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Married overseas looking have wedding in the states

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My wife (non-US Citizen) and I (US Citizen) are legally married in Korea but we are planning to have a wedding ceremony in Hawaii we also plan to move back to the U.S. 6-8 months after that. Should I file for a K-1 Visa first to get approval for her to come and get married then pursue the change of status? Or do you think we should try to go ahead and schedule our wedding in accordance with the the I-130 timing? I'm really kind of lost on what approach I should take here any suggestions will be appreciated!

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If you're married in Korea then you're considered legally married everywhere, including the U.S so she couldn't get a K-1 VISA.

I'm currently going through VISA processes for my husband here in Korea (we married here) and from all I've read and experienced it's MUCH faster to do it while you're both residing in Korea.

Are you currently in Korea or the U.S? If you're in Korea on any long-term VISA (Work/Student/Marriage) it's probably best to apply from Korea (and stay together) than you having to live in the U.S separately from your wife while you wait for a VISA.

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

This all applies if your wife is a Korean citizen, if she's not I'm not sure if the same info. applies.

Edited by koreanjourney

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My wife (non-US Citizen) and I (US Citizen) are legally married in Korea but we are planning to have a wedding ceremony in Hawaii we also plan to move back to the U.S. 6-8 months after that. Should I file for a K-1 Visa first to get approval for her to come and get married then pursue the change of status? Or do you think we should try to go ahead and schedule our wedding in accordance with the the I-130 timing? I'm really kind of lost on what approach I should take here any suggestions will be appreciated!

You cannot apply for a K1 Fiance visa because you are married. therefore you do not qualify because for a K1 you have to be legally free to marry, you are not.

Once married you are married everywhere.

Your wedding ceremony in Hawaii would just be that.. a ceremony, not a legal wedding.

You would have to apply for a CR1 which in retrospect takes a lot longer to process, currently about 10-14 months I think(until you are approved).

http://travel.state.gov/content/visas/english/immigrate/types/family/immediate-relative.html

You will have to wait until it is approved and then arrive in the states where your wife would get a green card shortly after arrival and receive LPR status upon entry, you will then be able to travel to Hawaii, and have your ceremony as you wish.

As for the I-130, you can process this outside of the States, but do not think that you will be there in 6-8 months time, you can not just move back to the states when you feel like it, unfortunately immigration does not work that way just because you are married.

File at the Chicago or Phoenix Lockbox, depending on where you live and whether you are also filing Form I-485, Application to Register Permanent Residence or Adjust Status. The addresses are listed here: Direct Filing Addresses for Form I-130 web page.

If you reside outside of the United States where USCIS has an international office, you may file at the USCIS Chicago Lockbox facility or at the USCIS international office in the country in which you reside. If you reside outside of the United States where USCIS does not have an international office, you may file at the U.S. Embassy or consulate having jurisdiction over the area where you live only if exceptional circumstances exist and the USCIS Field Office Director with jurisdiction over that location determines that the Embassy or consulate may accept and adjudicate the case. For a list of USCIS international offices and filing instructions please visit www.uscis.gov/international.

-->http://www.uscis.gov/i-130

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Just a note specific to Korea. Don't send your I-130 petition to the Chicago lock-box if you're going to do the VISA in Korea. This takes a lot longer to process than directly submitting your documents at the Seoul embassy IN PERSON (which you can do if you're in Korea on a VISA yourself).

We submitted my husbands I-130 peition in October of 2014 and received approval after just 7 days, however there was an issue where my e-mail wasn't accepting the US embassys e-mail and so I didn't know I'd been approved until I called the embassy myself in December. So if you don't receive an email within a few weeks I'd call them).

The embassy then sends you a list of documents you need for your "packet 3" which you bring to the interview (you can usually set up the interview date for a month after approval) and they'll review the documents right there. If you send it to the Chicago lock-box you'll have to send your documents along first and have them approved (I've heard this could take months) and THEN the embassy will give you an interview date for a few months after they review your documents. Which means another step.

My husband and I could have set up our interview back in the fall had we gotten the embassy e-mail, but we didn't want to be in the U.S until this coming summer anyway so we couldn't have set up our interview that early. (You must leave Korea within 6 months of your medical checkup which is required before the interview).

Edited by koreanjourney

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If you are planning to go to Hawaii first for just a ceremony, and then move to the US permanently 6-8 months after that, she can use the VWP for the Hawaii trip (assuming she qualifies for ESTA), and you file I-130 in the meantime. It may take longer than 6-8 months for her visa unless you qualify for DCF.

As others have stated, she cannot get a K-1 as you are already married.

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Wow thanks guys for your input! I figured the K-1 wouldn't apply to me since I am married but I just had to make sure anyways. As far as having a ceremony in Hawaii we wouldn't have to apply for any special visas correct? She would just enter on a tourist visa and we would just have our ceremony without registering our wedding in the states?

What is a VWP?

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Just a note specific to Korea. Don't send your I-130 petition to the Chicago lock-box if you're going to do the VISA in Korea. This takes a lot longer to process than directly submitting your documents at the Seoul embassy IN PERSON (which you can do if you're in Korea on a VISA yourself).

We submitted my husbands I-130 peition in October of 2014 and received approval after just 7 days, however there was an issue where my e-mail wasn't accepting the US embassys e-mail and so I didn't know I'd been approved until I called the embassy myself in December. So if you don't receive an email within a few weeks I'd call them).

The embassy then sends you a list of documents you need for your "packet 3" which you bring to the interview (you can usually set up the interview date for a month after approval) and they'll review the documents right there. If you send it to the Chicago lock-box you'll have to send your documents along first and have them approved (I've heard this could take months) and THEN the embassy will give you an interview date for a few months after they review your documents. Which means another step.

My husband and I could have set up our interview back in the fall had we gotten the embassy e-mail, but we didn't want to be in the U.S until this coming summer anyway so we couldn't have set up our interview that early. (You must leave Korea within 6 months of your medical checkup which is required before the interview).

I am a Korean American on a F-4 Visa in Korea and she is a Korean citizen. We are planning to move back June-July of 2016 and from how fast you were approved when would you suggest first applying for the I-130 and starting the process? I don't want to send it in too early and then have to enter the US before our desired time. Also we just had a boy not too long ago and we are going to register him as a US citizen this week at the US Embassy will I need to file any separate petitions for him?

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Wow thanks guys for your input! I figured the K-1 wouldn't apply to me since I am married but I just had to make sure anyways. As far as having a ceremony in Hawaii we wouldn't have to apply for any special visas correct? She would just enter on a tourist visa and we would just have our ceremony without registering our wedding in the states?

What is a VWP?

VWP = Visa Waiver Program

Passport holders of VWP participant countries don't need to apply for visas in advance of travel. If your wife hasn't already done so, she would need to obtain travel authorization. See here: https://esta.cbp.dhs.gov/esta/

You wouldn't nee to register your wedding in the US, you are already married. As others have stated, the ceremony is only a ceremony.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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I am a Korean American on a F-4 Visa in Korea and she is a Korean citizen. We are planning to move back June-July of 2016 and from how fast you were approved when would you suggest first applying for the I-130 and starting the process? I don't want to send it in too early and then have to enter the US before our desired time. Also we just had a boy not too long ago and we are going to register him as a US citizen this week at the US Embassy will I need to file any separate petitions for him?

Hi,

Your son is a USC, he only needs his US passport to come home.

You will want to start now. It will take about a year to get the visa. Your wife will have about 6 months to use the visa.

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If they file in South Korea they can do DCF can they not?

DCF is possible provided the petitioner meets qualifications to utilize that filing method.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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I am a Korean American on a F-4 Visa in Korea and she is a Korean citizen. We are planning to move back June-July of 2016 and from how fast you were approved when would you suggest first applying for the I-130 and starting the process? I don't want to send it in too early and then have to enter the US before our desired time. Also we just had a boy not too long ago and we are going to register him as a US citizen this week at the US Embassy will I need to file any separate petitions for him?

Yes, I'd probably send in the I-130 just to make sure that doesn't have any issues now because once approved you don't have to schedule your interview until you want to. I'd call them after a month if you haven't heard back from USCIS by then. Then I'd make sure to gather all documents for the "packet 3" (they send you a checklist) and schedule the interview for 4-5 months before you want to leave. Schedule your wife's health check at one of the approved hospitals around 2 weeks before the interview (results take a week to come back) and then remember to electronically submit your "packet 4" before going to the interview. The info. is all at http://www.ustraveldocs.com/kr/kr-iv-documentpreparation.aspunder the headline "Cases not processed through NVC"

We have our interview next week so that's our next step, so I don't know any more from this point as of now.

My husband and I haven't have any children yet, but when immigrating I'm quite sure you'd put him on the forms as a dependent. There are spots you fill in for people you're planning on immigrating with.

My husband and I found that the Seoul office has a very specific way of doing things, which is why it can be much quicker to do it in person through them. So we relied on calling them directly and using the Seoul Embassy website since a lot of the info. given online had been too general (like suggesting we use the Chicago Lockbox, 1+ years of waiting, etc) which is all true if you file from the U.S or don't go directly through the Seoul U.S Embassy.

Edited by koreanjourney

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