Marrying Korean in Korea and then will come to US after...what visa is best?

[BlueEcho 0]

Hi all,

I am an USC and will marry my Korean fiance. I will be going to Korea in January for a week and during that time I will marry my Korean fiance in Korea. Then, I will be bringing my new wife with me back to the US.....I am assuming on a tourist visa. I've been to Korea several time to see her and she has come to the US visit me once. Once in the US together, what visa do I apply for her in the US? Also, does the act of applying for a visa permit her to stay beyond the 90 day limit of the tourist visa? Is my thinking process correct? Thank you.

[canadian_wife 1,822]

No, your current thinking is visa fraud. She cannot travel on a tourist visa, or any non-immigrant visa, with intentions of immigrating.

You'll marry her in Korea and then petition for her. Follow the guides for a Cr1 visa (click on 'guides' at the top of the page). Process will take about a year.

good luck

[Anh map 2,098]

Wrong thinking. As stated above you file the petition and she will interview for the spouse visa in Korea.

[Kastrs 723]

Nope try again, as the others have posted you will need to apply for a CR1 visa. You can start gathering all of the paperwork and supporting documents now and mail it off as soon as you have everything completed (which includes a copy of your marriage certificate). The process takes about a year. During the time the visa application is processing your wife can visit you, but will need to abide by the terms of her visa (I am assuming she has a B2 based upon what you said above).

Read the guides for information on the CR1 process (use a computer).

[Penguin_ie 5,994]

What the others said; your wife can come visit you in the USA with her tourist visa during the process (taking care not to overstay), but she cannot live or work in the USA until she gets her CR-1 spousal visa, which takes about a year.

[aaron2020 11,651]

Hi all,

I am an USC and will marry my Korean fiance. I will be going to Korea in January for a week and during that time I will marry my Korean fiance in Korea. Then, I will be bringing my new wife with me back to the US.....I am assuming on a tourist visa. I've been to Korea several time to see her and she has come to the US visit me once. Once in the US together, what visa do I apply for her in the US? Also, does the act of applying for a visa permit her to stay beyond the 90 day limit of the tourist visa? Is my thinking process correct? Thank you.

Oh boy. You are completely clueless. Not being mean, just keeping it real. Everything you want to do is so far off the mark of what is legal.

It's immigration fraud to enter the US on a non-immigrant visitor visa or the VWP with the intent to immigrate.

South Korea is part of the VWP. South Koreans can enter the US without a visitor visa. Applying for a visitor visa instead of using the VWP will raise red flags.

No visitor visa is applied for and received in a matter of a few weeks. Try a few months.

Visas are for entering the US. A person in the US would not need a visa. Your wife would not get a visa to enter the US when she has already here.

After marriage, your bride is not moving to the US. You will file a I-130 petition for her and wait about a year for her to get an immigrant visa.

As a USC, you are not entitled to bring a foreign wife to the US on a nonimmigrant visa to immigrate to the US.

Highly suggest you Google "US citizen petitioning immigrant visa for spouse."

Best of luck.

Edited December 28, 2015 by aaron2020

[BlueEcho 0]

Thank you all for the helpful tips. So, once we marry we'll have to get start the CR-1 application. Then, she'll come over on the visitor visa during the waiting period....we'll have to go back and forth.

[aaron2020 11,651]

Thank you all for the helpful tips. So, once we marry we'll have to get start the CR-1 application. Then, she'll come over on the visitor visa during the waiting period....we'll have to go back and forth.

Does she already have a visitor visa or has she been using the VWP?

[BlueEcho 0]

Does she already have a visitor visa or has she been using the VWP?

She came to the US to visit me this past October on a visitor visa. For Koreans, it very easy...it can be done online and there is no interview.

[aaron2020 11,651]

She came to the US to visit me this past October on a visitor visa. For Koreans, it very easy...it can be done online and there is no interview.

That's the VWP. Apply for ESTA online and no interview.

A visitor visa would require an interview. Is there an actual B2 visa in her passport?

Your fiancée is using the VWP and is not traveling here on a visitor visa. You need to learn the difference between the two.

VWP limits a person to 90 days. It can not be extended by going to Mexico or Canada does not reset the clock. It can not be used to de facto live in the US, back to back to back visits, etc.

You need to do lots of research and tell your fiancée that she is not immigrating next month.

Your failure to plan will not be a reason for the US government to expedite your case.

You really should have researched immigration well before trying to immigrate your wife in a few weeks.

Sorry.

Edited December 28, 2015 by aaron2020

[Transborderwife 4,666]

She came to the US to visit me this past October on a visitor visa. For Koreans, it very easy...it can be done online and there is no interview.

Be aware that she may be turned around by cbp as well without substantial ties to home

[Penguin_ie 5,994]

She came to the US to visit me this past October on a visitor visa. For Koreans, it very easy...it can be done online and there is no interview.

No, that is not a tourist visa, that is the Visa Waiver Program (ie VWP, ie no visa needed for visits up to 90 days).

[BlueEcho 0]

No, that is not a tourist visa, that is the Visa Waiver Program (ie VWP, ie no visa needed for visits up to 90 days).

Corrected.... thank you.

[mallafri76 1,012]

Like others have said, if you marry now, your way to go is the CR-1 visa. It takes about a year from start to finish, plus/minus a couple of months.

It's visa fraud to enter the US on the VWP with the intent to immigrate, although if someone does do it, it's forgiven if married to a US citizen and you cannot be denied even if you did have intent..... A very very strange, messed up rule, law or whatever it is....

[BlueEcho 0]

I have an appointment with a immigration lawyer Wednesday morning. I think I need the legal advice.