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F-2 Visa - Divorce. How much power does my wife have?
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Lonely11



Joined: 07 Feb 2011

PostPosted: Tue Feb 08, 2011 9:34 pm    Post subject: F-2 Visa - Divorce. How much power does my wife have? Reply with quote

Hi,

Sorry if this has been covered before (I've looked around, but I've not found anything specific).

I've been married to my wife for about one and a half years. Recently things have blown up to the point where I'm not sure if I want to be married to her anymore. Trust and communication have gone out the window. We've both mentioned divorce...but her idea of getting divorced and going our separate ways is rather different.

Basically, she said she will cancel my F-2 Visa (which I have until 2013) and make it so that I can't work in Korea and go back to my home country. She's also threatening to sue me as a potential outcome of the divorce. She's gone a little bit off the show recently, however, given my status as a visitor in this country, I'm not really sure how much of a leg I have to stand on (her family is quite powerful and influential too).

It feels like I could get thrown to wolves and there isn't much I could do except deal with the consequences of the fallout.

Does anyone have any information or people I could talk to about this situation?

Thanks for reading.
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hondaicivic



Joined: 01 Jul 2010
Location: Daegu, South Korea

PostPosted: Tue Feb 08, 2011 9:42 pm    Post subject: Re: F-2 Visa - Divorce. How much power does my wife have? Reply with quote

Lonely11 wrote:
Hi,

Sorry if this has been covered before (I've looked around, but I've not found anything specific).

I've been married to my wife for about one and a half years. Recently things have blown up to the point where I'm not sure if I want to be married to her anymore. Trust and communication have gone out the window. We've both mentioned divorce...but her idea of getting divorced and going our separate ways is rather different.

Basically, she said she will cancel my F-2 Visa (which I have until 2013) and make it so that I can't work in Korea and go back to my home country. She's also threatening to sue me as a potential outcome of the divorce. She's gone a little bit off the show recently, however, given my status as a visitor in this country, I'm not really sure how much of a leg I have to stand on (her family is quite powerful and influential too).

It feels like I could get thrown to wolves and there isn't much I could do except deal with the consequences of the fallout.

Does anyone have any information or people I could talk to about this situation?

Thanks for reading.



Sorry to say this, but you're ****!.......but anyway ummmm there was a thread a couple of weeks ago about a guy divorcing his wife as well. I thought it was pretty useful. You couldn't find it?
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redaxe



Joined: 01 Dec 2008

PostPosted: Tue Feb 08, 2011 9:45 pm    Post subject: Reply with quote

There are lots of threads about this. Here is a relatively recent one:

http://forums.eslcafe.com/korea/viewtopic.php?p=2553801
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crossmr



Joined: 22 Nov 2008
Location: Hwayangdong, Seoul

PostPosted: Tue Feb 08, 2011 9:46 pm    Post subject: Reply with quote

I read about a guy who got divorced, the visa wasn't cancelled. He couldn't renew it, but he was able to remain on the F-2 without issue until it normally would have expired.

If you have been here for 1.5 years already on the F2, why not work something out with her for another 6 months + processing time until you can get your F5, and then divorce.

As for who you can talk to, get yourself a lawyer.
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s10czar



Joined: 14 Feb 2010

PostPosted: Tue Feb 08, 2011 9:48 pm    Post subject: Reply with quote

just wanted to add my moral support

I'm in the same set-up stateside, except not married but there is a child involved

3 years down the long and painfull road and my advice is...

ModEdit CUT YOUR LOSSES

wish I had better news
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jrwhite82



Joined: 22 May 2010

PostPosted: Tue Feb 08, 2011 10:01 pm    Post subject: Reply with quote

She can't ban you from working or staying in Korea. Wives don't have that power. She also can't "cancel" your F2 visa...that is a power of the government.

However, if you do divorce, you are required to update your marital status with immigration. This will lead to the termination of your current residency status. If you do not update with immigration you can and will be deported and could potentially be fined quite heavily.

You can apply for an extension of sojourn by filling out Request for Extension of Soujorn form. However, if you don't have children or parents to take care of, or some other huge responsibilty it might get denied. You will also need to get a guarenteer to sign and verify your identity for you as well. This should be your boss or in-law (good luck with that last one).

Reasons they will extend your visa: The divorce was caused by the Korean Spouse. You are taking care of your children which will be raised in Korea. If you desire to take care of your wife's parents.

If you wish to stay long enough to divide up your property and assests, you will be switched to an F1 visa (which is not a valid work visa)

You will be able to get an E2 visa (but you need all your documents and do a visa run) if you want to stay in Korea after a divorce. She can't stop you from getting an E2. Immigration can, so hopefully you haven't done anything illegal (including being arrested for hitting your wife).

I have a friend who was a former F2 and is now here on an E2. He has no problems. I have a friend who might lose his F2 soon. But hopefully can work it out.

Anyway, if you guys were willing to marry each other, hopefully you did it out of love. Every relationship has its rough patches. And being in an interacial, intercultural relationship where you don't speak each other's native languages fluently can be hard. Usually it falls apart because of repeated misunderstandings, miscommunication, external social pressure and/or infedility. 2 of those problems you can solve by working a little harder at your marriage. (You HAVE to put work into it or it won't last) The third is out of your control. And the fourth is something you can half control.

Good luck man.
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diver



Joined: 16 Jun 2003

PostPosted: Tue Feb 08, 2011 10:15 pm    Post subject: Reply with quote

If you haven't done anything wrong, can't you just refuse to give her a divorce? That might get you some leverage.

"I still love my wife and want to work things out."
Repeat.
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redaxe



Joined: 01 Dec 2008

PostPosted: Tue Feb 08, 2011 10:26 pm    Post subject: Reply with quote

diver wrote:
If you haven't done anything wrong, can't you just refuse to give her a divorce? That might get you some leverage.

"I still love my wife and want to work things out."
Repeat.


Could help. Another thing that would help his case is if she cheated on him and he can prove it. Adultery is a felony crime in Korea.
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diver



Joined: 16 Jun 2003

PostPosted: Tue Feb 08, 2011 10:31 pm    Post subject: Reply with quote

redaxe wrote:
diver wrote:
If you haven't done anything wrong, can't you just refuse to give her a divorce? That might get you some leverage.

"I still love my wife and want to work things out."
Repeat.


Could help. Another thing that would help his case is if she cheated on him and he can prove it. Adultery is a felony crime in Korea.


That';s what I was thinking. If *he* hasn't done anything that is grounds for divorce, he could refuse to give a divorce. Maybe her and her family will make a deal just to cut their losses and make him go away.

Of course, I'm not a lawyer.
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Dazed and Confused



Joined: 10 Jan 2003

PostPosted: Tue Feb 08, 2011 10:43 pm    Post subject: Reply with quote

I believe having children or taking care of elderly or handicapped parents will allow you to keep your current visa. Do you have kids together? If not then you chances of keeping your visa become smaller. Talk to immigration and an attorney. They can give you accurate info.
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hondaicivic



Joined: 01 Jul 2010
Location: Daegu, South Korea

PostPosted: Tue Feb 08, 2011 11:08 pm    Post subject: Reply with quote

Dazed and Confused wrote:
I believe having children or taking care of elderly or handicapped parents will allow you to keep your current visa. Do you have kids together? If not then you chances of keeping your visa become smaller. Talk to immigration and an attorney. They can give you accurate info.



Who's elders would that be? Hers? Why on earth would he want to take care of her parents, especially after divorce.
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Lonely11



Joined: 07 Feb 2011

PostPosted: Wed Feb 09, 2011 12:32 am    Post subject: Reply with quote

Yeah, well I haven't cheated or done anything of legal consequence.

By "ModEdit and CUT YOUR LOSSES" - do you mean get out of Korea and go home or just get the divorce over with and just move on?

I think the divorce would be a mutual thing.

No kids, no elderly parents, no handicapped parents. We're in our late 20s.
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kingplaya4



Joined: 14 May 2006

PostPosted: Wed Feb 09, 2011 12:43 am    Post subject: Reply with quote

A korean woman scorned can be scary. But it doesn't mean she's a bad person. Maybe one or both of you are thinking of the marriage too lightly? Get some counseling work this out. Were you thinking of this as some kind of relationship that you could just say, "I think we need a break" and walk out easily? Maybe that part of its on her, I don't know.

Perhaps I'm old fashioned but the only way I'd ever get divorced is cheating or something extremely serious along those lines. Maybe you could post what the major problems are or talk to someone you trust who you know a lot better than us. Maybe think about counseling. I understand the concern, but at the same time I don't think the visa should be the primary worry at this point.
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soulofseoul



Joined: 23 Mar 2010
Location: Seoul

PostPosted: Wed Feb 09, 2011 1:08 am    Post subject: Reply with quote

I see a lot of posts on this topic saying just hang in there or wait and get your F5 then your on your way. But I imagine your wife must come with you when applying for it at the immigration office correct??
If so why would she do that for you and help you when shes probably in a pretty bad mood over the upcoming divorce?? Im sure there are a lot of women who wont let you get a divorce and still have a happy life on an F5
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Koreadays



Joined: 20 May 2008

PostPosted: Wed Feb 09, 2011 4:01 am    Post subject: Reply with quote

she can't take away your f2 the government will do that.
but you will be able to apply for a E2 again.

don't worry about it, be more concerned about the divorce.
don't worry about your status, you are no longer married so longer depended on a spouse visa.
you do not qualify for a F5.
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