American trying to get his Korean wife a IR-1 visa ASAP!

[david morehead 0]

Here is my situation...

Background info: I'm a US citizen (lived in Korea for 7+ years). My wife iS South Korean. We have been married for 4-1/2 years. I have a new job starting on August 20th in America (salary $49,000)

- I'm mailing in my 2015 taxes on June 7th from South Korea to the US.

- I will complete my 2014 and 2013 taxes by June 10th (if things go smoothly)

- I'm flying out of Korea on July 31st, about 8 weeks from now. My wife plans to fly to America 4 to 8 weeks after my departure on July 31st.

Q1) The IR-1 DCF spouse visa (via the American Embassy in South Korea) seems like the best option but is there any chance I could go through the entire visa process in 8 weeks?

Q2) Because I don't have my 2015 taxes filed, do I have to wait until I have the tax "receipt" to move forward? Can I show a copy of the filed out tax forms and have the taxes sent certified mail so that I can prove they have been mailed? Is it worth filing the I-130 if I don't know when my 2015 tax receipt will be received?

Q3) If the 8 weeks isn't long enough to complete the process, what would be my 2nd best option so that my wife can start working in America ASAP!!!

1) start the IR-1 DCF visa process here in South Korea and finish it in America...if this is even possible?

2) get a K-3 visa and then apply in America for the IR-1?

3) just go through the visa process once my wife is in America? (I'm pretty sure this option is the worst!)

Any advice would be so greatly appreciated. My head is spinning and my wife really doesn't want to sit idle in America for 6 months. I'm hoping someone out there can guide me through this!

THANKS!!!!!!!!!!!!!!!!!!!!!

[Lemonslice 4,553]

It will be more than 8 weeks, realistically - with taxes and other documents to gather, and wait for interview. See https://egov.uscis.gov/cris/ptIntlIntro.do

Q3-2 is not going to happen.

Q3-3 is fraud.

Good luck

[Penguin_ie 5,985]

Q1- possible, it took us about 6 weeks (different embassy), but I wouldn't count on it.

Q2- you can show the taxes filed. Chances are by interview time, you will have a receipt of them getting it anyways. File now, so the I-130 is approved before you leave South Korea.

Q3- a.no, not possible.

b. K3 takes over a year, it is much slower than DCF

c. It would be visa fraud and illegal for your wife to travel on a tourist visa and then stay in the USA

DCF is super fast, you are priviledged to have it. There is a good chance your wife will need to wait a bit longer in South Korea, but that is better than risking a ban from visa fraud. My suggestion is to include a cover letter with the filing explaining the situation and asking for them to move on the case asap.

[david morehead 0]

Thanks for all the advise. I was very very very confused because I was under the impression that my wife and I were both required to be present for the interview. After doing some more reading, it appears that ONLY my wife is required for the interview.

If someone can verify this, that I can leave for America and my wife can complete the interview/visa process alone, that would be greatly appreciated!

My new salary will be $49,000 so that eliminates me from needing a sponsor!!!!!!!

[Unlockable 7,306]

Future salary is not primarily considered as it is not guaranteed. You will need to show previous years salary and employment history.

Quite possible that you may still need a sponsor.

[jan22 2,898]

But to confirm you basic question -- you have to final the I-130 for the DCF before you leave Korea. You do not have to be there for the rest of the process.

[Penguin_ie 5,985]

Yeah you only have to file the I-130 before leaving, and will not need to be present at the interview.

Your salary from the new job will only count if you started it by the time her interview comes around, a signed job contract is not enough.

[KWaps 1]

You are very lucky to have DCF! I've been married for over 15 years, we have 3 kids and because there is no DCF in Australia where we live, my husband's greencard will take abou 16 months, and I will quite possibly have to move back to US by myself with the 3 young kids to prove domicile without him for up to 6 months! Be grateful and get I-130 in. If you have to go back to S Korea once that's no big deal, just advise your new employer that it may happen

[david morehead 0]

Future salary is not primarily considered as it is not guaranteed. You will need to show previous years salary and employment history.

Quite possible that you may still need a sponsor.

I'm a little confused still...

My salary in Korea was over $36,045 (the 125% over the poverty line for 2 people) for the past 3 years. Will this help eliminate me from needing a sponsor? Or will they simply look at my US taxes and see my US income as $0?

Will having X amount in savings effect my standing?

If you can't tell...I'm really trying to get out of needing a sponsor haha

THANKS!

You are very lucky to have DCF! I've been married for over 15 years, we have 3 kids and because there is no DCF in Australia where we live, my husband's greencard will take abou 16 months, and I will quite possibly have to move back to US by myself with the 3 young kids to prove domicile without him for up to 6 months! Be grateful and get I-130 in. If you have to go back to S Korea once that's no big deal, just advise your new employer that it may happen

Thank you for giving me some perspective on the situation. It appears I have it easy compared to people coming from Australia. Best of luck to you and your family!!!

[Penguin_ie 5,985]

You are in a tricky situation, salary wise; your past Korean salary will not count because income must be current and ongoing, and that will stop when you move to the USA. Your future salary in the USA will only count once you actually start the job; a job offer, even a firm one, will not count. So from that point of view, you moving first, without the wife, and then being able to send back a few paystubs and a letter from your employer saying you started, and that the job is stable and long term, would help.

The other options are a co=sponsor, or sponsoring her on assets.

[david morehead 0]

You are in a tricky situation, salary wise; your past Korean salary will not count because income must be current and ongoing, and that will stop when you move to the USA. Your future salary in the USA will only count once you actually start the job; a job offer, even a firm one, will not count. So from that point of view, you moving first, without the wife, and then being able to send back a few paystubs and a letter from your employer saying you started, and that the job is stable and long term, would help.

The other options are a co=sponsor, or sponsoring her on assets.

Thank you so much for all this information. I've read through a lot of information about sponsoring my wife via my "assests" but it never gives a $ amount that is required.

I have approximately $135,000 between my American and Korean bank accounts. Is this enough to qualify as her sponsor???

[david morehead 0]

Q1- possible, it took us about 6 weeks (different embassy), but I wouldn't count on it.

Q2- you can show the taxes filed. Chances are by interview time, you will have a receipt of them getting it anyways. File now, so the I-130 is approved before you leave South Korea.

Q3- a.no, not possible.

b. K3 takes over a year, it is much slower than DCF

c. It would be visa fraud and illegal for your wife to travel on a tourist visa and then stay in the USA

DCF is super fast, you are priviledged to have it. There is a good chance your wife will need to wait a bit longer in South Korea, but that is better than risking a ban from visa fraud. My suggestion is to include a cover letter with the filing explaining the situation and asking for them to move on the case asap.

Quick question about the I-130 form....

B. Information About You (Address)

I'm still living in Korea (and will file the I-130 while in Korea) so should I put my current Korean address or the US address that I'm moving to in 8 weeks?

My wife and I are moving out of our Korean house on July 31st so chances are I'll be living in America and she will be living at a different address by the time her interview rolls around.

[david morehead 0]

Thank you so much for all this information. I've read through a lot of information about sponsoring my wife via my "assests" but it never gives a $ amount that is required.

I have approximately $135,000 between my American and Korean bank accounts. Is this enough to qualify as her sponsor???

I found some information! It was just past where I stopped reading ahhhhh.

My assets must be at least 3 times the difference between my household income and poverty guidelines for my household.

[Penguin_ie 5,985]

Use your Korean address for the I-130, as you are filing DCF. You can change the address for her when she moves to a new place.

Yes, your assets sound plenty, if it is just you and the wife, you'll need about $66'000. Some embassies want the assets to be US based, so if you can transfer as much as possible over to the US account that would help. BTW, we sponsored me on assets too, it is quite common for those filing DCF.

[Marrienne 112]

Just to chime in on the DCF thing, Embassy in Greece... we got SO MANY RFEs (which were outside of their instructions btw, they just kept asking for more and more evidence), we are 4+ months, almost 5 months and still no visa!!
It was supposed to take maximum 3 months...but you never know with REFs and *gasp*, APs!!!!!