|
Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
|
| View previous topic :: View next topic |
| Author |
Message |
nudefotographer
Joined: 10 Dec 2007
|
 Posted: Thu Dec 13, 2007 10:41 pm Post subject: divorce & visas |
 |
|
Hi,
I'm new here. I've been lurking for a while, but I signed up so that I could ask a question.
I'm married to a Korean girl. We met in the States and got married there. We came to Korea and I got an F2 visa. For personal reasons, she wants to end our marriage. I think her parents have a lot to do with it, but that's neither here nor there.
At the moment we're living apart and she's pushing me to sign the divorce papers. What I want to know is, my F2 visa is valid for 2 years. It expires at the end of 2008. If we divorce, does that mean my F2 visa is automatically revoked? Or can I stay on the visa and then I have to change visa types (probably back to E2) after the visa expires in 2008?
I've looked around but can't find the info on Korean govt sites.
I've also searched here, but nobody has provided info about my particular case.
All relevant help will be very welcomed. |
|
| Back to top |
|
 |
winterwawa
Joined: 06 May 2007
|
| Posted: Thu Dec 13, 2007 11:10 pm Post subject: Re: divorce & visas |
|
|
| nudefotographer wrote: |
Hi,
I'm new here. I've been lurking for a while, but I signed up so that I could ask a question.
I'm married to a Korean girl. We met in the States and got married there. We came to Korea and I got an F2 visa. For personal reasons, she wants to end our marriage. I think her parents have a lot to do with it, but that's neither here nor there.
At the moment we're living apart and she's pushing me to sign the divorce papers. What I want to know is, my F2 visa is valid for 2 years. It expires at the end of 2008. If we divorce, does that mean my F2 visa is automatically revoked? Or can I stay on the visa and then I have to change visa types (probably back to E2) after the visa expires in 2008?
I've looked around but can't find the info on Korean govt sites.
I've also searched here, but nobody has provided info about my particular case.
All relevant help will be very welcomed. |
It depends on the immigration officer. Immigration can do pretty much what ever they want, all the rules are discretionary.
Read the following thread. I can recommend an attorney, but it is expensive.
http://forums.eslcafe.com/korea/viewtopic.php?t=106884&highlight= |
|
| Back to top |
|
|
drkalbi
Joined: 06 Aug 2006
|
| Posted: Fri Dec 14, 2007 1:32 am Post subject: |
|
|
| Don't sign the divorce papers until after your f visa has expired. Why does she need the divorce so quickly? Make her sweat it out a while. |
|
| Back to top |
|
|
Juregen
Joined: 30 May 2006
|
| Posted: Fri Dec 14, 2007 6:14 am Post subject: |
|
|
Tell her that you will agree with signing the divorce papers AFTER you get the F-5 Visa  .
For your own comfort. |
|
| Back to top |
|
|
winterwawa
Joined: 06 May 2007
|
| Posted: Fri Dec 14, 2007 5:30 pm Post subject: |
|
|
| To get an F5 the OP and his wife will have to show that they have lived together IN KOREA for at least two years on his current F5. It doesn't sound to me like they have met that requirement. What I don't understand is why she waited to come to Korea to ask for a divorce. Sounds to me like there is more to this than what the OP is telling. Having said that, I don't blame him, I shared my story on this forum and most people were more critical of me than my wife and she's the one breaking the law. |
|
| Back to top |
|
|
nudefotographer
Joined: 10 Dec 2007
|
| Posted: Sat Dec 15, 2007 4:42 pm Post subject: |
|
|
Sorry, i've been busy and couldn't reply.
Thanks for the comments.
That's the full story. I'm American and we got Married in the States. She didn't say much about her parents at the time. She agreed to come back to Korea to work and after we moved back here is when the trouble started.
Her parents have a lot of money and my wife is an only child. I suspect (even though she's not telling me) that they've threatened her with the money some how, because they want grandchildren but don't want little half breeds.
Anyway, I have got some information. My wife told me that it takes 3 months to get in front of a judge. THen the paperwork is done and our Korean divorce is finalized. However, we have to still get a divorce in the States if I want to remarry there.
She said that she has to go to immigration and declare that she no longer wants to be my sponsor. After which, immigration gives me a 3 month grace on my visa so that I can either change it or leave the country.
THe 3 month grace period was apparently introduced because of all the Korean men (Korean farmers mostly) marrying Cambodian and Vietnamese women and then dumping the women when the marriage was no longer convenient (and it seems that Koreans are quite good at that!).
**So, effectively, I get 6 months.**
If she doesn't go to immigration, they'll say and do nothing. My wife says that immigration wont know and don't care aboutthe divorce proceedings until she tells them.
So she said that if she drags her heels I can stay in KOrea on my visa for another year-ish.
I think that's a suitable arrangement. I can work a year then head back to LA. But I can't find any information to verify what she said. |
|
| Back to top |
|
|
winterwawa
Joined: 06 May 2007
|
| Posted: Sat Dec 15, 2007 5:14 pm Post subject: |
|
|
| nudefotographer wrote: |
Sorry, i've been busy and couldn't reply.
Thanks for the comments.
That's the full story. I'm American and we got Married in the States. She didn't say much about her parents at the time. She agreed to come back to Korea to work and after we moved back here is when the trouble started.
Her parents have a lot of money and my wife is an only child. I suspect (even though she's not telling me) that they've threatened her with the money some how, because they want grandchildren but don't want little half breeds.
Anyway, I have got some information. My wife told me that it takes 3 months to get in front of a judge. THen the paperwork is done and our Korean divorce is finalized. However, we have to still get a divorce in the States if I want to remarry there.
She said that she has to go to immigration and declare that she no longer wants to be my sponsor. After which, immigration gives me a 3 month grace on my visa so that I can either change it or leave the country.
THe 3 month grace period was apparently introduced because of all the Korean men (Korean farmers mostly) marrying Cambodian and Vietnamese women and then dumping the women when the marriage was no longer convenient (and it seems that Koreans are quite good at that!).
**So, effectively, I get 6 months.**
If she doesn't go to immigration, they'll say and do nothing. My wife says that immigration wont know and don't care aboutthe divorce proceedings until she tells them.
So she said that if she drags her heels I can stay in KOrea on my visa for another year-ish.
I think that's a suitable arrangement. I can work a year then head back to LA. But I can't find any information to verify what she said. |
Actually, for an uncontested devorce it takes only about 3 weeks, not three months. All you have to do is go to the Law Building in Seoul, fill out some documents and then wait two-three weeks. They make you wait so that you have time to think about what you are doing and hopfully change your minds.
You will then go back to the law building and wait for two to three hours until your name is called. You will be taken in front of the judge and he will ask if you both want a devorce. If either of you say NO, the divorce will not be granted. If both say yes, the divorce is signed by the judge and you are single. She will then have to take the divorce documents to the local GU office and ask that your divorce be applied to the family registry and that your name be removed as her husband.
To get the divorce recognized in America, all you have to do is go to the US embassy in Seoul and get the divorce document notorized. (the fee is 30USD, I think)
So, in fact, you can be divorced in both countries in less than a month. She also does not have to go to immigration. You are the one who has to go to immigration, and that has to be done within 15 days after the divorce. However, it would be better if you both go together. That way she can explain to the immigration officer that the divorce was her fault and that you really did not want a divorce. If she will do this for you, then they are likely to allow you to keep your F-2 (however, you may need a new sponsor, so talk to your boss first and see if they will sponsor you on an F2) until it expires and then you will have to chose whether to stay in Korea on an E2 or go back home.
When you go to immigration, take your contract from your job showing that you are employeed and get a sealed, offical document from your bank showing howmuch money you have. Save as much as you can between now and then as 30,000,000 is normally the amount they want to see, but you can get buy on less, especially if your boss will sponsor you.
If you go home, you then can take the embassy notorised divorce papers to the department of vital statistics in the state where you were married and they will delcare the divorce on your records and you can then remarry.
I don't know where your wife got her information, but what she told you is not even close to correct.
On another point, if it is true that she is divorcing you due to the parents not wanting mixed race grand children, she may want to rethink her decission. Most Korean men won't touch her if they find out she has been married to a waygook. So, she may never have kids at all.
Besides, in my experience, once the parents realize that the foreign husband actually takes better care of their daughter than a Korean would, they usually lighten up and gradually accept the foreigner into the family.
I personally think there is more going on than she is telling you. Koreans are notorious liers and have a hard time with the truth in any form. If I were you I would dig deeper and find the real reason for this.
Good luck. |
|
| Back to top |
|
|
Cheonmunka
Joined: 04 Jun 2004
|
| Posted: Sat Dec 15, 2007 5:36 pm Post subject: |
|
|
Yeah, it seems a bit odd. However, it took four older siblings' normal relationships to turn to crap before my parents in law decided that having me in the family might be better, and I have proven that I am. While the other wives are going thru divorce, getting beaten a bit, getting cheated on and losing millions of won to gambling, I think they realize that my wife might have it better.
Unfortunately your parents in law don't seem to recognize that it's not gonna be a bad thing. |
|
| Back to top |
|
|
nudefotographer
Joined: 10 Dec 2007
|
| Posted: Sun Dec 16, 2007 1:55 am Post subject: |
|
|
| winterwawa wrote: |
So, in fact, you can be divorced in both countries in less than a month. She also does not have to go to immigration. You are the one who has to go to immigration, and that has to be done within 15 days after the divorce. However, it would be better if you both go together. That way she can explain to the immigration officer that the divorce was her fault and that you really did not want a divorce. If she will do this for you, then they are likely to allow you to keep your F-2 (however, you may need a new sponsor, so talk to your boss first and see if they will sponsor you on an F2) until it expires and then you will have to chose whether to stay in Korea on an E2 or go back home.
When you go to immigration, take your contract from your job showing that you are employeed and get a sealed, offical document from your bank showing howmuch money you have. Save as much as you can between now and then as 30,000,000 is normally the amount they want to see, but you can get buy on less, especially if your boss will sponsor you.
I don't know where your wife got her information, but what she told you is not even close to correct. |
The problem, as I see it, is that although english is an official state language, the documentation for such things is incredibly difficult to find. I was looking on the immigration website for info regarding visas, and there's not much there. the section on divorce doesn't cover what happens either.
What's the best source for this kind of information? Aside from going to immigration? Last time I went to immigration, I spoke to two different people who told me two completely different stories.
I'm relying on my wife, which is the opposite of what I'm being told here. I really need to get some kind of official setof procedures in English, so I can judge for myself.
THere's a big difference between 6 weeks and 6 months.
Actually, I wouldn't care too much but my job is with a company who will only hire F visa holders. I lose my visa and I lose my job. I odn't know anyone who'd sponsor my visa (take over sponsorship from my wife, that is).
So, without the visa, I'm screwed. It's back to the States and my crap postal job. 
BTW, winterwawa, thanks for the help. I was reading about your situation too. Sorry about that. Good luck with it amigo. |
|
| Back to top |
|
|
winterwawa
Joined: 06 May 2007
|
| Posted: Sun Dec 16, 2007 2:42 am Post subject: |
|
|
| nudefotographer wrote: |
| winterwawa wrote: |
So, in fact, you can be divorced in both countries in less than a month. She also does not have to go to immigration. You are the one who has to go to immigration, and that has to be done within 15 days after the divorce. However, it would be better if you both go together. That way she can explain to the immigration officer that the divorce was her fault and that you really did not want a divorce. If she will do this for you, then they are likely to allow you to keep your F-2 (however, you may need a new sponsor, so talk to your boss first and see if they will sponsor you on an F2) until it expires and then you will have to chose whether to stay in Korea on an E2 or go back home.
When you go to immigration, take your contract from your job showing that you are employeed and get a sealed, offical document from your bank showing howmuch money you have. Save as much as you can between now and then as 30,000,000 is normally the amount they want to see, but you can get buy on less, especially if your boss will sponsor you.
I don't know where your wife got her information, but what she told you is not even close to correct. |
The problem, as I see it, is that although english is an official state language, the documentation for such things is incredibly difficult to find. I was looking on the immigration website for info regarding visas, and there's not much there. the section on divorce doesn't cover what happens either.
What's the best source for this kind of information? Aside from going to immigration? Last time I went to immigration, I spoke to two different people who told me two completely different stories.
I'm relying on my wife, which is the opposite of what I'm being told here. I really need to get some kind of official setof procedures in English, so I can judge for myself.
THere's a big difference between 6 weeks and 6 months.
Actually, I wouldn't care too much but my job is with a company who will only hire F visa holders. I lose my visa and I lose my job. I odn't know anyone who'd sponsor my visa (take over sponsorship from my wife, that is).
So, without the visa, I'm screwed. It's back to the States and my crap postal job.
BTW, winterwawa, thanks for the help. I was reading about your situation too. Sorry about that. Good luck with it amigo. |
Okay, I didn't want to go into this, but I guess I have to since I openned the can of worms, so to speak. First, you won't find this information on any English website, in Korea, or anywhere else. The reason I know that what I told you is true is because I have been divorced from two Korean women. The first time it was an uncontested divorce and what I told you above is the exact steps we took to get the divorce. Nothing has change since then. I know, because my second wife wanted to take the easy way out and get an uncontested divorce. I told her that I would tell the judge that I didn't want a divorce, so that is why we are getting a contested divorce. A contested divorce is the only way I can get a judgement from the courts saying she is at fault.
As for your F2 and immigration, the reason you were told two things from two different people is because the immigration laws are NOT laws. They are regulations and therefore can be applied at the discression of the officer you are dealing with. If he likes you, or if he got laid last night, or if what ever puts the guy in a good mood happened just before you talk to him, he will give you what you want. If not, if he/she is in a bad mood, he will rule against you. It su*cks, but that's how it works.
So your best bet would be to tell your wife that you will sign the papers for an uncontested divorce AFTER you have renewed in 2008. Make her wait a while so you can earn some cash before going back to the states. There is no reason to rush this unless she has met someone and is cheating on you. If that is the case, get proof and sue her and her wealthy family for 30,000,000 won.
In fact, if I were you, I'd contact an attorney and sue her now. According to Korean law, she does not have grounds for a divorce. If she wants one -- make her pay you. That's what a Korean would do.
I will be in Seoul Thursday for a while. If you want to meet up and talk about this in person, I'd be happy to meet with you. I have a meeting at noon that will take a couple of hours, so I should be free by 2 or 3pm at the latest. PM me with your a phone number and I'll give you a call. |
|
| Back to top |
|
|
nudefotographer
Joined: 10 Dec 2007
|
| Posted: Sun Dec 16, 2007 2:59 am Post subject: |
|
|
Hey Bro,
Sorry. I didn't want you to divulge such personal information. But thanks for telling me all that. I appreciate it.
I'm going to call her tomorrow and tell her that I'm not signing papers until I'm satisfied.
THanks again. |
|
| Back to top |
|
|
winterwawa
Joined: 06 May 2007
|
| Posted: Sun Dec 16, 2007 3:38 am Post subject: |
|
|
| nudefotographer wrote: |
Hey Bro,
Sorry. I didn't want you to divulge such personal information. But thanks for telling me all that. I appreciate it.
I'm going to call her tomorrow and tell her that I'm not signing papers until I'm satisfied.
THanks again. |
Good for you. Don't give in until you are ready. If she really wants a divorce, make her either pay, or wait. You may be in Korea, but just because you are not Korean doesn't mean anything. Don't let her push you into something you are not ready for.
Let me know how things turn out.
Cheers |
|
| Back to top |
|
|
newton kabiddles
Joined: 31 Mar 2007
|
| Posted: Sun Dec 16, 2007 3:50 am Post subject: Re: divorce & visas |
|
|
| nudefotographer wrote: |
| At the moment we're living apart and she's pushing me to sign the divorce papers. |
Divorce! Sign the papers! Why remained married to her? |
|
| Back to top |
|
|
CentralCali
Joined: 17 May 2007
|
| Posted: Sun Dec 16, 2007 4:23 am Post subject: |
|
|
| The US will recognize a divorce granted by a judge in the Republic of Korea. You do not have to go through two divorce proceedings. |
|
| Back to top |
|
|
Cheonmunka
Joined: 04 Jun 2004
|
| Posted: Sun Dec 16, 2007 4:32 am Post subject: |
|
|
| Quote: |
| Divorce! Sign the papers! Why remained married to her? |
Here we go, Sunday night on the piss again. Clear up what assets she has. |
|
| Back to top |
|
|
|
|
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
