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running into a clusterfck because of accidental overstay
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jdog2050



Joined: 17 Dec 2006

PostPosted: Mon May 12, 2008 11:09 pm    Post subject: running into a clusterfck because of accidental overstay Reply with quote

So, I had a feeling this would happen.

I finally get the ball rerolling on a new job. The woman/hagwon owner takes my docs to immi...they fckin' marked my record because of an accidental overstay.

The chicago korean consulate only gave me a single entry visa, instead of a multi-entry 1 year visa. Why, I don't know, my contract and whatnot were for a year. At a level, it's certainly my fault for not looking over my visa completely, but at that point, it was my third time getting a visa, and the whole process had become pretty automatic, ya know?

So, I go to take a trip to thailand in February, go to immi in the airport (mind you, I'd left the country in the summer with no hassle), and the guy notes that I'm wayyyyy overstayed. I explain that it's a mistake, he says it's fine, notes my passport, and I'm off...I even came back into the country.

GREAT THING THAT HE DIDN'T TELL ME THAT I WOULD BASICALLY HAVE A CRIMINAL RECORD BECAUSE OF IT.

Someone else started a thread about it, it freaked me out, and now it's coming true.

The woman I talked to (awful english) blathered something about having to just wait two weeks...but someone mentioned in the other thread having to have an interview with your nearest consulate.

Overall, I swear to god, if my girlfriend wasn't there, I would NOT be going back. So much damage done to this country's reputation because of people just not saying what the deal is in any situation until the last possible minute.
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yeremy



Joined: 05 Nov 2007
Location: Anywhere's there's a good bookstore.

PostPosted: Mon May 12, 2008 11:24 pm    Post subject: Sorry to hear it, Jdog Reply with quote

Jdog, sorry to hear it. Assuming things, especially about visa's, can be risky in Korea. Korean officials do not have to help you or explain anything to you until you ask. In their view, ignorance is not an excuse. I hope it works out for you.

Once I came to Korea for a short trip with only a round trip ticket. I realized I didn't have a proper visa while in the middle of the Pacific Ocean at 30 some thousand feet. I felt pretty stupid. When I got to ICN, I half expected to be sent home on the next plane, but they gave me a two week visa without any problems because I had a roundtrip ticket.
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Ramen



Joined: 15 Apr 2008

PostPosted: Mon May 12, 2008 11:49 pm    Post subject: Reply with quote

Perhaps you should marry your girlfriend and get an F visa.
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Hanson



Joined: 20 Oct 2004

PostPosted: Mon May 12, 2008 11:52 pm    Post subject: Reply with quote

Ramen wrote:
Perhaps you should marry your girlfriend and get an F visa.


He'd probably just be denied for the same reason he's running into problems now...
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jdog2050



Joined: 17 Dec 2006

PostPosted: Tue May 13, 2008 12:08 am    Post subject: Reply with quote

I just got off the phone with my girlfriend who spoke to the hagwon owner. Apparently they're laying down the law because I overstayed 6 F'IN DAYS (don't even know why it's six days since the whole issue that started it was that I overstayed by like 9 months). Now, everyone in the situation actually knows it's not my fault/it was a slight mistake, but...bureaucracy. So, my visa process is being held up 2-3 WEEKS

So, these are my options:

1. Go back home and chill with my parents for 3 weeks (and wanna strangle myself) because getting a whole new apartment and job here in portland is not worth it.

This is good because it's free. At the same time, if something ELSE crappy happens, then, that's another 3 weeks wasted.

2. Go to Korea, live with my GF, take privates, wait for the issue to resolve, fly to japan for visa

This is good because it'll allow me to be active and make some scratch--also, I have to move out of my apartment in Portland which is what's really putting the fire under my ass. But it's bad for the same reason as number one...if anything goes wrong, it's another 3 weeks wasted.

Any advice? Options?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue May 13, 2008 12:58 am    Post subject: Reply with quote

jdog2050 wrote:
I just got off the phone with my girlfriend who spoke to the hagwon owner. Apparently they're laying down the law because I overstayed 6 F'IN DAYS (don't even know why it's six days since the whole issue that started it was that I overstayed by like 9 months). Now, everyone in the situation actually knows it's not my fault/it was a slight mistake, but...bureaucracy. So, my visa process is being held up 2-3 WEEKS

So, these are my options:

1. Go back home and chill with my parents for 3 weeks (and wanna strangle myself) because getting a whole new apartment and job here in portland is not worth it.

This is good because it's free. At the same time, if something ELSE crappy happens, then, that's another 3 weeks wasted.

2. Go to Korea, live with my GF, take privates, wait for the issue to resolve, fly to japan for visa

This is good because it'll allow me to be active and make some scratch--also, I have to move out of my apartment in Portland which is what's really putting the fire under my ass. But it's bad for the same reason as number one...if anything goes wrong, it's another 3 weeks wasted.

Any advice? Options?


Before you spend the coin to get over here and teach privates while waiting for a visa, just remember that you MAY be required to obtain your visa in your home country AND have a consular interview because of your current problem.

Under current regulations - 3rd country visa run is ONLY permitted when the applicant has:
a) had a previous E2
AND
b) had no immigration or criminal violations in Korea.

so you may have to make your visa run back home to the states instead of Japan.

.
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jdog2050



Joined: 17 Dec 2006

PostPosted: Tue May 13, 2008 1:09 am    Post subject: Reply with quote

ttompatz wrote:
jdog2050 wrote:
I just got off the phone with my girlfriend who spoke to the hagwon owner. Apparently they're laying down the law because I overstayed 6 F'IN DAYS (don't even know why it's six days since the whole issue that started it was that I overstayed by like 9 months). Now, everyone in the situation actually knows it's not my fault/it was a slight mistake, but...bureaucracy. So, my visa process is being held up 2-3 WEEKS

So, these are my options:

1. Go back home and chill with my parents for 3 weeks (and wanna strangle myself) because getting a whole new apartment and job here in portland is not worth it.

This is good because it's free. At the same time, if something ELSE crappy happens, then, that's another 3 weeks wasted.

2. Go to Korea, live with my GF, take privates, wait for the issue to resolve, fly to japan for visa

This is good because it'll allow me to be active and make some scratch--also, I have to move out of my apartment in Portland which is what's really putting the fire under my ass. But it's bad for the same reason as number one...if anything goes wrong, it's another 3 weeks wasted.

Any advice? Options?


Before you spend the coin to get over here and teach privates while waiting for a visa, just remember that you MAY be required to obtain your visa in your home country AND have a consular interview because of your current problem.

Under current regulations - 3rd country visa run is ONLY permitted when the applicant has:
a) had a previous E2
AND
b) had no immigration or criminal violations in Korea.

so you may have to make your visa run back home to the states instead of Japan.

.


Thanks a ton TTompattz. You're spot on. I basically HAVE to stay here because I would indeed be required to get my visa in America. I just talked to a nice lady at immigration...powerless, but she explained what was happening very well (incidentally, she said they were getting a LOT of complaints about this).

This is just insanity...six friggin days equates to 3 weeks worth of hold up...and 3 weeks with no guarantee of a job (my main fear is that they'll find someone else with less baggage. I have to talk to my sponsor and ensure that I'm gold...I just have to wait).

Basically, I'm gonna book my ticket to chicago tomorrow and use my partially refunded rent to cover it. And hope I don't go completely insane in the south suburbs.
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esetters21



Joined: 30 Apr 2006
Location: Seoul

PostPosted: Tue May 13, 2008 1:18 am    Post subject: Reply with quote

I take it that you are American by your previous posts. How did you only get a single entry visa? Did I get lucky 2 years ago when my visa got stamped and allowed me multiple entries?

I can feel you, as I am getting ready to go through a similar situation. My contract expires at the end of this month, but my school is going to take the necessary steps to extend my sojourn til the end of July.

Good luck!
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jdog2050



Joined: 17 Dec 2006

PostPosted: Tue May 13, 2008 12:04 pm    Post subject: Reply with quote

esetters21 wrote:
I take it that you are American by your previous posts. How did you only get a single entry visa? Did I get lucky 2 years ago when my visa got stamped and allowed me multiple entries?

I can feel you, as I am getting ready to go through a similar situation. My contract expires at the end of this month, but my school is going to take the necessary steps to extend my sojourn til the end of July.

Good luck!


That's the thing...I have no clue why they only gave me a single entry visa.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Tue May 13, 2008 12:11 pm    Post subject: Reply with quote

OP: On that first stay in Korea on an E2 visa, did you go to Immigration after you got to Korea and get your (ARC) Alien Registration Card? If so, what date was on the card?
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jdog2050



Joined: 17 Dec 2006

PostPosted: Tue May 13, 2008 1:52 pm    Post subject: Reply with quote

ontheway wrote:
OP: On that first stay in Korea on an E2 visa, did you go to Immigration after you got to Korea and get your (ARC) Alien Registration Card? If so, what date was on the card?


Well, the guy at the airport took my ARC off the bat, so I honestly don't remember what it said.

Thing is, doing the math, my VISA was flat out made too short. If I overstayed 6 days, then my VISA was only made for the 26th (I finally left on March 3rd), despite the fact that my contract was for the 28th.
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Ut videam



Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do

PostPosted: Tue May 13, 2008 3:07 pm    Post subject: Reply with quote

Oops. I obviously misunderstood the OP when I posted about single and multiple entry visas. That wasn't the issue here at all, and I apologize for the mixup.

The 1 year validity of your E-2 visa begins on the day you enter the country under that visa. The expiration date is determined by that date, NOT by the ending date on your contract. Immigration doesn't care if your contract doesn't begin until 3 days after you get here�the 1 year clock starts ticking when you get to the immigration desk at Incheon.

So, ultimately, the OP is at fault for failing to pay attention to the expiration date on his ARC. Sorry bud, but that's life. Extensions are readily available; one must be aware of these issues and plan ahead accordingly. You'd get a ticket for driving on an expired license or expired tags back home. No different here.

.
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ceesgetdegrees



Joined: 12 Jul 2007

PostPosted: Tue May 13, 2008 4:53 pm    Post subject: Reply with quote

jdog2050 wrote:


2. Go to Korea, live with my GF, take privates, wait for the issue to resolve, fly to japan for visa
Any advice? Options?



You won't be able to fly to japan for your visa, any visa violation on record means you have to fly all the fucking way home for what will amount to a 5 minute interview with the consulate.
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madoka



Joined: 27 Mar 2008

PostPosted: Wed May 14, 2008 12:26 pm    Post subject: Re: running into a clusterfck because of accidental overstay Reply with quote

jdog2050 wrote:
Overall, I swear to god, if my girlfriend wasn't there, I would NOT be going back. So much damage done to this country's reputation because of people just not saying what the deal is in any situation until the last possible minute.


Today the NY Times ran an article detailing how an Italian guy got IMPRISONED for more than 10 days without any charges or legal recourse because the border agent didn't like how many times he had come into the U.S. (he comes to visit his girlfriend). So while you are complaining about Korea not letting you in, this guy gets to share a cell with 75 other guys in the U.S.

The article also mentioned an Icelandic woman who spent "24 hours of interrogation and humiliating treatment - locked in a cell and barred from making phone calls" because she once overstayed 12 years prior.

Seems to me that you got off lucky compared to what your home country has done to others.
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jdog2050



Joined: 17 Dec 2006

PostPosted: Wed May 14, 2008 6:15 pm    Post subject: Reply with quote

Ut videam wrote:
Oops. I obviously misunderstood the OP when I posted about single and multiple entry visas. That wasn't the issue here at all, and I apologize for the mixup.

The 1 year validity of your E-2 visa begins on the day you enter the country under that visa. The expiration date is determined by that date, NOT by the ending date on your contract. Immigration doesn't care if your contract doesn't begin until 3 days after you get here�the 1 year clock starts ticking when you get to the immigration desk at Incheon.

So, ultimately, the OP is at fault for failing to pay attention to the expiration date on his ARC. Sorry bud, but that's life. Extensions are readily available; one must be aware of these issues and plan ahead accordingly. You'd get a ticket for driving on an expired license or expired tags back home. No different here.

.


That's an acceptable argument if we were talking about a dumpy hagwon or something, but my visa was issued by the f'ing SMOE...essentially a government body. On top of that, the SMOE, as I'm reading in a new thread, issues their own VISA's...immigration doesn't have anythign to do with it other than stamping you and letting you in.

You can blame me for not looking at my ARC card, but how many times a year do any of you pull out your ARC for anything? 3, 4 times? That's not at all like a driver's license where you're constantly utilizing it. So yes, boo hoo to me for not memorizing something that I never used. It's a credible technical argument, but it's not practical.

I'm not on here to complain horribly...I *will* be getting a VISA, it looks like, but let this serve as a reminder to anyone going through, or about to go through the same situation.

AND AGAIN, the girl I talked to at immigration said that this is happening a LOT. It's not just me.
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