K-3 Visa

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I am an American working and living in South Korea (as an English teacher).

I am marry a girl who lives in Vietnam.

She will be moving to South Korea after the wedding.

My questions would be:

1. would we apply for a K-3 visa right away, since I will be in SK for another 1.5 years before going back to the states?

2. would we apply in Vietnam or Korea?

3. would the income I earn in Korea count toward the financial obligations requirement?

any additional advice would be most appreciated.

Thanks!

[Penguin_ie 5,993]

1. You don't apply for the K3 at all, it is obsolete. You will petition for her, then if approved she will apply for a CR-1 spousal visa. You can file DCF (Direct Consular Filing) with the US embassy in Seoul. Contact them to enquire how long it takes, but I would recommend filing about 9 months before you want to move; if the visa is approved quickly, she still has 6 months to use it after approval.

2. You apply where she legally resides, presumably that will be Korea.

3. NO, unless the same firm will continue to employ you once you move back to the USA. You can either sponsor her on assets (will need three times as much as income), or get a US based co-sponsor.

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OK thank you.

we would have to get a co-sponsor for the financial obligation affidavit. I will not have a job in America when we apply, just in Korea. Here relatives live in the US so a co-sponsor won't be a problem.

Will she be able to visit the U.S. and leave with me back to Korea?

What I mean is that March 2014 I will be going back the U.S. for one month before coming back to Korea for another year. If all the paperwork is done by then, can she use the CR-1 visa as a "tourist" visa or is it one time entry?

[Boiler 45,525]

No

[Penguin_ie 5,993]

She can travel on the CR-1, but she needs to reside in the USA, ie spend more time inside than outside the country. If you want her to visit for just a month, then a tourist visa is the correct option.