What constitutes residency?

[noreaga 0]

Hi everyone! I have been reading up here on the VJ site, and initially thought that my girlfriend and I would go the K-1 route, but it appears that the CR1/DCF might be more appropriate. A quick rundown: i am a Canadian, she is American. Starting in September 2012, I will be working in Seoul, South Korea, and she intends to join me there after 3-6 months. I will spend a minimum of 2 years there.

Once we get married, we'd like to start the visa process as we would eventually like to settle in the US. I have read that in order to qualify for DCF, the US citizen needs to have been a resident of the country that the consulate is in for a minimum of 6 months. So my big question is, what do we need to do in order to prove that she's been a resident of Korea for 6 months? Does she need to be working, etc.?

Thanks in advance!

[wee carrington 33]

I sent in copies of my visas with my I-130 petition to prove UK residency (I am the USC).

[Harpa Timsah 13,258]

Information on the Seoul USCIS International Office below. Looks like DCF still exists for Korea, lucky for you! (DCF has disappeared in most countries).

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=54180a9de954d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

[noreaga 0]

yes, that is indeed fortunate. still looking for a solid answer, or a point in the right direction, on what would be required to prove residency, for the both of us. Are copies of visas/employment contracts/paystubs enough?

[Harpa Timsah 13,258]

That'd be a question for the Seoul USCIS office, but it is generally being there for 6 months with some kind of legal status.

[wee carrington 33]

yes, that is indeed fortunate. still looking for a solid answer, or a point in the right direction, on what would be required to prove residency, for the both of us. Are copies of visas/employment contracts/paystubs enough?

She doesn't need her employment contract or paystubs to file the I-130, a copy of her valid visa will be sufficient as long as she has been in Korea 6 months at the time she sends the petition. I would read through the Korean Embassy website thoroughly and just follow the instructions on what to send. The I-130 is very straight forward.

http://seoul.usembassy.gov/visas_immigrant_visas.html

Edited December 30, 2011 by Mrs GH

[noreaga 0]

Thank you all, this has been very helpful! I do have more questions about the DCF process, but think I should start another post as it doesn't immediately pertain to the original question around residency

[Onggoy Diyos 8]

Hi everyone! I have been reading up here on the VJ site, and initially thought that my girlfriend and I would go the K-1 route, but it appears that the CR1/DCF might be more appropriate. A quick rundown: i am a Canadian, she is American. Starting in September 2012, I will be working in Seoul, South Korea, and she intends to join me there after 3-6 months. I will spend a minimum of 2 years there.

Once we get married, we'd like to start the visa process as we would eventually like to settle in the US. I have read that in order to qualify for DCF, the US citizen needs to have been a resident of the country that the consulate is in for a minimum of 6 months. So my big question is, what do we need to do in order to prove that she's been a resident of Korea for 6 months? Does she need to be working, etc.?

Thanks in advance!

They didn't really ask me or anything in Manila. Just the fact that I was there seemed to be good enough. I was a tourist there only a few weeks. I guess they figure it'd be difficult to keep flying there from the US, just to try to speed the visa process.

I don't know if it's just Manila, but they were rather lax about a lot....

[ekistler 1]

She needs to be a legal resident for at least 6 months in most countries. Phils is a little different. Seems they shoot fast and loose with requirements there. In China you need to have a resident permit which can be obtained by having a job here or by marrying someone that has a job with legal residence permit. In China they count time in the country on a tourist visa as going toward total time on the residence permit but you probably need to check with someone in Korea to see if it is the same there.

Good luck!