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F-1 Visa, Not F-2-1 or so I have been told

 
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benstine21



Joined: 02 Jul 2009
Location: California

PostPosted: Thu Oct 07, 2010 7:45 am    Post subject: F-1 Visa, Not F-2-1 or so I have been told Reply with quote

Hello All,

I searched this topic at length-> just had to get that out of the way.

I am in the U.S. and had an F-2 visa a few years ago(married to a Korean and have a child).

She will get her U.S. citizenship soon. We have called three immigration offices in Korea. They all say the same thing... once she has U.S. citizenship:

She gets an F-4, the baby gets an F-4 and I get an F-1.

Does anybody have any experience with this situation.

My understanding is that I can teach on an F-1 or do other work, but that I still technically need to get an E-2(just like when I had my F-2).

Thanks all
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DHC



Joined: 15 Jan 2003

PostPosted: Thu Oct 07, 2010 1:43 pm    Post subject: Reply with quote

You cannot legally teach on an F-1. You were quoted the current immigration law which changes in Jan.2011 when your wife may legally possess dual citizenship.
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benstine21



Joined: 02 Jul 2009
Location: California

PostPosted: Thu Oct 07, 2010 2:17 pm    Post subject: Reply with quote

DHC wrote:
You cannot legally teach on an F-1. You were quoted the current immigration law which changes in Jan.2011 when your wife may legally possess dual citizenship.


Hello DHC,

So in Jan will I be able to get an F-2 since she will be technically a Korean Citizen as well(like I got before).

Also I was told that I was supposed to get a E-2 when I had my F-2 but none of the schools I taught at bothered with it(as I have read is the experience of many other F-2 teachers). I am not talking about legality, more just what I have observed in practice.

Thanks~
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benstine21



Joined: 02 Jul 2009
Location: California

PostPosted: Sat Oct 09, 2010 7:25 am    Post subject: 2011 immigration law change Reply with quote

Does anyone have specific information on the dual citizenship law that will go into effect in January 2011.

We called the Seoul immigration office and they said that my wife was not eligible for dual citizenship if she is naturalized in the U.S.

I am trying to find out what the new law says specifically relating to our situation. I have read the news articles on the new law but have not found the law itself... Korean or English version would be fine.

I am wondering if it is a case of the immigration office employee simply not knowing the specifics of the law or if my wife will in fact not qualify for dual citizenship...

Thanks~
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Oct 09, 2010 5:39 pm    Post subject: Re: 2011 immigration law change Reply with quote

benstine21 wrote:
Does anyone have specific information on the dual citizenship law that will go into effect in January 2011.

We called the Seoul immigration office and they said that my wife was not eligible for dual citizenship if she is naturalized in the U.S.

I am trying to find out what the new law says specifically relating to our situation. I have read the news articles on the new law but have not found the law itself... Korean or English version would be fine.

I am wondering if it is a case of the immigration office employee simply not knowing the specifics of the law or if my wife will in fact not qualify for dual citizenship...

Thanks~


If, as part of the naturalization process, she is required to formally renounce her Korean citizenship then she will NOT be a dual citizen.

If she does NOT formally renounce her citizenship AND she becomes naturalized AFTER the law changes, she will retain her Korean passport and citizenship.

If (a) (and she travels on her US passport) then you get an F1.
If (b) then she travels on her Korean passport and you get an F2.

.
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benstine21



Joined: 02 Jul 2009
Location: California

PostPosted: Sat Apr 09, 2011 8:24 am    Post subject: ** Update ** Reply with quote

Called Korea Immigration after calling the Korean consulate in the U.S.

Both state that She is not eligible for dual citizenship under the law(which I cannot find posted anywhere...

They said if she loses nationality due to naturalization she cannot get dual citizenship


Anybody have new info???
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