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Korean wedding = legally married?
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dereklee003



Joined: 03 Jan 2009

PostPosted: Fri May 11, 2012 7:03 pm    Post subject: Korean wedding = legally married? Reply with quote

If someone was to have a wedding ceremony in Korea is that enough alone to be recognized as legally married in Korea? Or do you have to register to be officially married under Korean law?

Meaning, if I had a wedding in Korea just for show, or for my Korean gf's family, and then get legally married once we get to the states, is that ok?

Or does Korean law consider you married if you have a ceremony?
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fermentation



Joined: 22 Jun 2009

PostPosted: Fri May 11, 2012 7:09 pm    Post subject: Reply with quote

You need to register it legally. You can be legally married without a wedding.
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dereklee003



Joined: 03 Jan 2009

PostPosted: Fri May 11, 2012 7:17 pm    Post subject: Reply with quote

Ok, I know I can be legally married without a wedding, just go down to city hall. But the point is can I have a wedding ceremony (Korean wedding hall, etc) just for the benefit of the Korean family without it being legally binding.
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CentralCali



Joined: 17 May 2007

PostPosted: Fri May 11, 2012 7:23 pm    Post subject: Reply with quote

The "wedding hall ceremony" or whatever ceremony you decide to have in Korea has no legal effect under Korean law. As far as the law is concerned, there is only the civil register marriage. In the US and a few other countries, ministers and other officiants are licensed by law to conduct legally-recognized marriages. In Korea, those officiants do not have that privilege.

What the Korean family thinks about you doing the ceremony absent the actual registered marriage might surprise you. Just a few years ago, there was a big dust-up with various famous people doing just the wedding hall thing and then calling it quits a year or two or so later. If that involves children, the "in-laws" (who legally aren't actually in-laws) might not be all that impressed. And, of course, having the children not legally registered on the father's family register can be a bit, shall we say, dicey in Korea.

"Just get married when you get to the States" also is not as simple as it sounds. First off, what kind of visa will your girlfriend use to enter the US? If it's not an immigrant visa (preferably fiancee) and then you get married in the US, you very well may face a long and expensive course of action to have her visa status changed. If she's already told her family that she's married (you know the whole wedding hall thing) and then she can't go with you while awaiting a different visa than a spousal visa, again, the purported in-laws might have a thing or two to say about that.
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dereklee003



Joined: 03 Jan 2009

PostPosted: Fri May 11, 2012 7:50 pm    Post subject: Reply with quote

Yeah, the plan would be to have the wedding hall ceremony here (not registered marriage) and use the K1 fiance visa and get married back in the U.s. shortly after.
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byrddogs



Joined: 19 Jun 2009
Location: Shanghai

PostPosted: Fri May 11, 2012 7:58 pm    Post subject: Reply with quote

dereklee003 wrote:
Yeah, the plan would be to have the wedding hall ceremony here (not registered marriage) and use the K1 fiance visa and get married back in the U.s. shortly after.


Not to sound like *beep*, but why not do the ceremony there and register the marriage before or after? Does that affect a marriage license in the US?
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dereklee003



Joined: 03 Jan 2009

PostPosted: Fri May 11, 2012 8:24 pm    Post subject: Reply with quote

It would affect the Visa process as far as I know. If the U.S. see's you were legally married in another country, they wouldn't grant a K1 fiance visa, since she's no longer a fiance.
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DIsbell



Joined: 15 Oct 2008

PostPosted: Fri May 11, 2012 8:34 pm    Post subject: Reply with quote

It's quicker to get a CR-1 visa via Direct Consular Filing here in Korea rather than a K-1 Fiancee visa, isn't it?
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dereklee003



Joined: 03 Jan 2009

PostPosted: Fri May 11, 2012 9:03 pm    Post subject: Reply with quote

DIsbell wrote:
It's quicker to get a CR-1 visa via Direct Consular Filing here in Korea rather than a K-1 Fiancee visa, isn't it?


I'm new to all this, so you could be right. Though I just read through the requirements. I'm not sure I'd qualify since by the time we get married I will have been out of Korea for at least 1 year.
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byrddogs



Joined: 19 Jun 2009
Location: Shanghai

PostPosted: Sat May 12, 2012 1:21 am    Post subject: Reply with quote

dereklee003 wrote:
It would affect the Visa process as far as I know. If the U.S. see's you were legally married in another country, they wouldn't grant a K1 fiance visa, since she's no longer a fiance.


Please update this post to tell how things go. I'll be looking at getting an IR1 or Cr1 for my wife in the next year.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sat May 12, 2012 1:22 am    Post subject: Reply with quote

I agree with the above posters. Your fiancees family might not like the idea. That being said, if it's just a practical matter, and they know that you're getting married officially when you get to the States, then they might not care. You and your fiancee can probably figure that out better than any of us.

What kind of wedding reception were you thinking of having? I'm quite sure that no priest/minister/reverend/etc will perform it. You could probably rent a hall and have a reception, but it might be hard to find someone to perform the ceremony if you don't already have the wedding certificate. In other words, you're usually already (legally) married before you go to the church or wherever the wedding ceremony is held.

What's the advantage of getting the marriage certificate back in the States instead of here? (I'm not saying there isn't one. I'm genuinely curious about what the benefit is.)
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byrddogs



Joined: 19 Jun 2009
Location: Shanghai

PostPosted: Sat May 12, 2012 1:26 am    Post subject: Reply with quote

dereklee003 wrote:
It would affect the Visa process as far as I know. If the U.S. see's you were legally married in another country, they wouldn't grant a K1 fiance visa, since she's no longer a fiance.


Please update this post to tell how things go. I'll be looking at getting an IR1 or Cr1 for my wife in the next year.
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dereklee003



Joined: 03 Jan 2009

PostPosted: Sat May 12, 2012 3:04 am    Post subject: Reply with quote

I go home in August, and then maybe a year later we will get married. There are basically 4 options:
1) K1 fiance visa - this is the one I want. With this visa though, we have to get married once she gets stateside. But, her family wants the wedding in Korea too, so I figured we can have the wedding but just for show. Then we can do the honeymoon, go home, get married legally, which will help finalize the visa
2) K3 visa - This one requires you to be married first, but if we marry here first, we then have to wait 6 mo- 1 year separately as the visa processes.
3) IR1-CR1 - This is similar to the K3 visa, already married couple, but have to wait several months in separate countries
4) Direct Consular Filing - This is for couples that get married and currently live overseas, and is quicker if you can get it. But, by the time we get married I won't live overseas so not sure I can qualify.

Anyway, the main point is to not have to get married and then spend a long time apart right after.
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CentralCali



Joined: 17 May 2007

PostPosted: Sat May 12, 2012 10:35 am    Post subject: Reply with quote

So, what's your plan if you do the wedding hall thing first and then, for whatever reason, you can't get legally married and/or she doesn't join you in the US?
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NYC_Gal 2.0



Joined: 10 Dec 2010

PostPosted: Sat May 12, 2012 12:14 pm    Post subject: Reply with quote

dereklee003 wrote:
Ok, I know I can be legally married without a wedding, just go down to city hall. But the point is can I have a wedding ceremony (Korean wedding hall, etc) just for the benefit of the Korean family without it being legally binding.


Sure. I did that with my ex, as we intended to have the document bit done in the US so family could attend. I ended up dumping him and marrying someone else here legally less than a year later, though.
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