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Dependent Filipino Spouse Visa

 
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csgallag



Joined: 28 Jul 2013

PostPosted: Fri Feb 21, 2014 3:10 am    Post subject: Dependent Filipino Spouse Visa Reply with quote

I scoured the archives and didn't find my answer, so I'll ask it and see if anyone knows!

I am American; husband is Filipino. We currently live in the USA (though US immigration has given us the run-around and his 10-year-stay-in-America-card is still in a delay process and he should have gotten it last year).

Anywho, when I get around to going back to Korea (hopefully in a few months), I'm wondering the following about his spouse visa:

1. Can he apply for his spouse visa at the same time I send in for my E-2, or does he have to wait out of the country for a while? I was really hoping to travel together, but some sites are suggesting that he'll have to hang back in the US and wait around for a couple of months.
2. What documents does he need? (such as, will he need an FBI background check, too, or is that just for the teachers)
3. Are spouses allowed to work? Obviously, he's not going to be getting an E-2, but he has experience working in factories and the like, only we gotta do this whole thing legal, ya'heard.
4. What are my chances of being rejected from an after-school public program or a university program on grounds that I have a dependent spouse, and not only that, but he isn't from my country or theirs?

And is there anything else I need to know? A lot has changed since I went over the first time (in 2006... wow, I feel old now).
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Fri Feb 21, 2014 6:42 am    Post subject: Re: Dependent Filipino Spouse Visa Reply with quote

csgallag wrote:
I scoured the archives and didn't find my answer, so I'll ask it and see if anyone knows!

I am American; husband is Filipino. We currently live in the USA (though US immigration has given us the run-around and his 10-year-stay-in-America-card is still in a delay process and he should have gotten it last year).

Anywho, when I get around to going back to Korea (hopefully in a few months), I'm wondering the following about his spouse visa:

1. Can he apply for his spouse visa at the same time I send in for my E-2, or does he have to wait out of the country for a while? I was really hoping to travel together, but some sites are suggesting that he'll have to hang back in the US and wait around for a couple of months.
2. What documents does he need? (such as, will he need an FBI background check, too, or is that just for the teachers)
3. Are spouses allowed to work? Obviously, he's not going to be getting an E-2, but he has experience working in factories and the like, only we gotta do this whole thing legal, ya'heard.
4. What are my chances of being rejected from an after-school public program or a university program on grounds that I have a dependent spouse, and not only that, but he isn't from my country or theirs?

And is there anything else I need to know? A lot has changed since I went over the first time (in 2006... wow, I feel old now).


1) yes, you can both apply for your visa at the same time.
2) marriage certificate.
3) No. They CANNOT legally work on an F3. He CAN change his status to D? for factory work when he finds a job.
4) Country is a non issue. Admitting to having a (non-teaching) dependent can be a big issue for private employers.

.
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Keeper



Joined: 11 Jun 2012

PostPosted: Fri Feb 21, 2014 3:06 pm    Post subject: Reply with quote

I believe you also need an invitation letter from the school for your spouse. The rest of the required papers are included with your own application, i.e. contract.

If he wants to find work in a factory he will need to take a Korean language proficiency test or work under the table. Check with US immigration to make sure the change of residency will not be a problem.

There is some prejudice towards most south-east Asians by many employers. Factory jobs here are ones that Koreans do not want so chances are he would be miserable doing them.
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wings



Joined: 09 Nov 2006

PostPosted: Fri Feb 21, 2014 4:42 pm    Post subject: Reply with quote

Quote:
I believe you also need an invitation letter from the school for your spouse. The rest of the required papers are included with your own application, i.e. contract.


You don't need an invitation letter from your school. But you need to have your visa first and then you get your spouse's, you can't get them at the same time. At least, that is what we were told when we did it. I got my visa in Japan and then my husband got his here in Korea, as you can switch from a tourist visa to a dependency visa if you are already in Korea.

The dependency visa is really pretty easy. You need your contract, your marriage certificate (in English) and a copy of your ARC (if you do it from inside Korea).
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alongway



Joined: 02 Jan 2012

PostPosted: Mon Feb 24, 2014 3:34 pm    Post subject: Reply with quote

Quote:
3) No. They CANNOT legally work on an F3. He CAN change his status to D? for factory work when he finds a job.

F3s can work with permission from immigration without changing status to another visa.
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I-am-me



Joined: 21 Feb 2006
Location: Hermit Kingdom

PostPosted: Thu Feb 27, 2014 4:16 pm    Post subject: Reply with quote

Quote:
F3s can work with permission from immigration without changing status to another visa.


Can you be more specific. This is the first time i have heard an f-3 can work with permission. What type of work were they allowed to do?

Regarding getting a visa, since he is filipino on a philippine passport, he might need to return to the philippines to get the visa since its not one of the visa waiver countries.
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alongway



Joined: 02 Jan 2012

PostPosted: Thu Feb 27, 2014 4:30 pm    Post subject: Reply with quote

I-am-me wrote:
Quote:
F3s can work with permission from immigration without changing status to another visa.


Can you be more specific. This is the first time i have heard an f-3 can work with permission. What type of work were they allowed to do?

Regarding getting a visa, since he is filipino on a philippine passport, he might need to return to the philippines to get the visa since its not one of the visa waiver countries.


You can read the immigration guide on the immigration website (I'll dig up a link later if you can't find it) as for specific work, they just have to qualify for it and can include many things. You can call immigration about specific kinds of work. I've even read stories of F3s being given permission to work at a hagwon in Daejeon without changing their visa.
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I-am-me



Joined: 21 Feb 2006
Location: Hermit Kingdom

PostPosted: Thu Feb 27, 2014 11:16 pm    Post subject: Reply with quote

[quote]the immigration guide on the immigration website (I'll dig up a link later if you can't find it) as for specific work, they just have to qualify for it"
/quote]


I think someone was pulling your leg. F-3 cant work. Now if they can find an employer that can sponsor them and prove to immi that no korean can do the same job, then they can possible change their visa status. But bottom line is...F-3's cant work.
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alongway



Joined: 02 Jan 2012

PostPosted: Fri Feb 28, 2014 12:52 am    Post subject: Reply with quote

[quote="I-am-me"]
Quote:
the immigration guide on the immigration website (I'll dig up a link later if you can't find it) as for specific work, they just have to qualify for it"
/quote]


I think someone was pulling your leg. F-3 cant work. Now if they can find an employer that can sponsor them and prove to immi that no korean can do the same job, then they can possible change their visa status. But bottom line is...F-3's cant work.


No one is pulling my leg.
F3s can absolutely work. They can obtain permission for activities outside of visa status and the instructions are in the file.
That includes work.
You can't just walk in somewhere and get a job on an F3, but you can request permission, and have it granted to work without changing the actual visa.
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I-am-me



Joined: 21 Feb 2006
Location: Hermit Kingdom

PostPosted: Tue Mar 04, 2014 7:19 am    Post subject: Reply with quote

Please provide link to this.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Mar 04, 2014 3:08 pm    Post subject: Reply with quote

I-am-me wrote:
Quote:
F3s can work with permission from immigration without changing status to another visa.


Can you be more specific. This is the first time i have heard an f-3 can work with permission. What type of work were they allowed to do?

Regarding getting a visa, since he is filipino on a philippine passport, he might need to return to the philippines to get the visa since its not one of the visa waiver countries.


No.
An F3 can be obtained anywhere as can a C3 provided you meet the criteria.

.
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