Form G-325A, Fiance visa for korea expired but she still lives thereI

[JAS0401 0]

Hello, I am a US service member stationed in Korea. My fiance is Filipino living in South Korea and her visa has expired. She has been here in South Korea since 2009. My question is when I fill out her address and employment for the last 5 years on the G-325A, will her being illegal in Korea have any affect on the process? I was thinking of putting self employed for the employment part, since that's kind of how she earns her income being a singer working in different places.

[Georgia16 2,858]

How long ago did it expire? I guess she can't have her interview there since she is not legal there, and don't think it show good moral for us that she overstay somewhere else.

I don't know just my guess.

[JAS0401 0]

I meant to say she's been here since 2014, alot of numbers running through my mind today, But it expired 5 months ago. That's what I was afraid of, that when they go to give her the interview here in Korea they'll wonder why her visa is expired.

[Merrytooth 5,748]

You can only have interview in the country where you have legal residence status.

Since her visa expired, she is probably considered illegal.

She should return to her home country for interview.

Please bear in mind that she has to obtain police clearance from countries that she has lived longer than 6 months since having attained the age of 16.

Edited February 18, 2016 by Merrytooth

[JAS0401 0]

So even if she were to return home, she would still have to get police clearance from Korea?

[Georgia16 2,858]

So even if she were to return home, she would still have to get police clearance from Korea?

Yes, all countries she have lived in for more then 6 months after the age of 16. So get a police record and then return home Or get a new visa for korea so she is legal. If she returns home you also have to change the consulate so they (NVC) don't send it to Korea

[JAS0401 0]

I see. I'd imagine getting a police record for her before she returns home would be a problem since she is illegal though.

[Georgia16 2,858]

I see. I'd imagine getting a police record for her before she returns home would be a problem since she is illegal though.

Well you better figure it out because it is needed at the interview. Ask in the Korean forum. I don't know how long it takes but otherwise she will go home and then apply for the police record from Korea but it depend what is required to get it I guess. I don't know anything about Korea

[JAS0401 0]

Okay, thankyou!

[dmck 80]

And from what I understand, you have to get the police clearance in person in Korea, they don't allow requests from outside. She should prepare.

[JAS0401 0]

It is possible for her to do it at the Korean Embassy in the Philippines, and we're worried if she tries to do it in person, they'll try to deport her.

[Hank_ 9,174]

Hello, I am a US service member stationed in Korea. My fiance is Filipino living in South Korea and her visa has expired. She has been here in South Korea since 2009. My question is when I fill out her address and employment for the last 5 years on the G-325A, will her being illegal in Korea have any affect on the process? I was thinking of putting self employed for the employment part, since that's kind of how she earns her income being a singer working in different places.

List her employment and addresses dating back the 5 years as stated on the G-325A, truthful works best. Doubt her overstay in Korea will have an effect on the process, it isn't the USA..

Your fiancee will have to leave Korea and return to the Philippines to process the visa application as she is not a legal resident.

So even if she were to return home, she would still have to get police clearance from Korea?

I see. I'd imagine getting a police record for her before she returns home would be a problem since she is illegal though.

And yes she will need a police certificate from Korea, in her case it may be best to request it after she is back in the Philippines.

[Debmm 8]

I lived in Korea for three years teaching English and returned to South Africa 2 years before filing. It was very easy to obtain a korean police clearance cert from South Africa. In fact I got it much faster than my south African police clearance cert.

[JAS0401 0]

Awesome, thankyou all for the answers. Definitely helped with our plan making.