Marry in U.S. then go abroad for work...Which Visa?

[miashin 0]

I am a U.S. Citizen, and my fiance is a Portuguese Citizen - been together 3 years.

We have been living in Italy for the last year because of my job, but now my job is taking me to S. Korea. Since we were in the EU, we didn't rush the marriage visa process because we could be together without getting married.

I want to take him with me to Korea, but the only way for him to stay there for more than 60 days is with a visa. My company will pay for my work visa and also will pay for the flight and living expenses for a spouse and visa paperwork, so we want to get married when we go to the U.S. next month.

So, to sum up - Next month, we want to do maybe a fun Vegas wedding, then fly to Korea for 6 months to a year.

Which visa do we apply for after the wedding?

Will he have to fly back to Portugal for the visa interview or can he do it at the consulate in S. Korea?

Thanks!!!

Mia

Edited April 20, 2011 by miashin

[milimelo 4,500]

I am a U.S. Citizen, and my fiance is a Portuguese Citizen - been together 3 years.

We have been living in Italy for the last year because of my job, but now my job is taking me to S. Korea. Since we were in the EU, we didn't rush the marriage visa process because we could be together without getting married.

I want to take him with me to Korea, but the only way for him to stay there for more than 60 days is with a visa. My company will pay for my work visa and also will pay for the flight and living expenses for a spouse and visa paperwork, so we want to get married when we go to the U.S. next month.

So, to sum up - Next month, we want to do maybe a fun Vegas wedding, then fly to Korea for 6 months to a year.

Which visa do we apply for after the wedding?

Will he have to fly back to Portugal for the visa interview or can he do it at the consulate in S. Korea?

Thanks!!!

Mia

VWP will do for marriage in the US. It's on you and the employer to get your husband proper visa for S Korea. Once in Korea for 6 months or more you can do Direct Consular Filing of I-130 for husband's immigrant visa to the US at the US embassy/consulate in S Korea (only if you're going to return to the US and maintain residence). No point in getting him an immigrant visa if you do not intend to live in the US.

[miashin 0]

VWP will do for marriage in the US. It's on you and the employer to get your husband proper visa for S Korea. Once in Korea for 6 months or more you can do Direct Consular Filing of I-130 for husband's immigrant visa to the US at the US embassy/consulate in S Korea (only if you're going to return to the US and maintain residence). No point in getting him an immigrant visa if you do not intend to live in the US.

THANKS!!!... so, we do plan on moving back to the U.S. after my work assignment is done.

Problem is that I don't know if we will leave right at 6 months or not. And, just as I am in Italy, I won't be a "permanent" resident - I don't even have my Resident Card here. I will be living in a hotel for the whole time. Does that matter for DCF?

[milimelo 4,500]

THANKS!!!... so, we do plan on moving back to the U.S. after my work assignment is done.

Problem is that I don't know if we will leave right at 6 months or not. And, just as I am in Italy, I won't be a "permanent" resident - I don't even have my Resident Card here. I will be living in a hotel for the whole time. Does that matter for DCF?

As long as you have a work visa vs just a tourist visa you should be fine. Get a letter from employer showing your local work address and explain the living arrangements.

Edit: alternatively, rather than waiting to have 6 months of residency in S Korea, you could file I-130 with your USCIS service center (CSC or VSC) and have your husband interview in S Korea vs Portugal.

Edited April 20, 2011 by milimelo

[miashin 0]

As long as you have a work visa vs just a tourist visa you should be fine. Get a letter from employer showing your local work address and explain the living arrangements.

Edit: alternatively, rather than waiting to have 6 months of residency in S Korea, you could file I-130 with your USCIS service center (CSC or VSC) and have your husband interview in S Korea vs Portugal.

Thanks again! That is very helpful! Especially since I'm not sure the date that I will be finished with work, I don't want to wait 6 months just to find out that we have to leave and not have time to wait for the filing. I wasn't aware that he could go to the visa interview in a country other than his own.

P.S. - I see you're from Evanston... I grew up in Deerfield I miss the midwest!

[miashin 0]

Just as a follow up for anyone that might be wondering....

I was not able to file any papers through the U.S. Embassy in Korea because I can't even START paperwork until I've been a resident here for 6 months first - doesn't matter if it's the I-130 or DCF - 6 months is the minimum time required to be there.

On a different note, they told me that if I did happen to stay in Korea longer and apply through the embassy in seoul and then move again, I would be able to transfer my paperwork.

Emailed response is as follows:

If USCIS accepts your I-130 and you are allowed to apply for consular processing, your approved I-130 will be forwarded to the immigrant visa office in Seoul. If your spouse cannot complete his visa interview prior to your departure, your spouse may apply for a case transfer to another country other than the U.S. To transfer a visa case from one U.S. Embassy to another, the IV applicant must send a request by submitting a DS-3098 (Request for Transfer of Visa) form by mail, fax or e-mail, along with a justification for the request, to the intended receiving embassy. The intended receiving embassy then decides whether or not to accept the file. If the receiving embassy accepts the case, it will request the sending embassy to transfer it. The receiving embassy should accept the case if the applicant is a citizen of that country or is currently living in that country.

Ciao!

[milimelo 4,500]

Just as a follow up for anyone that might be wondering....

I was not able to file any papers through the U.S. Embassy in Korea because I can't even START paperwork until I've been a resident here for 6 months first - doesn't matter if it's the I-130 or DCF - 6 months is the minimum time required to be there.

On a different note, they told me that if I did happen to stay in Korea longer and apply through the embassy in seoul and then move again, I would be able to transfer my paperwork.

Emailed response is as follows:

If USCIS accepts your I-130 and you are allowed to apply for consular processing, your approved I-130 will be forwarded to the immigrant visa office in Seoul. If your spouse cannot complete his visa interview prior to your departure, your spouse may apply for a case transfer to another country other than the U.S. To transfer a visa case from one U.S. Embassy to another, the IV applicant must send a request by submitting a DS-3098 (Request for Transfer of Visa) form by mail, fax or e-mail, along with a justification for the request, to the intended receiving embassy. The intended receiving embassy then decides whether or not to accept the file. If the receiving embassy accepts the case, it will request the sending embassy to transfer it. The receiving embassy should accept the case if the applicant is a citizen of that country or is currently living in that country.

Ciao!

Just as you were told before - 6 months of residency to file for DCF (and I-130 is what's filed as DCF). This is about to change in 13 days in that unless there is a USCIS office in that country, you will not be able to do DCF but have to mail the petition to Chicago Lockbox.

File I-130 now - once it's approved and makes its way to NVC that's when you can request any consulate changes if need be -- exactly as the email todle you.