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winterwawa
Joined: 06 May 2007
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Posted: Sun Dec 02, 2007 3:22 pm Post subject: Divorcing my korean wife |
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As a lot of people on this board already know, my korean wife left me and is now living with a guy in Australia. I have started divorce proceedings, but am now worried about my VISA status.
According to the Guidebook for Foreign spouses of Korean nationals at
http://www.immigration.go.kr/indeximmeng.html , if there is a divorce and the Korean spouse is at fault, immi CAN permit reissue of F-2-1 with a change of sponsor to job or close friend, and they CAN permit an F-5 if other conditions are met as well. (ie money and job)
I talked to the attorney who is handling my divorce and he said all these regulations are discretionary. That means, if the guy got laid the night before and is in a good mood, then he might approve the F-2-1 and/or F5, but they don't have too.
There is also a provision in the naturalization process that allows for naturalization in the case of divorce where the korean spouse is at fault. Not that I am crazy about the idea of giving up my citizenship to become a korean, so please don't ask my why I want to be a korean. That is not the point of this post.
My question is this: Does anyone on this board know of anyone getting an F5 or maintaining thier F-2-1 after getting a divorce from thier korean spouse? If so, can you give me any details about what they went through and how difficult it was? If it is your own personal experience and you would rather not post, please pm me and we can talk that way or make arrangements to meet up for a drink or something.
I am also not looking for dialogs about why she left me, any grammar or spelling mistakes, or flames from people like spiff and jinju. If you can't answer the questions or offer advise that will help me, please don't post anything. |
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SuperHero

Joined: 10 Dec 2003 Location: Superhero Hideout
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Posted: Sun Dec 02, 2007 3:37 pm Post subject: |
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There is a web site (can't remember the url) for spouse of Koreans. It's mostly women and they weren't keen when I posted questions from a male perspective, but that was a few years back. Anyhow if you find it, they had tons of resources and would probably know more than the perps here on Dave's.
Sorry to hear about your situation. Hope you get the visa issue straitened out in your favor. |
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tzechuk

Joined: 20 Dec 2004
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Posted: Sun Dec 02, 2007 4:30 pm Post subject: |
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ISKA, Superhero?
Let me ask on it for you, winterwara. |
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winterwawa
Joined: 06 May 2007
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Posted: Sun Dec 02, 2007 4:41 pm Post subject: |
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SuperHero, I have googled using every possible key word I can think of and all I have been able to find is what's in the guide book for foreign spouses. Do you remember if the site was in Korean or English?
tzechuk, thank you in advance for any help you may find. I have until October before I have to renew again, but I don't want to wait til the last minute.
Thanks again guys. |
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tzechuk

Joined: 20 Dec 2004
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SuperHero

Joined: 10 Dec 2003 Location: Superhero Hideout
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Posted: Sun Dec 02, 2007 5:16 pm Post subject: |
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tzechuk wrote: |
ISKA, Superhero?
Let me ask on it for you, winterwara. |
that's the one. |
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winterwawa
Joined: 06 May 2007
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Posted: Sun Dec 02, 2007 6:17 pm Post subject: |
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Thanks tzechuk. I see you have already posted my question as well. You are the best. I will keep an eye on that thread and see if anyone responds.
If anyone else has experience or information that would help, I'm all ears.
Thanks again. |
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mrsquirrel
Joined: 13 Dec 2006
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Posted: Sun Dec 02, 2007 7:23 pm Post subject: |
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winterewawa
I just binned the guide book.
It had in it something along the lines about it not being your fault then you can apply for an extension of stay without your spouse.
I think they difficult bit is showing that it's not your fault.
Also had a bit in it that if your husband beats you it's a good thing because it gives you evidence so you can stay. |
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winterwawa
Joined: 06 May 2007
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Posted: Sun Dec 02, 2007 8:17 pm Post subject: |
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mrsquirrel wrote: |
winterewawa
I just binned the guide book.
It had in it something along the lines about it not being your fault then you can apply for an extension of stay without your spouse.
I think they difficult bit is showing that it's not your fault.
Also had a bit in it that if your husband beats you it's a good thing because it gives you evidence so you can stay. |
I know, I have read the guidebook. What I want to know is if anyone has seen this done in real life. In other words, has immi ever actually extended the stay of an F2 or granted an F5 to someone in my situation? So far, I have not heard of even one case where they have, regardless of whose fault the divorce was. My attorney has only heard of one case and there were many extenuating circumstances that make it a much different case than mine.
BTW, I am the husband. |
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Captain Corea

Joined: 28 Feb 2005 Location: Seoul
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Posted: Mon Dec 03, 2007 12:06 am Post subject: |
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I hate to name names, but wasn't it a poster on this board that was talking about getting divorced a year or so back? I kind of think it was Cohiba (but big apologies if I'm mistaken). |
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winterwawa
Joined: 06 May 2007
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Posted: Mon Dec 03, 2007 12:10 am Post subject: |
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I think that was me. Still hasn't happened yet, due to the above. |
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CentralCali
Joined: 17 May 2007
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Posted: Mon Dec 03, 2007 3:33 am Post subject: |
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Not that I'm advocating vindictive behavior (okay, maybe I am), but why not mention to the appropriate folks in the Australian government that your wife is living with someone else and that you're getting a divorce for that reason? IIRC, Australia still has the "of good moral character" requirements for immigration. |
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peppermint

Joined: 13 May 2003 Location: traversing the minefields of caddishness.
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Posted: Mon Dec 03, 2007 4:04 am Post subject: |
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A friend of mine got divorced from his K-wife a few years ago, and he's still in Korea, working two jobs legally. . I don't really know details regardiing his visa status, but it sounds like he did what you're asking about.
It's a delicate sort of thing to ask about, but I'll see what I can find out for you
Last edited by peppermint on Mon Dec 03, 2007 4:06 am; edited 1 time in total |
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winterwawa
Joined: 06 May 2007
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Posted: Mon Dec 03, 2007 4:05 am Post subject: |
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CentralCali wrote: |
Not that I'm advocating vindictive behavior (okay, maybe I am), but why not mention to the appropriate folks in the Australian government that your wife is living with someone else and that you're getting a divorce for that reason? IIRC, Australia still has the "of good moral character" requirements for immigration. |
That moral character stuff is a joke. Ever been to Sydney?? Half the city is owned by asians. Australia is just another version of Korea. And, unlike Korea where I have to let immi know when I change address, in Australia she can move anywhere and she doesn't have to report her address. Believe me, I have tried everything to get her deported back to Korea, including turning her name and passport number into the Sdyney police with evidence that she is a habitual drug user (something I didn't know until my attorney translated the journals she left behind). She's gone and there is no use wasting more time and money trying to find her. I just want a way to keep my VISA. |
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Mr. Pink

Joined: 21 Oct 2003 Location: China
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Posted: Mon Dec 03, 2007 5:37 am Post subject: |
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Here is the thing OP: In Korea adultery is illegal. Obviously if she is with another guy, she is breaking the law, and you should be able to prove that she was totally in the wrong. What does your lawyer say about playing the adultery card to immigration? The proof could be she abandoned you for another guy...don't know how much more simple that gets.
I wonder if you've ever thought of having a newspaper article written on your situation. The whole drug use thing is interesting. I know in the West, when they write one of those "hard luck stories" something is ALWAYS done in favor of the person who has been screwed over. |
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