US Military stationed in South Korea and Family in Philippines

[kel&ruth 0]

Hello,

I am going to file for my wife and step-daughter's petition next month. The tricky part is that I have been stationed here in South Korea since 2011, me and my wife got married November 2013 in the Philippines, and our son just attained his passport/CRBA in Manila. My family resides in the Philippines.

1) Can I submit my wife and daughter's petition at the US Embassy in Seoul or is the best method to submit the petition at Yongsan Garrsion?

2) Do my wife need to be present for me to file the petition?

Anyone have any experience with this? Thanks

[Darnell 8,478]

man that's a tough one,

as usually the petitioner and beneficiary (you and your spouse) reside in the same country that has the DCF filing ability.

Can she come in, instead, to S. Korea as a military dependent? If yes, that would be the better route for a DCF'd I-130,

as

it's your presence in the country that determines eligibility on this, but if she's not in S. Korea, then I don't see USCIS accepting the I-130 petition there.

Have you talked with the USCIS office there, face to face? , or the immigration military helpline via phone?

[kel&ruth 0]

I sent them an email right before the holidays so I am waiting on their response. If that is the case then I will have to fly her into Korea for the petition along with my daughter. We do have an outreach service on our military post in Seoul so I will have to check them out Monday.

[kel&ruth 0]

I just spent the last few hours researching and stumbled across this website:

http://photos.state.gov/libraries/korea/187344/DHS/CIS_main.pdf

Information on Filing I-130 Petitions in Korea

I am not sure if I still qualify but it does say military members with orders to Korea. Hopefully that is a yes.

[Darnell 8,478]

she has to have legal presence in S. Korea prior to you filing the I-130. You've buddies around you, with foreign wives there - try to find out the exact steps they took to get them a Military Dependent ID plus access into the system. Do that quickly, this learning stuff, for the weekend.

Worst Case Scenario? You have an amendment into yer PCS that lists them, or somehow a new version of the PCS made, backdated, showing their names and foreign passport #s.

You might want to touch base with yer first sargeant this weekend, ask a bit about foreign wives, getting them Military dependent status and IDs, and what's required to get them 'legal presence' in S. Korea. [not any USA Immigration bits, fwiw] .

[kel&ruth 0]

It is good for me to bounce back information....helps me figure things out. So my apologies for all these replies.

My wife has her SOFA Visa on her Philippines Passport, Military ID Card, and Ration Control Card so hopefully that is good. My step-daughter is enroll in DEERS but she is still in the Philippines and never been processed. Do she need to be here as well? My 1SG is a dud and has a bad taste for Warrant Officers so he is out of the question. I got a lot of things to do come Monday when everything open up.

I would have done this earlier but I heard that the Visas expires after 6 months and I was not leaving Korea until July 2015 so I did not want to waste the Visas. Everything feels like crunchtime.

Edited December 26, 2014 by kel&ruth

[Darnell 8,478]

ya - yer gonna be ok - it's 2 to 4 months from I-130 submittal to interview day, then the 6 month visa validity calendar starts.

Happy to bounce all sorts of stuff with you, here and now in yer topic.

If she can get legal presence in S. Korea, as a military dependent attached to a US-Serviceman there at the base, IMO that's just better than having whatever a 'tourist visa' is, there. She'll need some civil docs from the PI to handle the DS-260 soonish, but I'm thinking she already has a birth certificate and a marriage certificate and a passport - she'll need a Police Clearance Certificate from the PI, as well - unsure what to tell you about getting it remotely (if she's in S. Korea at the time it's needed for the interview) but it's gettable before she jumps to S. Korea.

I don't know what a SOFA visa is or does - but if it gets her INTO the country (S. Korea) with no hassle and she has a duration of stay assigned longer than 6 months - I say plan a jump after she gets a PCC (see below)

As to yer son, he's already a USA Citizen and has a passport - should be easy to get him 'in' the base.

Sorry you've a dud for a first kick - But there's bound to be buddies of yers there that have foreign wives living with them in S. Korea (not S. Korean women, not usa citizens) that live there without USA Immigration status (no green card) and it's OK per military regs - if'n you get into this path, then it's gonna be easy for the DCF - but then what? still have to pay monies to get them both in country, attached to the base somehow.

Edited December 26, 2014 by Darnell

[kel&ruth 0]

Thanks for all the help. I will do some legwork this weekend. Good thing now is that my wife is in the Philippines and we can gather all the important documents that will be needed. If the Embassy tell me I need to have my wife present to qualify for the DCF then so be it. Just a small price to pay to be able to have my family with me in the States. No complaints there....just have to start counting my pennies more now hahaha.

[Darnell 8,478]

ya, i'll bet the entire left side of yer body that she'd have to be in S. Korea for the visa application to be successful for a DCF'd I-130.

if you do plan for her to jump to you, study (now) the civil docs requirement for the visa application, ds-260, up at

http://www.visajourney.com/wiki/index.php/NVC_Process#Step_7_-_Gather_IV_Package so she can get the docs she needs in the PI before she jumps to S. Korea. I am unsure about the PCC, though, thinking that some office in the PI wants to see an official letter from NVC or the DoS asking for it. I could, of course, be wrong...

and remember - docs submitted for the I-130 need only to be photocopies - she can scan and email stuff to you quickly, you print it out there.

once the I-130 is approved, the next phase, visa application, starts. AOS FEE is waived when DCF'd I-130 submitted prior, so that's a plus - shave 88 bucks there.

Edited December 26, 2014 by Darnell

[kel&ruth 0]

So I received an email from US Embassy in Seoul...you are correct Darnell. My wife has to be present during the petition. I do need to bring in my orders. The good thing is that once the petition is approved they will forward everything to the US Embassy in Manila.

[Darnell 8,478]

what? forward to Manila = different path.

[kel&ruth 0]

So what you are saying is that we won't be doing the DCF? It was an option that is given to us. I will have to ask them what the difference would be because my wife is going to be at the petition filing.

[Darnell 8,478]

perhaps is confusion?

is several steps on this.

1. file I-130

2. I-130 is approved.

3. file visa application, DS-260.

4. seek appointment.

5. do medical exam.

6. go to appointment, I-864 evaluated.

if casefile forwarded to Manila after step 2, not remain in Seoul, I am very confused.

[kel&ruth 0]

Oh I see what you are saying.....This is our scenario:

1) Wife attend petition filing per Embassy order

2) I will show them my military orders to show proof of residency

These are the words of the US Embassy Seoul:

" After the petition has been approved, the consular section will send you a packet of instructions and forms (Packet 3) that should be completed by your relative in support of his/her immigrant visa application. If your spouse and/or step-child will process their visas applications in Manila, please let us know at the time of filing and we will forward the approved petitions to the US Embassy in Manila for visa processing."

[Darnell 8,478]

ok. that [if] word makes the difference.

I had assumed (rightly or wrongly) that you were to bring all humans into Korea for the duration.