Returning to the US with a loved one?

Attorney Hankins specializes in bringing family together, no matter where in the world they might be. Barred in the United States and based in Seoul, South Korea, she handles cases from all over the world. For questions about how to bring your loved one to the United States e-mail her at Daphne@HankinsImmigration.com or call her at +82 010 3184 6858.  

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South Korea is the home of over 150,000 US citizens and many of them will find themselves contemplating marriage with a Korean citizen. But, as someone living in Korea, there are a number of things you’ll have to consider.

Should I get engaged or get married?

The Fiance Visa

Many US citizens believe it’s best to wait to get married and instead petition for their Korean or foreign born spouse on a K1 (fiancé visa). There are certainly some positives:

With a K1 visa, you have a shorter wait time to get your foreign born spouse into the United States. Usually, it takes 6 – 9 months for the U.S. Citizenship and Immigration Services (USCIS) to process the application, and 4 – 6 weeks for the agency to send an interview request to your fiancé’s nearest U.S. embassy or consulate.

If you’re in the US, it also means your spouse will be able to join you faster.

The form is also shorter and easier to fill out.

But the long-term disadvantages may, in certain cases, outweigh the short-term advantages.

Petitioning for your spouse and applying for a green card

A K1 visa costs more than your petition for your foreign spouse (I-130) and their adjustment of status / green card (I-485). A K1’s total costs are $2,025 versus an I-130 and I-485’s combined cost of $1,760.

Beyond costs, some people opt to get married in Korea or abroad and then apply for an I-130 because they intend to stay abroad for a year or more. If you’re on a year or two-year long contract, now is a fantastic time to submit your I-130.

After your I-130 is approved, if you intend to stay abroad for a little longer, you have the choice of opting for consular processing, an alternative to an I-485. It’s less expensive than an I-130 and I-485, with total costs amounting to around $1,200.

An I-130 can take 5 – 12 months to process and the I-485 8 – 14 months to process. Alternatively, consular processing takes only 4 – 6 months. This is the ideal option for those who are living abroad with their spouse but want to be able to take them to the United States sometime down the road.

Petitioning for your spouse abroad also has hurdles, including providing evidence that you intend to return to the US and that you have a job waiting for you once you arrive. For these reasons, it’s a good idea to have an attorney by your side to navigate the unique legal hurdles.

For help with your K1 visa or spousal petition, contact Daphne@HankinsImmigration.com or call at +82 10 3184 6858.