K1 Visa previous deportation from Korea

[rollojusten 9]

I am a petitioner for my fiance's K1 Visa from Thailand. We recently received NOA2 and i am waiting for our case number from NVC. My biggest concern is that my. fiance was previously deported from South Korea for overstaying her visa and she is blacklisted permanently from Korea. I consulted with a Visa agency in Thailand and they informed me that while a deportation is not a crime of moral turpitude, it does show a tendency to not follow laws and regulations and could result in a visa denial. I had hoped that since the K1 visa shows immigrant intent, a previous immigration violation in Korea wouldn't matter. Has anyone encountered a similar situation? Any advice would be much appreciated 

[Crazy Cat 41,978]

Overstay in S. Korea will have no impact on a K-1 visa.  

Edited June 27, 2023 by Crazy Cat

[SalishSea 17,920]

25 minutes ago, rollojusten said:

I am a petitioner for my fiance's K1 Visa from Thailand. We recently received NOA2 and i am waiting for our case number from NVC. My biggest concern is that my. fiance was previously deported from South Korea for overstaying her visa and she is blacklisted permanently from Korea. I consulted with a Visa agency in Thailand and they informed me that while a deportation is not a crime of moral turpitude, it does show a tendency to not follow laws and regulations and could result in a visa denial. I had hoped that since the K1 visa shows immigrant intent, a previous immigration violation in Korea wouldn't matter. Has anyone encountered a similar situation? Any advice would be much appreciated 

She will need to have a police report from S.Korea however.

[JeanneAdil 6,539]

South Korea deportation or departure (exit order)?   they are very different

 

Did the person pay the fee for each day of overstay Or have to stay in Jail till it was paid?

makes a difference as it will show up on criminal report needed from korea if there long enough to need criminal report

 

another member has similiar issue and deported  and can not get the needed clean criminal report from Korea as the man was jailed while waiting for family money to pay the fines

 

What happens if you overstay in South Korea?

 

Exceeding your authorized stay or not possessing a valid visa may result in detention and fines. In the event of an overstay, apply for a visa extension from the Korea Immigration Service (KIS) before attempting to leave the country.

 

https://seoullawgroup.com/south-korea-deportation-rules/

Edited June 27, 2023 by JeanneAdil

[rollojusten 9]

16 minutes ago, JeanneAdil said:

South Korea deportation or departure (exit order)?   they are very different

 

Did the person pay the fee for each day of overstay Or have to stay in Jail till it was paid?

makes a difference as it will show up on criminal report needed from korea if there long enough to need criminal report

 

another member has similiar issue and deported  and can not get the needed clean criminal report from Korea as the man was jailed while waiting for family money to pay the fines

 

What happens if you overstay in South Korea?

 

Exceeding your authorized stay or not possessing a valid visa may result in detention and fines. In the event of an overstay, apply for a visa extension from the Korea Immigration Service (KIS) before attempting to leave the country.

 

https://seoullawgroup.com/south-korea-deportation-rules/

She was deported. She was detained until she could be put on a flight to Thailand 

[JeanneAdil 6,539]

was she a legal resident?

how long did she live in Korea?

Detained or jailed?  detained at airport is not same as jailed

then she should apply to get Korean criminal report to see what it says

[rollojusten 9]

Just now, JeanneAdil said:

was she a legal resident?

how long did she live in Korea?

Detained or jailed?  detained at airport is not same as jailed

then she should apply to get Korean criminal report to see what it says

She was not a legal resident. She lived in Korea for 2 years. She was kept in detention by Korean immigration (not at the airport) until a flight was available to take her back to Thailand. This occured during the early stages of Covid where very few flights were available. 

 

We will apply for the police certificate, as it will be required. She will also have to disclose this on her DS-160. I am trying to see how much of a problem this will cause us and see what can be done to put her in the best position to get her visa approved 

[Jason and May 79]

My assumption is that it will largely depend on the circumstances and the interviewing officer's discretion on your fiancé's case. 

 

My wife was deported from Jordan in 2018. She was held in jail, waiting for her boss to pay the fees for her stay, and then eventually decided to go back to the Philippines. So they put her on a flight to the Philippines. 

 

I still married her and we applied for a CR-1. We know it will likely be on her PCC from Jordan, and we know it could affect the decision on her visa. We've asked VJ forum members, and I've asked two attorneys. I've received all different answers: yes, no, maybe. My slightly educated guess is that there is no hard and fast rule on the necessity of a "clean" PCC. I believe it depends on the nature and circumstances of the crime. I also do not believe a deportation from another country other than the United States immediately bars anyone from an immigrant visa. I think it comes down to the interviewing officer and their discretion. 

 

So, while we could just not tell anyone about her stay in Jordan, we're not going to lie. She's putting it on her 160, we're getting the Jordanian PCC, and she will explain or attempt to explain the circumstances of that overstay and deportation, and we'll see what happens. 

 

At the end of the day, it's life, my friend. And we make do with what we've got, and this is what we've got. And it's what you've got. So... I wish you all the very best. I really hope it comes out in your favor. 

[Redro 4,611]

4 hours ago, SalishSea said:

She will need to have a police report from S.Korea however.

 

3 hours ago, rollojusten said:

She was not a legal resident. She lived in Korea for 2 years. She was kept in detention by Korean immigration (not at the airport) until a flight was available to take her back to Thailand. This occured during the early stages of Covid where very few flights were available. 

 

We will apply for the police certificate, as it will be required. She will also have to disclose this on her DS-160. I am trying to see how much of a problem this will cause us and see what can be done to put her in the best position to get her visa approved 

Korea usually will not give PCCs to nonresidents.  I assume you have the deportation records? 
And overstay in another country generally isn’t a problem. We have another member who is scheduled to interview in the UK even though he is out of status.

[rollojusten 9]

Just now, Redro said:

 

Korea usually will not give PCCs to nonresidents.  I assume you have the deportation records? 
And overstay in another country generally isn’t a problem. We have another member who is scheduled to interview in the UK even though he is out of status.

I dont believe we have any records of the deportation. She doesn't even have the passport stamp anymore because she changed her name after the returned to Thailand and her old passport wasnt returned. Im looking into the PCC because the Department of State Website shows that the records are obtainable through the Korean Embassy in Bangkok. Im not sure if they are available for non-residents

[Redro 4,611]

1 minute ago, rollojusten said:

I dont believe we have any records of the deportation. She doesn't even have the passport stamp anymore because she changed her name after the returned to Thailand and her old passport wasnt returned. Im looking into the PCC because the Department of State Website shows that the records are obtainable through the Korean Embassy in Bangkok. Im not sure if they are available for non-residents

She will need to give her previous names used (before name) and supply the passport she used in Korea… you might want to consult with a lawyer in Korea to help you with the paperwork. 
https://overseas.mofa.go.kr/gb-en/wpge/m_8347/contents.do

maybe the Korean consulate in Thailand gives different instructions? 

[rollojusten 9]

Just now, Redro said:

She will need to give her previous names used (before name) and supply the passport she used in Korea… you might want to consult with a lawyer in Korea to help you with the paperwork. 
https://overseas.mofa.go.kr/gb-en/wpge/m_8347/contents.do

maybe the Korean consulate in Thailand gives different instructions? 

She doesn't have the passport anymore. It was not returned to her when she received her new passport 

[Redro 4,611]

1 minute ago, rollojusten said:

She doesn't have the passport anymore. It was not returned to her when she received her new passport 

She doesn’t have any photos /photocopies of the old passport? 

[rollojusten 9]

Just now, Redro said:

She doesn’t have any photos /photocopies of the old passport? 

We have nothing 

[Redro 4,611]

Just now, rollojusten said:

We have nothing 

Apologies! I was reading too fast.., it says if you used another passport in Korea to show them your current passport! hopefully you can get the PCC…