My husband overstayed his visa in South Korea can he still be approved for a CR-1?

[SalishSea 18,140]

Just now, Maam1819 said:

I understand that I am not here to prepare for the interview at this time. Does my question sound as though I’m asking for a mock interview?!????

Chill.   The entire process, from start to  finish requires you to educate yourselves and be prepared.   You’ve gotten a lot of great, first-hand information from people on this thread.   

 

 

[Maam1819 7]

1 minute ago, Jorgedig said:

Chill.   The entire process, from start to  finish requires you to educate yourselves and be prepared.   You’ve gotten a lot of great, first-hand information from people on this thread.   

 

 

I see that but you are not one of them so I’m not sure why you’re bothering me

[SalishSea 18,140]

3 minutes ago, Maam1819 said:

I understand that I am not here to prepare for the interview at this time. Does my question sound as though I’m asking for a mock interview?!????

He did try to go to Colombia after I mean. Where else can you go if there are no options 🤣 lmfaoooo really?!

Most people who are persecuted in their home country would seek asylum someplace else.   To avoid persecution.   Like how US asylum seekers who are successful are generally not allowed to return to the country where they were persecuted.   Make sense?   

Just now, Maam1819 said:

I see that but you are not one of them so I’m not sure why you’re bothering me

You are teetering on a TOS violation here.   Anyone may post on any thread.

[Maam1819 7]

1 minute ago, Jorgedig said:

Most people who are persecuted in their home country would seek asylum someplace else.   To avoid persecution.   Like how US asylum seekers who are successful are generally not allowed to return to the country where they were persecuted.   Make sense?   

You are teetering on a TOS violation here.   Anyone may post on any thread.

That’s how you feel I feel as though it’s you   -We will find out won’t we?

[SalishSea 18,140]

1 minute ago, Maam1819 said:

That’s how you feel I feel as though it’s you   -We will find out won’t we?

Not a matter of how I feel-   The TOS specifies that anyone may post on any thread.   Since you’re new here, I was reminding you.

[Maam1819 7]

5 minutes ago, Jorgedig said:

Not a matter of how I feel-   The TOS specifies that anyone may post on any thread.   Since you’re new here, I was reminding you.

You specifically stated in teetering in a violation how does this relate??? I asked you to leave me alone since you’re not trying to actually help in anyway. You’re only harassing me at this point please stop. Thanks in advance 

[JeanneAdil 6,651]

Being a USC and married myself to a Moroccan,  i tried to give advice from the question "can he still be approved for overstay in Korea?"

 

that being said,  he is the one who must face a CO (consular officer) at the interview and answer questions concerning his ROK criminal report 

 

to overcome a denial ,  he will need to show he went to ROK to seek asylum / he needs the documents to show he applied at the Korean Immigration Services or he applied at POE 

When you express your intention to apply for refugee status at the time of immigration inspection, you will receive a written Application for Refugee Status Recognition. If you apply for refugee status at the port of entry, you must go through a pre-screening assessment. This will decide if your application will be referred to the refugee status determination procedure within 7 days. 

 

then he needs to show proof he reapplied every 6 months for the 3 years he was there

he will need to explain the jail time

 

a visa approval or denial will be totally up to what he says during the initial interview and how the CO perceives him and his explanations

 

everything i posted earlier will give u info on what to do if CO denies the visa and either says "he can file a 601 waiver" or gives out  a 221g to send the case back to the USA for a NOIR or NOID

 

maybe this was all too much info 

get your documents together and apply

return to VJ if u need help,  

myself

"been there /done that" without the jail time and Casa embassy can be hard on the process and emotions

 

Very sorry for your loss 

Edited May 5, 2022 by JeanneAdil

[Maam1819 7]

4 minutes ago, JeanneAdil said:

Being a USC and married myself to a Moroccan,  i tried to give advice from the question "can he still be approved for overstay in Korea?"

 

that being said,  he is the one who must face a CO (consular officer) at the interview and answer questions concerning his ROK criminal report 

 

to overcome a denial ,  he will need to show he went to ROK to seek asylum / he needs the documents to show he applied at the Korean Immigration Services or he applied at POE 

When you express your intention to apply for refugee status at the time of immigration inspection, you will receive a written Application for Refugee Status Recognition. If you apply for refugee status at the port of entry, you must go through a pre-screening assessment. This will decide if your application will be referred to the refugee status determination procedure within 7 days. 

 

then he needs to show proof he reapplied every 6 months for the 3 years he was there

he will need to explain the jail time

 

a visa approval or denial will be totally up to what he says during the initial interview and how the CO perceives him and his explanations

 

everything i posted earlier will give u info on what to do if CO denies the visa and either says "he can file a 601 waiver" or gives out  a 221g to send the case back to the USA for a NOIR or NOID

 

maybe this was all too much info 

get your documents together and apply

return to VJ if u need help,  

myself

"been there /done that" without the jail time and Casa embassy can be hard on the process and emotions

 

Very sorry for your loss 

You have been extremely helpful others not so much. I appreciate you taking the time to inform me about the realities of our situation and will be in touch soon. Thanks again 💞

[JeanneAdil 6,651]

4 minutes ago, Maam1819 said:

You have been extremely helpful others not so much. I appreciate you taking the time to inform me about the realities of our situation and will be in touch soon. Thanks again 💞

la mochkila

to tell the truth u can get thru this

but u will need a lot of patience (and i mean a lot) so don't loose it here as u r going to need help 

i know as i needed it for our case and the info here is something u just can't pay enough to get / it is priceless

our timeline is K1 in 2009 -denied 

to a 2015 approval for IR1

your husband needs to gather (or get the  receipt of refugee status application at the immigration office. You become a ‘refugee status applicant’ at the time you get this receipt.  ) and the criminal report from ROK   Now as it takes time to get these from a foreign source

[Redro 4,612]

7 hours ago, MarJhi said:

Well if he did jail time for it I made the leap that it must have been a crime of some sort in Korea. 

Sometimes Korea will have raids in various places and pick up people who've overstayed/ are not in the country legally.

You don't have to commit a crime. 

 

Edited May 6, 2022 by ROK2USA

[Cathi 5,784]

14 hours ago, MarJhi said:

Just looked at some of her past posts and saw they went to Columbia. Wasn't all that hard to do. 

No need to be condescending. 

[Cathi 5,784]

11 hours ago, JeanneAdil said:

January post where OP states leaving Korea to go to Columbia

Thanks for clarifying. 

[MarJhi 968]

3 hours ago, Cathi said:

No need to be condescending. 

I wasn't. You had a lot of question marks, I was just saying it wasn't a difficult thing in response.  A lot of sensitivity in here so I have been keeping relatively quiet since.

Edited May 6, 2022 by MarJhi

[SteveInBostonI130 3,483]

12 hours ago, Maam1819 said:

 

Furthermore here is what it looks like not what you put. Please tell me how straightforward this looks:

2019.06.10:  2019, June, 10

2019.12.07:  2019, December, 7

Seoul

 

Exactly 180 days from entry.  This is confusing...how?

 

EDIT:  Normally, visa overstays would not be an issue for a spouse visa case.  But the jail time complicates matters.  As you planned, file and see what happens.

 

 

Edited May 6, 2022 by SteveInBostonI130

[Redro 4,612]

7 minutes ago, SteveInBostonI130 said:

2019.06.10:  2019, June, 10

2019.12.07:  2019, December, 7

Seoul

 

Exactly 180 days from entry.  This is confusing...how?

 

 

Might not be his card... maybe just an example of the ARC (alien registration card). 

Would also like to say... Korean immigration sends you a letter a month or two before your duration of stay expires. 

So, it is really difficult to get confused (unless you've moved from the address you registered with). 

And I'm fairly sure I've received a text message, too. 

Which is a violation as you're supposed to inform them you've moved within 14 days of changing address. 

 

The overstay and detainment might not stop him from getting the visa. I've read cases on VJ where someone overstayed in a country and was given their visa.

 The process might just take a little longer than usual and he needs to get all his records from Korea... This is needed at NVC stage so after they file they'll have some time to collect and translate the paperwork. 

 

 

Edited May 6, 2022 by ROK2USA