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Married to an F4 Visa Holder--Can I get an F Visa?

 
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belovedkang



Joined: 19 Feb 2009
Location: USA

PostPosted: Wed Apr 08, 2009 9:18 am    Post subject: Married to an F4 Visa Holder--Can I get an F Visa? Reply with quote

I am married to a Korean who has gained American citizenship. We are planning to move back to Korea again soon. I am fairly certain that he will go on an F4 visa, but I don't know whether or not that means that I will be able to have an F visa of some kind as well. I have previously lived and worked in Korea on an E-2 visa, but am hoping to have something a little less restrictive this time around.

I have looked through the visa archives on these boards, but came up with nothing regarding our specific situation.

If anyone has knowledge about this or is in a similar situation, I'd appreciate your help.

Thanks!
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tob55



Joined: 29 Apr 2007

PostPosted: Wed Apr 08, 2009 12:38 pm    Post subject: Information Reply with quote

It is my understanding of the regulations that you would only be entitled to apply for the F3 (spouse of a foreign worker) visa, which offers no employment option, unless you want to be employed. Then you would have to be on the E visa again. Your spouse is an American citizen which they opted to do. Their ability to get the F4 visa is only because they are of Korean descent. When the individual gave up their Korean citizenship, they gave up all of their natural rights as a Korean citizen. This means you are not provided with the opportunity to apply for an F2 or F5 visa unless you meet the general requirements for obtaining the same like every other expat who has been in the country long term. Sorry to break it to you, but that is what the facts are. Good luck.
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Countrygirl



Joined: 19 Nov 2007
Location: in the classroom

PostPosted: Wed Apr 08, 2009 3:58 pm    Post subject: Reply with quote

I'm in a similar situation and I'm on an E2. I tried everything but there is no way I can be on an F-series visa unless my husband gives up his Canadian citizenship and reclaim his Korean citizenship, which he won't do.
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belovedkang



Joined: 19 Feb 2009
Location: USA

PostPosted: Wed Apr 08, 2009 6:08 pm    Post subject: Reply with quote

Thanks, tob55 & Countrygirl.

Looks like I'll be getting an E2 again, which is fine. I had one for 6 years last time and never had any problems.
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Looney



Joined: 23 Dec 2008

PostPosted: Wed Apr 08, 2009 7:19 pm    Post subject: Reply with quote

belovedkang wrote:

Looks like I'll be getting an E2 again, which is fine. I had one for 6 years last time and never had any problems.


you could have got yourself an F5 visa (well, there are a few obstacles still) at that time for staying 5 years plus on an E2...
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Wed Apr 08, 2009 7:38 pm    Post subject: Reply with quote

Quote:
I am married to a Korean who has gained American citizenship.

Quote:
I am fairly certain that he will go on an F4 visa...


He is native Korean? He needs a visa?
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yeremy



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

PostPosted: Wed Apr 08, 2009 9:28 pm    Post subject: Native Koreans with F4 visas Reply with quote

Tob is right. Yes, he does need a visa, but it's largely a formality. My wife is a native Korean, who became a US citizen and she has an F4 visa even though she was born here. The immigration officials treat her like another Korean for the most part even though she has American citizenship. I do not think you have to worry about your husbands visa situation at all. If your husband were to apply to regain his Korean nationality again, and it were approved, you would then be eligible to apply for an F- something visa. I hesitate to say F-1 because it may not be as straightforward as all that.
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kprrok



Joined: 06 Apr 2004
Location: KC

PostPosted: Thu Apr 09, 2009 12:13 am    Post subject: Re: Native Koreans with F4 visas Reply with quote

yeremy wrote:
If your husband were to apply to regain his Korean nationality again, and it were approved,


he'd lose his US citizenship. Probably not something he'd want to do.

Men over 18 cannot have dual citizenship in Korea, unless it's changed in the past 6 months or so.
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belovedkang



Joined: 19 Feb 2009
Location: USA

PostPosted: Thu Apr 09, 2009 8:03 am    Post subject: Reply with quote

Looney wrote:
belovedkang wrote:

Looks like I'll be getting an E2 again, which is fine. I had one for 6 years last time and never had any problems.


you could have got yourself an F5 visa (well, there are a few obstacles still) at that time for staying 5 years plus on an E2...


Yes, I also could have been on an F2 back then because my husband was a Korean citizen at that time. But I never felt the need. I plan to work at a university again this time, so the E2 should be fine. Good to know that I can move to an F visa from an E visa, though. Thanks!
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OneWayTraffic



Joined: 14 Mar 2005

PostPosted: Thu Apr 09, 2009 1:07 pm    Post subject: Re: Native Koreans with F4 visas Reply with quote

kprrok wrote:
yeremy wrote:
If your husband were to apply to regain his Korean nationality again, and it were approved,


he'd lose his US citizenship. Probably not something he'd want to do.

Men over 18 cannot have dual citizenship in Korea, unless it's changed in the past 6 months or so.


Well not every country looks at it like this. NZ for example doesn't support the giving up of citizenship. So if he was a NZ citizen then he could hand in his passport, get his Korean one, and then apply to the NZ embassy for another.
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