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Hobophobic
Joined: 16 Aug 2004
Location: Sinjeong negorie mokdong oh ga ri samgyup sal fighting
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 Posted: Thu May 01, 2008 2:50 am Post subject: Divorce...F2...child...alimony...Help or experience.... |
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If you marry a Korean, have an F2 visa and a child, what happens if you wind up getting a divorce?....Do you have to leave country? Can your dual citizen child sponser you?...Do you go back to the E2 visa?....Anyone have experience with this?  |
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Roch
Joined: 24 Apr 2003
Location: Seoul
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| Posted: Thu May 01, 2008 3:15 am Post subject: Re: Divorce...F2...child...alimony...Help or experience.... |
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| Hobophobic wrote: |
| If you marry a Korean, have an F2 visa and a child, what happens if you wind up getting a divorce?....Do you have to leave country? Can your dual citizen child sponser you?...Do you go back to the E2 visa?....Anyone have experience with this? :( |
Post another inquiry on Marmot's Hole: Brendan Carr, an expatriate lawyer from the U.S., might see it there and leave a reply.
You could also contact The Legal Aid Corporation and/or Seoul Bar Association on Mondays for free legal advise.
R |
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RJjr
Joined: 17 Aug 2006
Location: Turning on a Lamp
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| Posted: Thu May 01, 2008 3:37 am Post subject: |
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I don't know what the payments-to-the-ex laws in Korea are, but I would definitely liquidate as much worth as possible, carry it down to Singapore, and deposit it into an account. Have them mail the statements to your parents' home in your homeland. If you have a joint account in Korea or anywhere else with your wife, you've got to get that money out NOW before she does, assuming she hasn't already. Don't wire any money from a Korean bank. You need to carry it out.
Best of luck. We're rooting for you. |
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Scouse Mouse
Joined: 07 Jan 2007
Location: Cloud #9
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| Posted: Thu May 01, 2008 3:50 am Post subject: |
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| RJjr wrote: |
I don't know what the payments-to-the-ex laws in Korea are, but I would definitely liquidate as much worth as possible, carry it down to Singapore, and deposit it into an account. Have them mail the statements to your parents' home in your homeland. If you have a joint account in Korea or anywhere else with your wife, you've got to get that money out NOW before she does, assuming she hasn't already.
Best of luck. We're rooting for you. |
Alternatively, you could help your wife, and make sure she is financially secure and able to care for your child, especially as a single mother divorcee in this country is blackballed in just about everything, and the chances of her being able to get any kind of decent income are slim. There are more important things in this world than $$$!
I am assuming the OP wants to do the decent thing. Here is my understanding... In Korea, the custody of children defaults to the father should as long as he is fit to care for them. He also gets to keep all savings and all assets. The woman gets nothing.
If the father doesn't want custody, or he is truly unfit, the mother gains custody. In that case, SHE gets the assets and is also to be paid child support.
That is from information I read a few months ago, though I do not have a link handy. If the information has changed (or my memory is hazy) please feel free to correct me.
The new immigration guidelines for F-visas say that, in instances where divorce is the fault of the Korean, and this can be proven, the foreigner can keep the F visa. F Visa's are also automatic for people who are responsible for the welfare of a Korean national. I would assume that this means the father, if caring directly for the child or paying court ordered child support, would automatically keep the F-Visa. The guidelines were in a handbook published in January this year. I do not have a link for it, but I do have the handbook (pdf format). I will post a copy online as soon as I figure out where I stored it  |
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Scouse Mouse
Joined: 07 Jan 2007
Location: Cloud #9
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RJjr
Joined: 17 Aug 2006
Location: Turning on a Lamp
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| Posted: Thu May 01, 2008 4:25 am Post subject: |
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There may be more important things in this world than money. Unfortunately, women getting divorced don't think that way.
The OP has the whole rest of his life to do the decent thing and take care of his children, but he has only a very limited window of opportunity to take care of himself and all the thousands of hours it has taken him to build his wealth. His wife, her family, and the Korean government will take care of her. But who will be there for the OP? Nobody but himself. He's on his own and playing on her turf. Now is not a time for him to be naive and romantic. He's getting divorced, not married. If he wants to risk everything he's ever worked for on the bet that the Korean government will rule in the favor of a foreigner over a Korean, that's an option, but I'm just saying it's not what I would do. |
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maddog
Joined: 08 Dec 2005
Location: Daegu
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| Posted: Thu May 01, 2008 4:52 am Post subject: |
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I argee with RJjr. The OP needs to be a realist or he will lose everything he's spent years saving for. The Korean courts will rule in her favor, then she and her family enjoy the spoils.
MD |
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Gideon
Joined: 24 Feb 2004
Location: Seoul
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| Posted: Thu May 01, 2008 4:56 am Post subject: |
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nothing like a scorned women..
good luck with that |
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Lekker
Joined: 09 Feb 2008
Location: Seoul
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| Posted: Thu May 01, 2008 5:07 am Post subject: |
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Never trust anything that can bleed for four days straight and doesn't die.  |
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spliff
Joined: 19 Jan 2004
Location: Khon Kaen, Thailand
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| Posted: Thu May 01, 2008 5:18 am Post subject: |
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| What was the reason for the divorce? I mean, since you don't feel shy about posting on a public internet forum. |
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Hobophobic
Joined: 16 Aug 2004
Location: Sinjeong negorie mokdong oh ga ri samgyup sal fighting
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| Posted: Thu May 01, 2008 5:27 am Post subject: |
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by no means do i want to skip out...i just want to know what i can expect...I love my child, and although his mom and I don't see eye to eye these days I will do what needs to be done for him and her in any situation....
The deal is such...she like many korean wives holds all the funds and I am on an allowance...we are in her family owned villa which the key money was paid to her brother...i personally have nothing in the sense of funds...she controls the cash flow, and i have no secret accounts or savings outside our family unit.
I do not expect to walk away from this unscathed...I just want what is best for my son under the circumstances as shitty as they are....and hope i can continue to be in the picture as much as he sees the need for me...
I would love to reconcile, but it truly seems as though she has given up and would much rather see me out of the picture...not to get into details but i am a wayguk of the shittiest sorts according to her these days....
my options are stay and teach here...or perhaps japan or china and continue to support them from outside the picture...
I just want to know if anyone else has been in this situation, and if they have any advice to follow... |
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Roch
Joined: 24 Apr 2003
Location: Seoul
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| Posted: Thu May 01, 2008 5:35 am Post subject: |
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| RJjr wrote: |
There may be more important things in this world than money. Unfortunately, women getting divorced don't think that way.
The OP has the whole rest of his life to do the decent thing and take care of his children, but he has only a very limited window of opportunity to take care of himself and all the thousands of hours it has taken him to build his wealth. His wife, her family, and the Korean government will take care of her. But who will be there for the OP? Nobody but himself. He's on his own and playing on her turf. Now is not a time for him to be naive and romantic. He's getting divorced, not married. If he wants to risk everything he's ever worked for on the bet that the Korean government will rule in the favor of a foreigner over a Korean, that's an option, but I'm just saying it's not what I would do. |
Loads of stories on the Web suggest that your fears are not irrational ones.
R |
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Atavistic
Joined: 22 May 2006
Location: How totally stupid that Korean doesn't show in this area.
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| Posted: Thu May 01, 2008 5:56 am Post subject: |
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No advice, just wanted to say "sorry to hear it, man," and "I hope you get to see your son."
Good luck. |
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spliff
Joined: 19 Jan 2004
Location: Khon Kaen, Thailand
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| Posted: Thu May 01, 2008 6:12 am Post subject: |
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| Do you go out drinking at bars every night? Why are you "shitty"? |
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ajgeddes
Joined: 28 Apr 2004
Location: Yongsan
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| Posted: Thu May 01, 2008 6:14 am Post subject: |
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| Are you fucking serious? |
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