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Getting married in Korea or K1 visa?

 
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DjKniteX



Joined: 15 Sep 2014

PostPosted: Wed Jun 17, 2015 7:29 pm    Post subject: Getting married in Korea or K1 visa? Reply with quote

I'm over here in the US and my GF will finish her degree this year and was wondering what would be the easiest way to bring her here?

I read that people who get married in Korea (I will be here during my 2 weekt rip) can go to the US and then fill out immigration forms then or should I play it safe and invest into the K1 visa and wait 6 months?
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bucheon bum



Joined: 16 Jan 2003

PostPosted: Thu Jun 18, 2015 5:22 am    Post subject: Reply with quote

The K-1 visa might take longer than 6 months. For us, it took nearly a year from the time we sent in the application to the day she arrived here in the US. 4 months of that was due to USCIS losing track of our file/case, but even if you take that out of the equation, it would have been about 8 months. Right now, the process is a bit quicker than that, but since all applications are going through the California Service Center now, it might become slower in the near future.

Getting married in Korea, then coming to the USA via VWP and then adjusting for status (what you describe as the immigration forms) is technically illegal. You have to file for a IR-1/CR-1 visa and go that route. The upside to that is it is cheaper than the K-1 visa (which is $340 for the initial application, then $165 for the visa itself, then $1070 for the green card application). It takes around a year though, from what I've read. The upside is once she arrives in the USA, she can immediately work and will have a green card.

One other option is for your gf to fly to the USA and you two get married there. She would then file an adjustment of status after that. Arguably illegal since one is not supposed to enter the USA via VWP with the intention to immigrate, but if you can come up with a story, you should be OK.
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DjKniteX



Joined: 15 Sep 2014

PostPosted: Thu Jun 18, 2015 8:03 am    Post subject: Reply with quote

Might just go the K1 route to be safe. When should I do the green card application? As soon as we get married? Or is there a time limit?
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bucheon bum



Joined: 16 Jan 2003

PostPosted: Thu Jun 18, 2015 9:35 am    Post subject: Reply with quote

DjKniteX wrote:
Might just go the K1 route to be safe. When should I do the green card application? As soon as we get married? Or is there a time limit?


The only time limit is you have to get legally married w/in 90 days of her entry into the USA. You do not have to do the green card application by any certain time, but your GF's life would be pretty limited since she wouldn't be able to work, and if she were to leave the US, she'd be unable to return. When applying for the green card, you can also apply for a work permit and advanced parole, which allows you to leave and re-enter the US. It takes 2-3 months after applying to receive those, while the green card can take who knows how long...

I recommend checking out the website visajourney.com. While the posters there are a bit paranoid IMO, it has lots of useful info and can give you an idea of the K-1 process.
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