional muslim wedding ceremony is held with her and her entire family in Indonesia, so we can get the Buku Nikah (which is the official marriage certificate for Indonesian Muslims). This is a problem, it seems, because, from all the research I’ve done and everything I've read, you cannot apply for the K-1 if you’re already married, even if you don’t register your marriage with the Civil Offices in Indonesia (which you don’t have to do for Muslim weddings). We would not register with the civil offices, so I thought I would still be able to do the K-1 but I am now thinking that is not true…. You might ask me; why not just do the CR-1 visa after having the wedding ceremony in Indonesia? And the answer is; for several reasons. First, I can’t apply for that visa until we are married, which is not going to be quite yet, at least not in the next several months, so that’s gonna add a lot of time to the already long visa approval process. Second, I want to spend some more time with her before getting married!  But, perhaps the most important issue that I have with marrying there first and then doing the CR-1 is the fact that I will have to marry her, and then leave and head back to the United States, alone, without my wife. That just does not feel right to me and I don’t think I can do it. Can someone else provide insight on this? Any help or guidance would be much appreciated. I’m so sad about this.

Nope.   You will have to go there and get married and then petition her.

 

Not sure where you’re getting that K-1 is “far quicker” than CR-1.  The net difference overall is maybe a couple of months.   Either option will take up to two years.

[OldUser 6,636]

K-1 is not quicker than CR-1. It's longer (if you count time until getting GC) and more expensive.

 

Any hint of unofficial wedding, especially religious can void K-1. I would strongly suggest CR-1 route or do not play with religious wedding. Either way you're going to be separated for about 2 years, whichever route you choose. But in addition to 2 years overseas, with K-1 you'll have to add another 12-18 months to get GC. She'll get GC at least a year quicker with CR-1

Edited March 29 by OldUser

[Boiler 45,481]

K1 is a bad option

 

There is a term we use here, too married for a K1 not married enough for a CR1.

 

Register and file the I 130

[Crazy Cat 41,844]

6 hours ago, brushy222 said:

So, I am a 36 year old US citizen from Vermont and I met the sweetest, kindest Indonesian girl on OkCupid about four or five months ago. We talked for months, had an amazing connection, and I finally bit the bullet and took a trip over there to see if she was real and also to meet her in person. We hit it off instantly and fell in love very quickly. She is Muslim (28 y.o), and Indonesian Muslims take the culture and the religion very seriously. They also strongly encourage Indonesian girls who are Muslims to tie the knot and get married before the parents let them leave to the foreign country (United States in this case) and start their new life with their new spouse. And her parents are no exception; they are very traditional. I have been looking into getting the K-1 visa process started ASAP as I know there is a long Wait once the I-129 F is filed. In fact, we have already started the I-129F. The K-1 seems to be a much more simple and far quicker way to go vs. the CR-1. But, there’s a problem; her parents won’t let her leave to the USA (once the K-1 visa is approved) until a traditional muslim wedding ceremony is held with her and her entire family in Indonesia, so we can get the Buku Nikah (which is the official marriage certificate for Indonesian Muslims). This is a problem, it seems, because, from all the research I’ve done and everything I've read, you cannot apply for the K-1 if you’re already married, even if you don’t register your marriage with the Civil Offices in Indonesia (which you don’t have to do for Muslim weddings). We would not register with the civil offices, so I thought I would still be able to do the K-1 but I am now thinking that is not true…. You might ask me; why not just do the CR-1 visa after having the wedding ceremony in Indonesia? And the answer is; for several reasons. First, I can’t apply for that visa until we are married, which is not going to be quite yet, at least not in the next several months, so that’s gonna add a lot of time to the already long visa approval process. Second, I want to spend some more time with her before getting married!  But, perhaps the most important issue that I have with marrying there first and then doing the CR-1 is the fact that I will have to marry her, and then leave and head back to the United States, alone, without my wife. That just does not feel right to me and I don’t think I can do it. Can someone else provide insight on this? Any help or guidance would be much appreciated. I’m so sad about this.

Don't do it.  There are multiple cases here on VJ which were denied for trying to obtain a K-1 after a traditional marriage.  You would be wise to marry, then start the spousal visa process.  As stated above, the processing times are not much different, while the CR-1 is far superior.

 

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 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 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. 
   

 

 

 

[TexasRafael 134]

It is far cheaper to just register your marriage in Indonesia and then move with a CR1 visa.  The wait is about the same with the added benefit that the US Embassy in Indonesia does the interviews so fast, (due to so low immigration from there to the US.) Then once your spouse arrives in he US the green card and social arrive within a few weeks and she is set.   The CR1 is far better than the K1.  

[Lemonslice 4,836]

On another note, the immigrant is also much better protected with a spousal visa, and I am sure her family, and herself, will appreciate that.  Best of luck!  

[beloved_dingo 1,976]

15 hours ago, brushy222 said:

So, I am a 36 year old US citizen from Vermont and I met the sweetest, kindest Indonesian girl on OkCupid about four or five months ago. We talked for months, had an amazing connection, and I finally bit the bullet and took a trip over there to see if she was real and also to meet her in person. We hit it off instantly and fell in love very quickly. She is Muslim (28 y.o), and Indonesian Muslims take the culture and the religion very seriously. They also strongly encourage Indonesian girls who are Muslims to tie the knot and get married before the parents let them leave to the foreign country (United States in this case) and start their new life with their new spouse. And her parents are no exception; they are very traditional. I have been looking into getting the K-1 visa process started ASAP as I know there is a long Wait once the I-129 F is filed. In fact, we have already started the I-129F. The K-1 seems to be a much more simple and far quicker way to go vs. the CR-1. But, there’s a problem; her parents won’t let her leave to the USA (once the K-1 visa is approved) until a traditional muslim wedding ceremony is held with her and her entire family in Indonesia, so we can get the Buku Nikah (which is the official marriage certificate for Indonesian Muslims). This is a problem, it seems, because, from all the research I’ve done and everything I've read, you cannot apply for the K-1 if you’re already married, even if you don’t register your marriage with the Civil Offices in Indonesia (which you don’t have to do for Muslim weddings). We would not register with the civil offices, so I thought I would still be able to do the K-1 but I am now thinking that is not true…. You might ask me; why not just do the CR-1 visa after having the wedding ceremony in Indonesia? And the answer is; for several reasons. First, I can’t apply for that visa until we are married, which is not going to be quite yet, at least not in the next several months, so that’s gonna add a lot of time to the already long visa approval process. Second, I want to spend some more time with her before getting married!  But, perhaps the most important issue that I have with marrying there first and then doing the CR-1 is the fact that I will have to marry her, and then leave and head back to the United States, alone, without my wife. That just does not feel right to me and I don’t think I can do it. Can someone else provide insight on this? Any help or guidance would be much appreciated. I’m so sad about this.

I'm just going to address this part of your post in bold. Dealing with U.S. Immigration and deciding the best options for your situation often means taking emotion out of the equation, as hard as it can be. Being in a long distance relationship, especially with differing cultures, requires compromise and adjusting your expectations. In this case, the best choice for you and your future bride is the CR-1. This is a fact. Another fact is that both options (K-1 or CR-1) involve extended time apart, other than visits, for up to two years. 

 

If you are not ready to get married, then spend more time together in person and get married at a later date. However, I must point out that it is really splitting hairs to be okay with doing the traditional Muslim wedding ceremony but not be okay with getting married "on paper". 

[JeanneAdil 6,498]

Are u muslim ?   

According to the traditional interpretation of Islamic law (sharīʿa), a Muslim man is allowed to marry a Christian or Jewish woman but this ruling does not apply to women who belong to other Non-Muslim religious groups, whereas a Muslim woman is not allowed to marry a Non-Muslim man of any Non-Muslim religious group.

 

and no, u will be considered married under the laws of Islam ,  her family and the country   

and IMAM will register it

Edited March 29 by JeanneAdil

[Verrou 1,962]

If you are not ready to get marry then k1 is the way. That’s why u got 90 days for you to get marry and you already file it anyway. U already spent the money for the I-129F fee. How long ago did you file for k1 ?

 

Either her family compromise with K1 -means no wedding whatsoever (moslem or not moslem, not even religious marriage) or if they refuse (typical) u just bit the bullet and get marry over there then file for CR1 obviously only if u actually wanna do it. I have few moslem Indonesian lady who came to the states with K1 and never ever did religious marriage whatsoever before they leave. Can always do the big wedding later in Indonesia once she got her GC

 

ps. I’m Indonesian so I think I know what I’m talking about 

 

Edited March 29 by Verrou

[PokuPoku 24]

On 3/29/2024 at 3:28 PM, JeanneAdil said:

Are u muslim ?   

According to the traditional interpretation of Islamic law (sharīʿa), a Muslim man is allowed to marry a Christian or Jewish woman but this ruling does not apply to women who belong to other Non-Muslim religious groups, whereas a Muslim woman is not allowed to marry a Non-Muslim man of any Non-Muslim religious group.

 

and no, u will be considered married under the laws of Islam ,  her family and the country   

and IMAM will register it

Yea, this is what I'm wondering. My fiancee is muslim, and I'm an atheist. We can't get married in Malaysia (very similar country to Indonesia). Even if not a legal wedding, it certainly wouldn't be a traditional wedding for a muslim woman to marry a non-muslim man.

[Boiler 45,481]

18 minutes ago, PokuPoku said:

Yea, this is what I'm wondering. My fiancee is muslim, and I'm an atheist. We can't get married in Malaysia (very similar country to Indonesia). Even if not a legal wedding, it certainly wouldn't be a traditional wedding for a muslim woman to marry a non-muslim man.

So this is not a possible scenario anyway.

[JeanneAdil 6,498]

13 hours ago, Boiler said:

So this is not a possible scenario anyway.

He may be Muslim 

he doesn't day

If not,  He can convert and get the document to say he has gone thru the oath

[Boiler 45,481]

13 hours ago, PokuPoku said:

My fiancee is muslim, and I'm an atheist. 

Seems not

[SneakyPete 75]

On 3/28/2024 at 10:40 PM, OldUser said:

K-1 is not quicker than CR-1. It's longer (if you count time until getting GC) and more expensive.

If the goal for a couple to be together regardless of LPR status, K-1 is likely faster for most countries.