US citizen, Korean wife. Unsure where to start.

[cwistofu 0]

Hi, all,

First of all, I am new to all of this, so if topics like this are frowned upon, please forgive me. I was referred to the site by a friend.

The Situation

I am a Korean American US Citizen, and I just got married to my wife, a South Korean citizen, this past July in Korea. I am back in the US attending school. She is in Seoul teaching Korean at Yonsei University. She is 6.5 years older than me (I guess this can come up as in issue during the visa interview?).

The plan is to get her a green card and LPR status as soon as possible. But I am unsure as to where I should start, and if anyone can provide us with any help at all, it would be greatly appreciated. A few immediate questions:

1. Should we apply for a K-3 or a CR-1 visa? I've read that K-3 visas are pretty much obsolete.

2. Which forms would I need to file? (Do I file an I-130 regardless of K-3 or CR-1?)

3. How long should we expect before she can legally join me in the United States?

4. How much should we expect to spend on filing fees?

5. How difficult is it for cosponsorship to get approved?

6. Would it be better for my wife to hold on to the Korean marriage certificate and get it translated/notarized in Korea, or should she mail the certificate to me so I can get it translated/notarized here? In other words, do I need the original marriage documents for the things I file here, or will she need them for her visa interview in Seoul?

I apologize if the questions are a bit excessive, but I would like to get her here as soon as possible. We're used to doing the long distance thing, but it's tough to stay separated now that we're married!

Once again, my wife and I greatly appreciate all the help you guys can provide. If there is any other information you need from me, please let me know. I will be checking this topic religiously!

-Chris

[Ian H. 207]

1. CR1 is better, K3 is a very very slim chance you'll get it.

2. I-130

3. I've seen people as little as 8 months, but with the current delays and backlogs, a little over a year.

4. The fee for the I-130 is $420. The visa fee is $325. The AOS(affidavit of support) fee is $120. Plus the costs of the documents you need to obtain (BC, MC, passport), medical/ etc These can vary.

5. Not sure what you mean here. Do you meet the poverty level requirements? If not you have to find a joint sponsor who is willing to sign an I-864 and who makes enough without combining his/her income with yours.

6. She can just scan it and email it to you, since USCIS only requires a photocopy. The translation may be cheaper to have done here, it's up to you. The translator just has to certify they are competent in both languages and the translations have to be accurate and complete.

Here are a few links with info about the CR1 process:

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

http://www.uscis.gov/green-card/green-card-through-family/green-card-family-member-us-citizen

http://www.visajourney.com/content/i130guide1

[Ian H. 207]

Also, the age difference here is minor. That I know they usually make a fuss about 10 years or more age difference. And again it really depends on the solidity of the relationship. There are a lot of factors that go in to determining the legitimacy of a relationship for the CO.

[cwistofu 0]

Wow, thanks for the quick response! 1 year is a good amount longer than we were expecting, but I guess that's life.

Regarding the question about cosponsorship, you are correct. I was asking about joint sponsorship requirements. I am a law student with a fair share of debt, so my parents will likely have to jointly sponsor my wife. I'm just wondering if I should expect an additional hassle there.

An additional question that I have read a bit up on on this site but would like to ask anyway:

Given that the wait may be as long as 1 year, can (or should) my wife visit the US while our petition is pending? I understand it's a pretty case-by-case basis also dependent upon who she happens to run into at the airport. However, I've been told that there's a small (2-5%) chance that she could not only be sent back to Korea but also banned from returning to the US for up to 5 years.

Edited September 10, 2014 by cwistofu

[Hollyday 122]

One more thing about translation: you can do it yourself too, it doesn't have to be a certified interpreter.

She can visit but it's more feasible if she has a B1/B2 visa before you apply for IR1/CR1 because after you have applied for this the chances of having a tourist visa approved are fairly slim (obvious immigration intent already having been declared to the authorities).

[Ian H. 207]

The government doesn't care if you owe money, they don't take this into account or ask about it. Their concern is with your current income and/or assets. If it's just you and your wife, no dependents or children, then you have to make a little of $19k a year. If you don't, then you would need a joint sponsor.

As for the travel: It's perfectly ok for her to visit you here while her petition is pending. She does have to be completely honest with the CBP officer about her intentions, and bring proof of strong ties that would compel her to return to SK after her visit. Also as a citizen of SK, she doesn't need a visa to travel here, she can do so under VWP.

If she is denied entry, that wouldn't affect her pending petition or possibility of being given a GC. As to a 5 year ban if she is denied entry, I've never heard of that, but I'm not sure. Someone here who knows more about that can clarify. But she should definitely be able to travel without issue as have plenty of people under VWP while they have pending petitions.

[cwistofu 0]

Thanks so much for the replies! I'm aware we can do the translation ourselves, but my Korean isn't good enough for that, nor is her English!

Just a few more questions for clarification:
1. Will I ever need need the original marriage documents when applying in the States?

2. When the I-130 asks us to provide Evidence of a Bonafide Marriage, how difficult is that to prove? We currently do not live together or have children.

3. Are these all the forms I will need to send in at the beginning:
I-130
Affidavit of Support (I-864?)
Joint Sponsorship (Another I-864 for my parents?)
G-325a (one for each of us?)

G-1145 (for e-mail notification of receipt)

I know there is a I-130 guide, but I just wanted to double check! Thank you very much once again.

[Ian H. 207]

Thanks so much for the replies! I'm aware we can do the translation ourselves, but my Korean isn't good enough for that, nor is her English!

Just a few more questions for clarification:

1. Will I ever need need the original marriage documents when applying in the States? Yes. You will need the original to send to the NVC, which won't be until after your I-130 is approved. To submit the I-130, they only require a photocopy of the certificate.

2. When the I-130 asks us to provide Evidence of a Bonafide Marriage, how difficult is that to prove? We currently do not live together or have children. This can be anything that would show you are a legitimate couple. Joint accounts, beneficiary on insurance policies, photos, affidavits from friends and relatives, proof of visits such as airline receipts and visa stamps, vacations together, hotel receipts. This part is always unique to each person's case. We didn't have joint anything, we just submitted proof of other things. Others may be able to give you other examples of things you can use.

3. Are these all the forms I will need to send in at the beginning:

I-130

Affidavit of Support (I-864?) No.

Joint Sponsorship (Another I-864 for my parents?) No

G-325a (one for each of us?) Yes

G-1145 (for e-mail notification of receipt) Optional, but yes.

I know there is a I-130 guide, but I just wanted to double check! Thank you very much once again.

[cwistofu 0]

Would it be better for her to send the marriage certificate here, then? Presumably, she'll need it for her consulate interview as well, but if the NVC needs it first, I might as well hold on to it, right?

And thank you for the insight regarding the proof of bonafide marriage. We don't have joint anything yet, either, so I was starting to worry a bit.

As always, much obliged.

[Ian H. 207]

Well, like I said for now you only need a photocopy of the certificate to submit with USCIS. However, I would do it this way to defray costs: Have her scan the marriage certificate and send it to you by email, and have it translated. You will submit that with the I-130.

Then when your case is at the NVC, after she gathers all of the relevant docs, she can have them all shipped to you in one envelope, this way she doesn't spend money shipping multiple envelopes. This is how I have done it, for my case as well as a couple of others that I helped.

[cwistofu 0]

Ian, you're a lifesaver. Will report back with results (hopefully) soon.

[Ian H. 207]

You're welcome. Also I was re-reading my previous post and I would like to make clear that you need both the copy of the MC and the translation; my wording was somewhat ambiguous.

[cwistofu 0]

Sorry, one more question! If we get our wedding invitation translated, does that have to be notarized, too? Thanks!

[Ian H. 207]

Whatever translations you use don't have to be notarized. The translator only certifies that the translation is accurate and complete and that he/she is competent in both languages. This is a simple statement.

[Ryan H 3,810]

Sorry, one more question! If we get our wedding invitation translated, does that have to be notarized, too? Thanks!

No