Complicated situation.. Please, i need advice. (merged)

[Lala20 0]

Hi everyone, I'm new to this forum. I'm a indonesian woman who's leaving in holland. I have a dutch husband But my marriage already not went good. It has been my plan to change my nationality into a dutch, so after divorce i can still stay in holland because of a family reason. So i have been waiting until 3 years then apply dutch passport. The excitement begin since i met a guy from Us Here in holland when he visited Holland for work, we were falling in love and in relatioship for more than 1 year already. He accepted all my condition. all the plan seem need to be change. To be honest i can't imagine i have to Move to US, kind a worry because i never been in the Us before. So, I applied tourist visa but i got denied twice. our relationship going to be really serious but of course i need to be officially divorce, but i need the status until i get my dutch passport and then apply for K1 visa.

My boyfriend told me it won't be a good overview story if i changed my passport into dutch and right the way we start apply K1 visa. He suggested me to just get divorce and we apply k1 visa right the way. Its really big risk for me.

Thts why my boyfriend lead me to this forum, so i can do research. He is support all my decision only he wants us to minimize a chance for visa's denial.

I wish i can have any advices from you all.. Many thanks.. Have a good day everyone.

[aaron2020 11,651]

It doesn't matter if you become a Dutch citizen or not. Your fiancé is wrong about getting Dutch citizenship.

[mallafri76 1,012]

So you've been in a relationship for a year with a US man while still being married to a Dutch man, whom you will divorce as soon as you have your Dutch citizenship and then you will begin the K-1 visa to immigrate to the US and marry the US man?! I think whether you have Dutch or Indonesian citizenship will be the least of your worries during your US visa process.

If you divorce now, wouldn't you still be allowed to stay in Holland?

[Lee&Ana 88]

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[NigeriaorBust 4,087]

You say you need the Dutch citizenship for family reasons but you are moving to the US. If you are thinking of travel reasons than your future US citizenship would allow that. Staying married to a man for a citizenship smacks of fraud. Every citizenship you have will have duties involved ( like being a US citizen means filing US taxes on your worldwide income ) If the Dutch citizenship is a fall back in case your current( or is that future ) relationship fails then I would suggest you are not in love enough to file a K1 for that relationship. You have gotten yourself in a relationship mess and you really should clean that up before doing anything else

[Lala20 0]

If i get divorce then I'm a illegal to stay in Holland.

Thats what my boyfriend also thought tht They can say its fraud if i stay on my plan to getting my dutch passport.

So do you think its the best way to do not trying Get the dutch citizens?

[Pitaya 2,576]

Welcome to the forum.

[Lala20 0]

Hello all, I have a very complicated situation that I am looking for advice on. I am an Indonesian woman who is 29 years old who moved to the Netherlands in October of 2011. My move to the Netherlands was supposed to be a temporary stay because I had enrolled in Dutch language courses and an au pair program. I ended up meeting a Dutch man during my stay in the Netherlands. We ended up getting married near the end of 2012 and I became a legal resident of the Netherlands. During this time, I began to establish my life in the Netherlands by learning Dutch and getting a job. My marriage with my Dutch husband went bad during this time frame. My family back home in Indonesia does not agree with divorce making it very difficult for me to make the decision to go back home to Indonesia and deal with them especially since I had already established a life in the Netherlands.

This was also when I met a man from the United States who was traveling to the Netherlands for business (March/April 2014). He is also the same age as I am. We fell in love with each other during his stay. He has spent more than a year total time in the Netherlands since we met and he makes frequent vacations with me throughout Europe. When he is on business in the Netherlands, we stay together at his hotel apartment much of the time since I still reside with my husband at his house. Our relationship has been quite serious for the whole time and my boyfriend understands the situation that I am in. I have never traveled to the US before and really wanted to meet my boyfriends family in person. However, I have been rejected for a tourist visa twice due to not being able to establish nonimmigrant intent. My boyfriend told me not to try for a visa again because it would just cause more suspicion and troubles later in the process should we decide to get a K1 Visa.

My boyfriend even came to visit Indonesia with me in December of 2015. During this stay, I introduced him to my mother. My mother has accepted my position and my new boyfriend. However, I will still have issues with other family members. I understand this sounds silly to a western culture, but family is very important where I live and my culture is quite conservative. It seems small, but it is a big problem for me.

There is a Dutch law that says one can apply for Dutch citizenship if they have been married for 3 years with their partner and have passed the required Dutch language exams. I have already passed my Dutch language exams and am already eligible to apply for a Dutch passport since we have also legally been married for three years. There is another Dutch law that states if one has lived continuously in the Netherlands for more than 5 years, then they are eligible for "continued residence" without having to apply for a Dutch passport. Since I moved to the Netherlands in October 2011, then I should be eligible for continued residence later this year.

We are at a point in the relationship where we want to start thinking about filing a K1 visa since we are really in love with each other and want to try to stay together permanently. My situation is so complicated now because as soon as I am divorced, I am not allowed to legally stay in the Netherlands any longer. Then I am required to move back to Indonesia to deal with the rest of my family.

I told my boyfriend that I want to get my Dutch passport since it will allow me to remain in the Netherlands. However, he thinks this is a really bad idea since I will get my Dutch passport and then immediately divorce and file for the K1. He says that there is a big risk that the US may deny our K1 visa if I get my dutch passport because it will look suspicious. He thinks the best option is to file for divorce now and then file for the K1 immediately afterwards, which would then mean I have to move myself back to Indonesia while we wait. He says that if I divorce now that there shouldn't be any problems with the K1 because we have so much proof that our relationship is real.

Could someone please offer their advice for my situation? Thanks

[Lala20 0]

Hello all, I have a very complicated situation that I am looking for advice on. I am an Indonesian woman who is 29 years old who moved to the Netherlands in October of 2011. My move to the Netherlands was supposed to be a temporary stay because I had enrolled in Dutch language courses and an au pair program. I ended up meeting a Dutch man during my stay in the Netherlands. We ended up getting married near the end of 2012 and I became a legal resident of the Netherlands. During this time, I began to establish my life in the Netherlands by learning Dutch and getting a job. My marriage with my Dutch husband went bad during this time frame. My family back home in Indonesia does not agree with divorce making it very difficult for me to make the decision to go back home to Indonesia and deal with them especially since I had already established a life in the Netherlands.

This was also when I met a man from the United States who was traveling to the Netherlands for business (March/April 2014). He is also the same age as I am. We fell in love with each other during his stay. He has spent more than a year total time in the Netherlands since we met and he makes frequent vacations with me throughout Europe. When he is on business in the Netherlands, we stay together at his hotel apartment much of the time since I still reside with my husband at his house. Our relationship has been quite serious for the whole time and my boyfriend understands the situation that I am in. I have never traveled to the US before and really wanted to meet my boyfriends family in person. However, I have been rejected for a tourist visa twice due to not being able to establish nonimmigrant intent. My boyfriend told me not to try for a visa again because it would just cause more suspicion and troubles later in the process should we decide to get a K1 Visa.

My boyfriend even came to visit Indonesia with me in December of 2015. During this stay, I introduced him to my mother. My mother has accepted my position and my new boyfriend. However, I will still have issues with other family members. I understand this sounds silly to a western culture, but family is very important where I live and my culture is quite conservative. It seems small, but it is a big problem for me.

There is a Dutch law that says one can apply for Dutch citizenship if they have been married for 3 years with their partner and have passed the required Dutch language exams. I have already passed my Dutch language exams and am already eligible to apply for a Dutch passport since we have also legally been married for three years. There is another Dutch law that states if one has lived continuously in the Netherlands for more than 5 years, then they are eligible for "continued residence" without having to apply for a Dutch passport. Since I moved to the Netherlands in October 2011, then I should be eligible for continued residence later this year.

We are at a point in the relationship where we want to start thinking about filing a K1 visa since we are really in love with each other and want to try to stay together permanently. My situation is so complicated now because as soon as I am divorced, I am not allowed to legally stay in the Netherlands any longer. Then I am required to move back to Indonesia to deal with the rest of my family.

I told my boyfriend that I want to get my Dutch passport since it will allow me to remain in the Netherlands. However, he thinks this is a really bad idea since I will get my Dutch passport and then immediately divorce and file for the K1. He says that there is a big risk that the US may deny our K1 visa if I get my dutch passport because it will look suspicious. He thinks the best option is to file for divorce now and then file for the K1 immediately afterwards, which would then mean I have to move myself back to Indonesia while we wait. He says that if I divorce now that there shouldn't be any problems with the K1 because we have so much proof that our relationship is real.

Could someone please offer their advice for my situation? Thanks

[gimbaless 0]

I really agree with your husband about the risk of denial. Your time back in Indonesia will not be that long of a duration with the K-Visa process and you need to distance yourself from your current marriage as soon as you can. You need other options when you go back to Indonesia than staying with your family. It will be a temporary situation that I am sure your future husband will help you with since he is already making great sense about the USA K-Visa process.

[JR loves JR 196]

You're right, it is complicated. So in November of this year, you will no longer be required to be married to your current husband in order to live in the Netherlands? How long does it take to get a divorce in the Netherlands? How long after your divorce do you have to leave the country (if the divorce finalized before November)? Does that extra time count towards continous presence? Let's say you legally have 3 months to leave after a divorce but those 3 months count towards the 5 years then as long as your divorce didn't finalize before the end of August, you'd make the 5 years.

IMO, you need to divorce your current husband because it seems that your marriage is no longer legitimate and could be looked on as fraud. Immigration fraud in one country will definitely harm your chances of immigrating to another country. The closer your divorce, getting status in the Netherlands, and your boyfriend petitioning you are, the more complicated your case will be. My advice is to file for divorce immediately and know that if it is final before your 5 year anniversary of arriving in the Netherlands than you will be doing your K-1 interview back in your home country. As awkward as that wait may be, it will be way more comfortable than dealing with problems caused the BIG red flag of immigration fraud you're currently waving.

Or you can continue with your plan to stay married until you file for citizenship or reach the 5 year mark (both of which I feel is fraud but I don't know ANYTHING about the Dutch legal system). If you choose to do that, I'd wait a good long while to file the K-1 after your divorce. It will allow you to gather more evidence of your new relationship that would help establish that it is in no way whatsoever just about immigrating to the USA. Whatever you choose, it doesn't sound like it's going to be easy.

Edited February 13, 2016 by JR loves JR

[Penguin_ie 5,986]

***** Three topics on the same issue merged. Please stop creating topics on the same or similar issues; if you have follow on questions, ask them as a reply in this thread *******

[R2B 2]

well, things always change, since you have been in Netherlands for long time, it does hurt to get citizenship.

It looks you are a PR of Netherlands , Do you have to keep married to apply for citizenship?

As we know, US PR could apply for US citizenship by themselves , just wait 2 more years.