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F4 Visa technicality with Consulate. PLEASE HELP!!!

 
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proudman



Joined: 24 Mar 2009

PostPosted: Wed Sep 30, 2009 7:50 pm    Post subject: F4 Visa technicality with Consulate. PLEASE HELP!!! Reply with quote

Fist off, I am indebted to anyone that can help me get this process. The process of getting the F4 should be relatively painless and easy, but it's been an absolute nightmare for me. If you would, please read through my dilemma, and offer up any suggestions in getting through this. I'm beating my head against the wall at this point!

Since coming to the United States in the early 1970s, my mother was married to my father, divorced, married again and divorced, and has been married a third time since 1990. In order for her to renounce her Korean citizenship, I constructed a paper trail of how my mother's name has changed from what appears on the Hojuk to what is reflected on her naturalization. I was able to obtain certified court records of her marriage certificates and divorce decrees, but the issue is with the name she used on her current marriage certificate. She used her "American" first name instead of her Korean name, so the trail does not flow. The previous marriage certificates and divorce decrees had her Korean name (Myung Ja) and American last name, so the consulate says that we either need to amend the marriage certificate or do a petition for a name change(Since her name was never legally changed to Mona Frank, I don't know if the courts will produce a document stating Mona Frank is Myung Ja Vosen). I was told that the judge would not amend the marriage certificate since she did have a drivers license with the name Mona Frank and because of the time that has now elapsed since the marriage in 1990.

Ultimately the Consulate wants a document that states that Mona Frank is Myung Ja Vosen. But here is where it gets even trickier.

My mom was naturalized in 1981, and the original naturalization read Myung Ja Proud. That is also my last name. She could not find her original naturalization that was needed when applying to get her passport in 1996. My step father helped her construct a paper trail to prove she is who she is. They ended up going to immigration, and she got a copy of her naturalization. However, her last name was changed from Proud to Vosen on the new "copy" of her naturalization. I just found out after talking with the clerk of court at United States District Court (Northern District of Ohio), that the name should NEVER have been changed. A copy should have been issued with the last name she had back in 1981.

The copy that was given to her in 1996 has the same naturalization number and alien registration number as the one issued in 1981. The only difference is the last name. I was sent a certified copy (notorized and signed) by the Clerk of Court with a letter stating that their records show that Myung Ja Proud was naturalized on this date with these numbers, date of birth in Seoul, Korea.

I constructed a well written letter that thoroughly explained what the Clerk of Court's office shared with me along with the letter and the certified copy. If we would have had the original from the beginning, all I would have to have sent in was my mother's first marriage certificate that was from my father. Her name on that certificate matches the Hojuk. Because I didn't receive a copy of this until now, I had to obtain ALL of her marriage certificates and divorce decrees. And that leads me to the dilemma I am currently faced with. Her most recent marriage certificate does not reflect Myung Ja, and they are unwilling to accept the aforementioned document from the United States District Court or any other document that shows variations of her name.

Apparently they left my mom a voice message this evening stating that they still cannot use the letter and certified copy that shows her last name that matches the Hojuk.

My question is, how are we going to get past this barrier with these folks that are either severely stubborn, or just don't understand??? I explained in the letter that the name should NEVER have been changed on the naturalization that was reissued in 1996 (15 years after she went through the process).

On a side note, we talked to the Consulate about getting a document from Social Security that shows her name was changed to Mona Vosen. Social Security is the only place that a name change had been made. But the lady we've been working with at the Consulate said that would be unacceptable. I was going to order a complete history of her driver record that would show how her name has changed over time, but I assume they will say that this is also unacceptable. I've been trying to work any and every possible angle, but nothing seems to be acceptable to the people we've worked with. Is there another authority we can appeal to???

I am so drained physically and mentally. I feel like I've put in so much work in proving our case, that I'm almost unwilling to accept an E2 Visa at this point.

If any of you took the time to read through and understand this absolutely ridiculous situation that I am in, please offer up any suggestions. I really want to get to Korea sooner than later, but these folks are really putting a bad taste in my mouth. Everything does not work out as smoothly as they like, but there's got to be a compromise or another way to show these folks at the Consulate and in Korea my mother is who she says she is, and can rightfully renounce her Korean citizenship. My mother is overly annoyed at this point too, but I'm one that is getting screwed over due to what appears to me as a ridiculously minor technicality.

PLEASE HELP ME!!!
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blonde researcher



Joined: 16 Oct 2006
Location: Globalizing in Korea for the time being

PostPosted: Wed Sep 30, 2009 10:41 pm    Post subject: Reply with quote

if you are so hung up on gettng the F4 under these circumstances you will just stress yourself out. All the problems stem from your mom's marriages and the paper trails she left for you.

Why do you so desperately want the F4?
Just give up the stress and get the E2 visa and get over there and enjoy yourself. All you ae doing is allowing yourself to get angry with a problem that cant be solved. (many problems are like this, and when you get to Korea you will get these crazy problems every day!!)
Welcome to the world of reality
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g35doc



Joined: 07 Jul 2009

PostPosted: Wed Sep 30, 2009 11:01 pm    Post subject: Reply with quote

I second the E2 route. Consulate people are very stubborn in my own experience, and it doesn't seem like there is much you can do to persuade them.
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andrewchon



Joined: 16 Nov 2008
Location: Back in Oz. Living in ISIS Aust.

PostPosted: Wed Sep 30, 2009 11:07 pm    Post subject: Reply with quote

Is there a document that says her name is Mona Myung Ja (surname)? That was accepted by the consulate I went for my visa.
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T-dot



Joined: 16 May 2004
Location: bundang

PostPosted: Thu Oct 01, 2009 3:31 am    Post subject: Reply with quote

Get an E-2, then sort out the rest while you're working.
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vk33



Joined: 26 Feb 2008

PostPosted: Thu Oct 01, 2009 6:44 am    Post subject: Reply with quote

okay, i read the whole thing. twice. these other guys may be correct in their advice, but are just saying it because your explanation gives them a headache.

so, some questions:

are you a man? if you are, definitely go the E2 route. unless you can prove that you are a citizen of the US and your name doesnt appear on any Korean records.

why? well, theres a bloke at my place whose grandfather put his name on the family register and didnt tell anybody and it didnt matter that he was born in SoCal. after a certain age Korean male automatically rescind their "rights" to formally renounce Korean citizenship and that means if they show up on an F4, they will get drafted. this kid was forced to get an E2.

has your mother considered renouncing her US citizenship? she can do that and then reclaim her Korean citizenship and they will fast-track her application (like six months). then she can straighten out your stuff and reapply for her American citizenship. a pain to be sure, supposedly not outside the realm of possibility.

you post is vague on this: has your mother considered legally changing her name back to her Korean one? it seems like if you cited the your circumstances in a detailed manner, even the judge would see the point.

lastly, the process of getting an F4 is not usually painless for a lot of people. the Korean government is merciless about the details and the names. it has to be perfect.
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