Visitor Visa or Immigrant Visa (US) for Indonesian Wife?

[Mister Bule]

I am an American citizen. I married my wife in Indonesia last December (Muslim marriage). We have obtained Catatan Sipil, although it is not required for Muslim marriages, for the purpose of registering our marriage with the US embassy and making it "legal" (recognized) by the US and other foreign governments - although we haven't yet registered with the embassy.

I am currently working here in Indonesia and intend to work outside the US for the rest of my working life (I am 47). We do not have any intention or plan at this time to ever live in the US or stay there long term, but I want to be able to take my wife there at some point in the next couple of years to meet my relatives and friends there, jsut take a holiday and for my wife to have some real sense and understanding of my country from the inside. We may want to stay there for some time in the future (maybe several months to a year or so) to help care for my mother who is now 80, but my wife has no real desire to become a permanent resident or citizen of the US and that idea doesn't really fit our "life plan" at this time...

But it seems that USCIS assumes that a US citizen who marries a foreign national wants to bring her/him to the US as a permanent resident, and that anyone who says they just want to visit is immediately suspect of wanting to immigrate backdoor, therefore having to mount an affirmative defense to this crime (prove they are not guilty), in advance of being granted the opportunity of committing the crime.. . ya'kan?

With this in mind I am really bingung about how to proceed about applying for a visa for her to enter the US... if I should apply for Immigrant Visa (K3?) for her, in spite the fact that she has no plan to immigrate, or just apply for Visitor Visa (B2)... ?


Seems like B2 is the simplest and most honest way to go... the best being if they would grant a multi-entry, longer term visa... but since they assume she wants to immigrate, maybe better to just say that and apply accordingly, although not true.... 'cos if they don't believe us /her, they might deny the B2... ? Am I being smart or stupid by thinking this way (I really don't know)?

Any advice would be greatly appreciated... minta ma'af for the longwinded post.

[redsnapr]

Are you aware of the waiting times the applications for spouse's visa have? It could take more than 1 year after your application is submitted before your wife gets her K3 approved. I'm not up to date on the cost of the visa but it is over USD 400 for the application alone. As far as I know, if your wife leaves the US and doesn't come back at least once every year she will loose her resident permit.

In case you choose to go for the B2, it is she (not you) the person applying for the visitor's visa. That means, she'll have to provide convincing evidence she has strong economical ties to Indonesia that will assure her return. This could be pay stubs of a steady, well paid job, property, own business, etc. If she presents herself at the embassy with your financial support information alone, it is very likely her B2 application will be denied.

For more information on the K-3 and B-2 visa processes, look here:

Nonimmigrant Visa for a Spouse (K-3)

Visitor Visas - Business and Pleasure

[Mister Bule]

Tq red... it seems like the B2 is the way for us to go, but yes I am concerned about the "proof" that she will not try to backdoor immigrate since she is no longer working and does not own property... maybe if her parents transfer the title of their house to her name would help.. ? From what I read on the US govt (immigration and visa) sites themselves about the documentation and interview process seems like it is so subjective decision made by some person who maj jsut be in a bad or good mood that day... for example they say that you have to bring tons of documentation, but admit that the interviewing officer may not even look at the documentation you bring... yet, they can also deny the application for lack of documentation.. or if the applicant seems nervous or too excited, etc...

Actually it isn't the end of the world for us if they won't give her a visa - it just means that she can't go there and if I go we will be separated for that lenght of time - it would piss me off royally with my country's government, but it jsut operates as a bureaucratic machinery which by it's nature does not "care" - I know that from the outside and in as I have worked for the US Fed before.

Thanks for the advice, guess we will jsut prepare the best we can for the docs and interview - oh, some expats did tell me that it may help if we or she make several trips outside Indonesia, and come back... which we could do although that will take more time and money, even if the trips only to Penang, etc...