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While Away
Joined: 03 Dec 2006
Location: Seoul
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 Posted: Sat Mar 28, 2015 5:06 pm Post subject: Both Spouses, dual residency? |
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After marriage, (assume American man and Korean woman), is it possible for the man to become a Korean resident and the woman to become an American resident (both). Would it depend on actually living in both places?
After a marriage visa or a certain number of years (3 years?) what is the visa that the husband can get to “own” the visa so that it is not a “marriage visa” anymore?
For both to get the other country’s residency, would there be a preferred order (husband gets Korean residence then wife gets American residence)?
Is it necessary to get married in both Korea and America, or is marriage in only America enough? Any information or experiences are appreciated. |
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greatunknown
Joined: 04 Feb 2010
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| Posted: Wed Apr 01, 2015 7:33 pm Post subject: |
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Im from Canada so I cant say I know anything about American residency laws, but, I am married to a Korean. When you get married you can apply for an F6 visa which I suppose you might call a marriage visa. Your wife is your sponsor and its much better for working then say an E2 teaching visa. After a certain amount of time (2 years I think) you can apply for an F5 visa. An F5 visa is a permanent resident visa and there is no sponsor.
Hope that helps |
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Brooks
Joined: 08 Apr 2003
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| Posted: Wed Apr 01, 2015 7:50 pm Post subject: |
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It must be easier to get a F5 then to get the green card.
The green card can even be issued in Guam, but your spouse would have to fly there to get it, with the intent of moving to the US.
I think if you have been married less than two years the K1 visa is possible. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Apr 01, 2015 8:23 pm Post subject: Re: Both Spouses, dual residency? |
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| While Away wrote: |
After marriage, (assume American man and Korean woman), is it possible for the man to become a Korean resident and the woman to become an American resident (both). Would it depend on actually living in both places?
After a marriage visa or a certain number of years (3 years?) what is the visa that the husband can get to “own” the visa so that it is not a “marriage visa” anymore?
For both to get the other country’s residency, would there be a preferred order (husband gets Korean residence then wife gets American residence)?
Is it necessary to get married in both Korea and America, or is marriage in only America enough? Any information or experiences are appreciated. |
AFTER you change to an F5 there are still restrictions.
You cannot be out of the country for more than 2 consecutive years or you lose the F5.
AND (I might be in error on this but) you must be in Korea for 1095 days out of any 1826 day period (in any 5 year period your combined absence from Korea cannot exceed 2 years in total).
There are also restrictions on green card holders in regards to extended absences but I am not current on US immigration laws.
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WhileAway
Joined: 30 May 2011
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| Posted: Wed Apr 01, 2015 8:42 pm Post subject: |
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I did a little more research on the American side of this. It seems like for the Korean wife to get the residency visa, you both have to be living in America. She would have to be there, of course, to be a resident. And the husband would have to be there to prove that it is a legitimate marriage. So I don't think it would be possible for both spouses to get residence in each others countries as one residency rule or the other would be broken.
Any other experience with this would be very interesting. |
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Brooks
Joined: 08 Apr 2003
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| Posted: Wed Apr 01, 2015 9:32 pm Post subject: |
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No, the foreign spouse can apply for the US visa in Korea.
I hear it takes longer to get the green card when the couple is living in the US. |
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