Visa Categories

Spouse and Children of U.S. Citizen

 A Guide to Immigration for Spouses of U.S. citizens in Korea

 A Guide to Immigration for Immediate Relatives of U.S. citizens

What is an immigrant visa?

This guide explains the immigrant visa (IV) process for spouses of U.S. citizens (visa classes CR/IR1). A similar process applies to certain children (CR/IR2) and the parents (IR5) of U.S. citizens. U.S. immigration law establishes two broad categories of visas:

Nonimmigrant visas (NIV) are limited to applicants who seek entry to the U.S. for temporary visits (tourism, business, study). With a few exceptions, all successful NIV applicants must demonstrate that their ties to a life outside of the U.S. are so strong that they will be compelled to depart the U.S. after their temporary visit is complete. U.S. law places the burden of proof solely on the applicant, gives the applicant no entitlement to a visa and assumes the applicant is in fact an intending immigrant despite the applicant's claims otherwise. U.S. law forbids the issuance of a NIV as an alternative to an IV.

Immigrant visas (IV) allow applicants to seek entry to the U.S. to reside for an indefinite period. U.S. law places the burden of proof solely on the applicant and gives the applicant no entitlement to a visa. U.S. law requires all spouses of American citizens relocating to the U.S., including U.S. Forces Korea (USFK) family members, who are neither U.S. citizens or holders of unexpired U.S. immigrant status to enter the U.S. with an IV in hand.

A foreigner who enters the U.S. with an IV will gain either conditional (married to a U.S. citizen petitioner for less than 2 years) or permanent (married longer than 2 years) resident status. The U.S. Department of Homeland Security (DHS), Citizenship and Immigration Services (CIS) is responsible for processing immigrants in the U.S. The CIS-issued alien registration card (I-551), nicknamed a green card after its pre-1977 design, is evidence of an immigrant's lawful admission, and authorization to work and reside in the U.S. Entering the U.S. with an immigrant visa and establishing a residence there is the first step toward naturalization as a U.S. citizen.


How long does it take?

Because each case is unique and the underlying immigrant petition is good until used to apply for an IV, we urge all potential applicants to start this process early. There is no substitute for an IV and no such thing as "rush processing." If an applicant fails to take timely steps or does not qualify for an IV, the applicant may be left behind when the U.S. citizen family members depart Korea. Four months is a rough estimate of the minimum amount of time needed for a case of entirely Korean origin and processing, but no guarantee can be made for exactly how long processing will take.


If you are not yet married and wish to consider marrying in the United States, click here for more information on fiance visas.


What is involved?

Qualifying for an IV is a "by the numbers," legally defined process that is not waiverable and requires sequential, distinct, formal applications and processing by two separate U.S. government agencies:

First, the U.S. Department of Homeland Security(DHS),Citizenship and Immigration Services (CIS) adjudicates an immigrant petition (I-130) filed by the U.S. citizen spouse (petitioner) for the benefit of the foreign citizen spouse (beneficiary). CIS determines if the identities and relationships of the parties involved fall within U.S. immigration law. Once approved, an I-130 remains valid as long as the relationship exists and until the beneficiary qualifies for an IV. The I-130 is the only basis on which the beneficiary can make an IV application.

Second, the U.S. State Department, Consular Affairs, Immigrant Visa unit (CONS-IV) adjudicates the beneficiary's IV application, based on the approved I-130. CONS-IV determines if your spouse, like any other IV applicant and regardless of your relationship and your status as a U.S. citizen or USFK member, is eligible for a visa.

The information that follows explains what happens each step along the way.

IMPORTANT:
Petitioners living in Korea who are not affiliated with the U.S. military or U.S. government, please note: In order for your beneficiary to be eligible for an immigrant visa following petition approval and scheduling of her/his immigrant visa appointment, you as sponsor will need to show you are domiciled (living) in the United States, or actively in the process of relocating to the United States.

If you are eligible to file the petition in Korea, first, obtain the I-130 and Biographic Data form (G-325) from CIS Seoul or download the forms online from the CIS website (http://www.uscis.gov). U.S. Forces Korea personnel may obtain petition forms from their personnel or legal offices. Others can obtain petition forms online, by e-mailing
CIS-Seoul.Inquiries@DHS.Gov or by mailing a request to CIS, U.S. Embassy Seoul, either 32 Sejong-ro, Jongro-Ku, Seoul 110-710 or Unit 15550, APO AP 96205. Please be sure to include your return mailing address and contact information.

  Form I-130 is also available on-line.

Second, after completing all forms and gathering necessary documents, you may request an appointment to submit the immigrant petition by e-mailing
CIS-Seoul.Inquiries@DHS.Gov.  Please provide your name, name of the beneficiary and country of birth, contact telephone numbers, and several appointment dates and times when you are available. For more information, click here. The U.S. Embassy is closed on both U.S. and Korean holidays. Here is a map to the Embassy.

U.S. government personnel may have additional processing requirements to complete before marrying a foreigner. It is crucial to know that status as a U.S. Forces Korea or U.S. government family member is no substitute for an IV. Your spouse is required to obtain a visa even if she/he is on your military orders or has a military ID and/or ration card.

A petition, after CIS approval, remains valid as long as the relationship between the petitioner and beneficiary is intact. Once an IV applicant receives Packet 3 (explained below), however, you must at least contact CONS/IV within one year or the petition may be terminated.

The fee for filing an I-130 petition is US$355, payable in person, in dollars or in won, cash or money order only. No personal checks or credit cards are accepted.

General

Included in Packet 3 is a list of documents (SEO-3.5) which your spouse must prepare and hand carry to the IV interview; SEO-3.5 contains instructions on how to obtain the needed documents. Please do not send any of the documents to CONS/IV in advance of your spouse's interview. U.S. law forbids us from advising or assisting IV applicants to qualify for visas or other immigrant benefits. Please seek help from qualified legal or travel advisors, if you feel it would be beneficial. Regardless of who renders assistance, an applicant remains personally liable for the accuracy of all statements and documents anyone makes in connection with his or her visa processing. The penalties for false statements include permanent visa ineligibility.

Medical Exam

Your spouse will need a medical exam. We'll send you a full description and instructions once we receive an approved petition from CIS.

Affidavit of Support

All IV applicants must demonstrate that they will not receive public assistance after entering the U.S. and must submit an Affidavit of Support (I-864) filled out at least by the petitioner. Attached must be evidence of the petitioner's current, sustained income above the federal poverty guidelines, available after your entry into the U.S., and U.S. citizenship, plus copies of the petitioner's most recent federal income tax return. If the petitioner has no such income, then an additional I-864 with all supporting documents is necessary from a joint sponsor. A joint sponsor must be at least 18 years of age, domiciled in the US, and a US citizen or lawful permanent resident.

Police Certificate

Click here http://travel.state.gov/visa/reciprocity/index.htm for police certificate and other documentary requirements for various countries. If deemed to be available, as a minimum you must obtain a police certificate from your country of nationality and your country of current residence if your presence there occurred after age 16 and was 6 months or more. Police certificates are required from other countries for all stays of 12 months or more after age 16. If you have ever been arrested in any jurisdiction please bring arrest, court or prison records.

The Korean National Police Certificate (KNPC) is available to all visa applicants of any nationality who are physically present in South Korea by applying directly at any KNP station. The KNP checks non-Koreans according to the requestor's Korean alien registration card or passport. Korean citizens must show a Korean identity card (Jumindeungnokjeung) or a Korean passport. KNPC processing is no fee and takes less than 24 hours. The new KNPC bears a red ink half inch square stamp on the bottom containing the Korean characters for National Police. It is issued in Korean only and applicants must attach a complete English translation, certified as true and correct by anyone competent in Korean and English. KNPC is unavailable to applicants outside of Korea. IV no longer processes requests for KNPCs.

If your KNPC contains any adverse information, you must bring the full related court record and English translation with your KNPC to your visa interview.

CONS-IV has no means to track and exercises no control over outside agencies doing required clearances. The medical and police clearance processes are not waiverable and there is no "rush processing." CONS-IV cannot preprocess IV cases in advance of receiving an approved I-130 from CIS.

If all the required documents are ready, a request for IV appointment must be made by internet.  http://www.asktheconsul.org/iv_appt.html

INTL FAX 822-397-4501, DOMESTIC FAX 02-397-4501, DSN FAX 721-4501

Where am I resident?

File the Petition

Prepare Documents

Schedule an Interview

Interview

Arrive in the U.S.!

Most IVs are adjudicated with the briefest of interviews. It is unnecessary for the petitioner to be present, but you may attend the interview with your spouse if you wish. Please understand that when our questions are directed to your spouse, s/he must answer on his/her own. Interviews are always conducted by an American consular officer, either in English or Korean, or with one of our translators.

IV interviews are conducted only by appointment in the morning at U.S. Embassy Seoul. If your spouse is found eligible for the visa, the visa will be delivered via Embassy-approved courier within several working days. We do not regularly return visas directly to applicants. Because of incomplete submissions and/or unexpected computer failures, you should not make any unchangeable travel plans until the visa is actually in hand. Only in extreme cases (usually involving medical emergencies) will we be able to issue and return a visa within 24 hours. If an applicant is found ineligible for an IV the reason for the refusal and any recourse will be explained in writing.

The IV application fee is $400.  more

Once issued, IV is valid for a single entry into the U.S.  Once you receive your visa, please check the validity of it.  If not used within its validity period, the IV becomes invalid and you must apply for a new IV, starting at the beginning and re-paying all fees.

Admission to the U.S. is a responsibility of the CIS. Holding any visa only allows the bearer to seek entry, it does not guarantee entry. Upon landing in the U.S., your spouse must allow some time for processing as a first-time immigrant. Your spouse will receive a special red ink stamp in his/her passport to serve as a kind of temporary green card, or evidence of legal resident status. An CIS contractor facility will mail the actual green card to the U.S. address you listed in the IV, several months after your spouse's admission to the U.S.

If your spouse gains immigrant status before your second wedding anniversary, he or she will have conditional resident status. To replace conditional with permanent status, you must petition CIS on Form I-751 or I-752. Please see CIS website and this link for further information on conditional registration.

After your spouse has lived in the U.S. as a legal permanent resident for three years, s/he is eligible to seek naturalization as a U.S. citizen. This procedure is under the jurisdiction of the CIS.

• Immigration has its own vocabulary; a glossary is available to help you get started.
• Going to have a child born in Korea? Follow this link for information on transmitting your U.S. citizenship by reporting the birth of your child in Korea.

For immigrant visa (IV) inquiries, please e-mail us at seouliv@state.gov.

The U.S. Embassy is closed on both U.S. and Korean holidays.

May 6, 2008