Korean Job Discussion Forums

[xCustomx]

I've been busy applying for a K1 visa for my girlfriend, but I heard that the K3 visa might be a better option and reduce the processing time. We are planning to move to America next year, sometime around June-September. Has anyone here had any recent experience with either the K1 or K3? If so, could you please PM me, as I'd like to ask some questions. Thanks

[Buff]

We started the U.S. immigrant visa process in August with the I-130 petition and got approval on that at the end of September. We're in the second phase now and our final interview is in just a few weeks. If all goes well, hubby will have his visa by the middle of December and we'll be outta here by January.

I don't really know wether fiance or spouse visas go quicker, but I know for sure that petitioning for an immigrant visa at the US Embassy-Seoul is a hell of a lot faster than it is to petition through the USCIS Processing Centers stateside. Our case will be about 4 months start to finish.

Read all instructions and forms carefully and when you go to petition, have your stuff organized in a file/envelope to lessen the chance of any paper mix-ups. Make copies of all your stuff.

[Buff]

Oh and if you're married less than 2 years when you petition it's an IR(conditional) visa rather than a K3.

[IamBabo]

Hi Buff,

So, is it better to wait to file for the immigrant visa? I have been married about 7 months and was going to apply for the immigrant visa, but I am not going home anytime soon, maybe in 7 years. I am doing it because the Embassy says that it is "highly recommended" that I apply as soon as possible after I get married. But, it looks like you waited 2 years to apply and it seems to be going well for your spouse. Should I wait too? If I wait then it won't be a conditional visa, right? Any advice would be appreciated.

Thanks...

BABO

[Buff]

It's no big deal to have the conditional visa. That's what my husband is getting (We've been married just over a year). You fill out the same forms, etc. Your spouse still gets a green card. They just have to fill out a form within 90 days of the second anniversary that adjusts them to permanent status. Once they're permanent, they can reside in the US even if your marriage ends.

Also, the I-130 petition (the first phase) is valid as long as the relationship lasts(although if you let it go longer than a year you have to notify the embassy), but once the immigrant visa is issued, whether it is IR or K3, your spouse has 6 months to enter the US or you have to start all over again.

Other than having to file for an adjustment, it doesn't really make a difference how long you've been married. What's important is how soon your spouse intends to enter the US.

I'd say, start a year before you plan to move back just to give yourself plenty of time to prepare things and to allow room for error. We're doing it all in a rush against the clock and it's stressful.

Oh and make sure you're filing your tax returns. They check the last three years' worth.

[Buff]

I thought I'd update this thread to let you know how our timeline went. Hope this helps.

August 9th- Filed I-30 in Seoul at the US Embassy (it took about two weeks to get this appointment)

October 26- Received a notice of I-130 petition approval along.

November 1- Received Packet 3 via email (Packet 3 is the 2nd round of documents you need to prepare: DS 230, Affidavit of Support, Police Certificates, Medical Exam)

November 30- Requested final interview appointment.

December 14th Final Interview- Approved. Will receive passport w/ visa stamp in 5 business days.

So this was just over 4 months from start to finish. It could have been a few weeks faster for us, but we had to wait for a police certificate to be sent from Fiji and things don't exactly move quickly there. If your spouse has only lived in Korea, getting the police certificate takes 24 hours or less.

As an English teacher in Korea, your biggest issue will be your Affidavit of Support. This is for two reasons:

1. While your income is most likely the required 125% of the poverty guidelines, it isn't continuing income (your contract ends and then you're out of a job before you move to the US) To overcome this you either need to have substantial assets (5x the required income amount) or you need to get a joint sponsor (a parent whose income would be at or above the poverty guideline for his/her household plus the immigrant).

2. Domicile- you need to prove that you are domiciled in the US. You can use various kinds of evidence.

Proof that you are taking steps to relocate to the US (job offer, lease agreement, proof of enrollment in school, a copy of your contract showing its end date, etc.)

Evidence of a permanent mailing address, active US bank accounts, current voter's registration, copy of a state tax return.

There was a guy next to us who was not approved because he hadn't sufficiently proved domicile, so provide ample evidence.

As far as I know, getting a fiance visa is still fairly straightforward, but there will be a greater burden of proof to show that your marriage will not be fraudulent. You have to provide a lot of evidence that you have a valid relationship.

So...for anyone hoping to apply for their spouse's green card, Direct Consular Filing is the way to go. It's faster and you don't have to be seperated from your spouse.

OP good luck, whichever way you decide to go!

[xCustomx]

Thanks a lot for the update. I'm actually not married yet, so I filed the I129-F and the USCIS received my application about a week ago. Direct consular filing for a fiance visa is not allowed, otherwise I would have gone that route since it is generally faster. I'm expecting it will take about 6-8 months to get everything approved and the visa in hand for my fiance.

[Netz]

Both the K visas require that you show finnancial liability in sponsorship of the /fiancee/spouse, in the form of verifiable assets. If you do not qualify, you will need to find a family member willing to do so.


With the loosening of travel visas for Koreans going to the US, there's another way that was told to me by an Arizona immigration officer years ago.

If you HAVE NEVER filed any documents with any government, just fly to Vegas (seperate purchase tickets), and get married.

When immigration interviews you, tell them it was love at first sight, and you just met in Vegas.

The stipulation is, that it wasn't pre-arranged. In other words, YOU NEVER KNEW EACH OTHER BEFORE.

Congratulations, you just moved to the front of the line. Only 2 years to the permanent residency.

[Atavistic]

[Julius]

[rusty1983]

Dont get married, she probably isnt worth it

[nicholas_chiasson]

[Netz]

[Atavistic]

[maximreality]

Is there really a fiance-visa or was that just a typo? That means non-married, right?