Hello, I am a us citizen who is engaged to an indonesian citizen living in Indonesia. We had planned to us a k3 visa to allow her to move to America, but then found out that most of the time a k3 application is administratively closed and processed as a CR1. So after looking into applying for a CR1 my fiance was told by a friend who used a k1 to enter America that using a CR1 will forfeit her ability to own or sell property in Indonesia without having a pre nuptial agreement. She doesn't plan to give up her Indonesian citizenship. I had read nothing saying that a indonesian citizen will lose their right to own or sell property in Indonesia if using a cr1 to enter America. But I have read about dual citizenship, and how if she becomes a us citizen that she gives up her right to own or sell property in Indonesia, but we would appreciate some clarification as to whether or not my fiance will lose those rights in Indonesia. Sorry for the long post. Thank you in advance.
CR1 visa help
As you most likely already know, current law only provides dual citizenship for the children of mixed Indonesian/other marriages. So yes, if your wife took US citizenship, she indeed would need to forfeit her Indonesian citizenship, and thereby, her right to own Indonesian property in her name.
That being said, there is movement within the government to expand dual citizenship beyond dependent children of mixed marriages. It seems very likely that this will eventually happen...but in how long...who knows? My brother in law (who sits in the DPR) is of the opinion that this could happen within a year.
If you "import" your wife to the US with only a green card, then she'll retain her Indonesian citizenship, but for her to safely purchase and own property here in Indonesia, yes, a pre-nuptial agreement will be necessary. That is also the case for foreigners married to Indonesians and living in Indonesia.
If Indonesia would to apply or allow its citizens to have dual citizenship.... it will be a blessing and become a progressive country indeed.
However, I have my doubts it is going to be that easy a hurdle.
- Currently children of mixed marriages must choose nationalities after they are 18.
- Very few countries in Asia allow dual citizenship. If my memory serves correctly, only Hong Kong is able to.
So if your wife wants to retain the ability to buy and own property at this short term. Don't lose the citizenship. And become permanent resident first in the USA.
"However, I have my doubts it is going to be that easy a hurdle."
http://www.thejakartapost.com/news/2015 … broad.html
Wow..... I missed that news by a whole berth.
Jokowi is going to end up with a lot of liberal policies. The wide ranging 30 days Exempt Visa is already amazing.
If his administration and term continues on, Indonesia is going to end up with a lot of progressive policies unparalled speed in this region.
The Bill is not out yet. It could be years still to be implemented. By then...
Lets hope it gets support by both houses without political grandstanding.
Politics have a nasty habit of ignoring common sense, so don't expect too much.
I'm unsure how much benefit to Indonesia as a whole dual citizenship will be, but I see it as a great leap forward for the increasing number of mixed kids growing up in this country.
To the OP.
All Indonesians have the right to own and trade land in Indonesia, but the lady would lose that right if she gives up Indonesian citizenship as the law stands at the moment.
The place she lives is of no matter.
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