South Korean Wife- Tourist Visa and I-485 An Option?

[zijerem 0]

Hello all,

I've been married to my wife, a South Korean citizen, for a year now (we married in South Korea) and we're currently living together in Russia where I teach ESL. She's entered the U.S. under the Visa Waiver Program before, and we are looking to move back to the U.S. next year. I've been told filing the I-485 is a (relatively) painless option for getting a Residency Visa for her from inside the United States. Is this correct, or is it a better idea for her to apply from South Korea using the I-130 form? Any advice you'd have for me is greatly appreciated!

Zach

[sma1488 155]

If she enters the US on the VWP with the intent to be anything other than a tourist, that's visa fraud.

[zijerem 0]

Then what is the I-485 for? I know for work and student residents, but also people on tourist visas as well if I'm not mistaken.

[NikLR 13,227]

~~moved to what visa do I need from IR1/CR1 process and procedures as OP is asking about AOS options as well~~

Then what is the I-485 for? I know for work and student residents, but also people on tourist visas as well if I'm not mistaken.

The prime word here is "intent". Your wife cannot enter the USA with the intent to adjust her status. The CBP will deny her entry to the USA if she says she intends to stay, and if she lies and is found out, she can be banned from the USA for life.

People do adjust from other visas but the AOS a way for people who have been spontaneous to stay.

[sma1488 155]

Then what is the I-485 for? I know for work and student residents, but also people on tourist visas as well if I'm not mistaken.

Think about it. If what you were saying was true, anyone from a VWP country could bypass the fiancé or spousal visa process completely by simply coming to the US using the VWP and adjusting status once here. That's not how the process works.

[zijerem 0]

I see- that does make sense, and it's not a process to play cute with either, obviously. So, the other question I'd have is- What would be smarter/more expedient, applying jointly from Korea, or working on things in the U.S. and Korea separately? I've heard about some fast turn-around times at the American Embassy in Seoul for CR-1s (under 3 months), but it seems to take much longer for spouses working on this from Korea and the U.S. simultaneously. What would you recommend? I really appreciate the feedback so far, by the way.

[Muffino 0]

I see- that does make sense, and it's not a process to play cute with either, obviously. So, the other question I'd have is- What would be smarter/more expedient, applying jointly from Korea, or working on things in the U.S. and Korea separately? I've heard about some fast turn-around times at the American Embassy in Seoul for CR-1s (under 3 months), but it seems to take much longer for spouses working on this from Korea and the U.S. simultaneously. What would you recommend? I really appreciate the feedback so far, by the way.

What do you mean about working on things in the U.S. and Korea separately? do you mean you going to the U.S. first and then waiting for your wife to join you? The fastest turnaround time would be for you to live in Korea for over 6 months and then applying for a CR-1 visa. In that case the application will be processed in Korea and the turnaround time is less than 3 months.

Do you have any plans to come to Korea any time soon?

[zijerem 0]

Yes, one idea would be for me to secure work in the U.S. after this contract, with my wife joining me once the CR-1 is ready. However, from your answer, is it only possible to apply for the CR-1 after 6 months residency in Korea? Otherwise we'd be forced to apply via the much longer U.S. process? I would definitely be able to travel via tourist visa to Korea after this contract is up and get things started, but otherwise it looks like I'll have to find teaching work in Korea, or undergo the next year separated?

Zach

[awaywego 28]

Presuming you've been or will be living in Russia for at least 6 months at the time of filing, you could file the I-130 direct with Moscow. Here is some info on the consulate's site. (If interested, look into how long DCF normally takes at this consulate. It may or may not fit into your timeline; I assume time is an issue since you mentioned a contract.)

If you want to file direct Seoul, you'd first have residency there. Here is their page on the process.

If you and your wife want to live together full-time while the visa is in process, it would be outside the US. Otherwise you could visit one another or travel together to third countries.

[zijerem 0]

Thank you for all of this excellent information- this is really helping to clarify things. Where would I be able to find information on typical visa processing times in the United States? I've heard as around one year, even for already married South Korean citizens- is that accurate? And where would I be able to find information on processing times for that first option- filing through Moscow?

[Boiler 45,525]

Think about it. If what you were saying was true, anyone from a VWP country could bypass the fiancé or spousal visa process completely by simply coming to the US using the VWP and adjusting status once here. That's not how the process works.

Most people I have met physically actually did what you describe.

My impression is that it is both very naughty and very common.

Thank you for all of this excellent information- this is really helping to clarify things. Where would I be able to find information on typical visa processing times in the United States? I've heard as around one year, even for already married South Korean citizens- is that accurate? And where would I be able to find information on processing times for that first option- filing through Moscow?

Do not know if DCF would be available to you, if not then that would be about right in either location.

[sma1488 155]

Most people I have met physically actually did what you describe.

My impression is that it is both very naughty and very common.

We can only hope that their bad immigration karma catches up with them eventually.

[zijerem 0]

Yeah, I definitely intend on playing this straight- the consequences are too severe even if they may be somewhat unlikely. Does anybody have a good source for finding out average visa processing times at different locations around the globe? I'm particularly interested in Moscow and the United States vis a vis a CR-1 visa.

[sma1488 155]

Yeah, I definitely intend on playing this straight- the consequences are too severe even if they may be somewhat unlikely. Does anybody have a good source for finding out average visa processing times at different locations around the globe? I'm particularly interested in Moscow and the United States vis a vis a CR-1 visa.

I'm not sure what you mean exactly by "Moscow and the United States." The traditional process would be to apply through USCIS (which is located in the US, obviously, although you don't have to be residing in the US at the time), who evaluates your case and approves or denies your I-130 petition. If approved, it gets sent to the consulate of the beneficiary (which would normally be in South Korea, but if your wife is a resident of Russia, I think she can request to do it there instead.

There is an alternative, which is direct consular filing (DCF), which is where you bypass USCIS and the consulate plays the role of USCIS in initially evaluating your case and then conducting the interview. Since the caseload of any one consulate (by virtue of only serving one country) is much smaller than USCIS, it's usually much faster. BUT not all consulates have DCF, so you have to check to see 1) if the consulate in Russia has it and 2) if you and your spouse qualify, which is usually determined by being a resident of the country for X number of months.

[zijerem 0]

I see, DCF sounds like the way to go then, provided we qualify. I've combed the Moscow consulate site, but can't seem to find the exactly requirements to qualify for DCF- is it just six months residency, or are there some extra twists as usual? We've taken a few out-of-country vacations while we've been here, including one that was 15 days. I saw elsewhere that that may affect things. Was I misunderstanding things, and residency is the only requirement?