K1 Visa previous deportation from Korea

[Loren Y 2,755]

My Thai wife did the same thing. she worked in Korea because the money was obviously better. The smart thing she did was leave when they had an amnesty window, they do it about 2 times a year to give people that overstayed a chance to leave without consequences. This was noted in her passport when she left it had a stamp with some letters and numbers you could look up and see she left under amnesty. She had the stamp to show at her K1 interview from her previous passport ( She had like 4 of them because they were only good for 5 years until a few years ago, you can now get a 10 year.) I tried to get a police report from South Korea with no luck because she wasn't there legally, so no love from them, I don't think you will be able to get a police report either, but this was back in 2019, maybe things changed. When she went to the interview the office looked at it, but didn't care too much about the overstay as it was over 5 years ago. They approved her visa no issues. I think it will depend on the IO you get at the interview, but from my experience they didn't hold the overstay against her, but this could be because she left under the amnesty program by turning herself in at the airport during the 2 week window I think it was with a one way ticket back to Thailand, so they processed her out with a stamp in her passport, and no harm no foul it seems. No fine, and no Ban either, but she hasn't been back since. Her US passport just arrived as she got citizenship now, and we are going to go back to Korea this November/ December as she wants to see some old friends that are still there. Hopefully we don't have issues, but I am not too worried, the overstay was over 10 years ago now, so even if there was a ban, it's long past.

Try to get what you can, but if nothing is available to you, be honest about it if asked, and I think you will be ok, as it wasn't a US visa she overstayed, and if that is her only red flag, I think you will be ok. At the interview it wasn't even brought up as I recall.

[Inveigh 69]

18 hours ago, SalishSea said:

She will need to have a police report from S.Korea however.

Why would they need a Korea Police Report if they weren't a Korean Citizen and it isn't their country of domicile?

Edited June 28, 2023 by Inveigh

[Crazy Cat 41,841]

14 minutes ago, Inveigh said:

Why would they need a Korea Police Report if they weren't a Korean Citizen and it isn't their country of domicile?

She was there for 2 years.  She wasn't just visiting. 

[Inveigh 69]

15 minutes ago, Crazy Cat said:

She was there for 2 years.  She wasn't just visiting. 

Ahh I got you

[Inveigh 69]

19 hours ago, rollojusten said:

I am a petitioner for my fiance's K1 Visa from Thailand. We recently received NOA2 and i am waiting for our case number from NVC. My biggest concern is that my. fiance was previously deported from South Korea for overstaying her visa and she is blacklisted permanently from Korea. I consulted with a Visa agency in Thailand and they informed me that while a deportation is not a crime of moral turpitude, it does show a tendency to not follow laws and regulations and could result in a visa denial. I had hoped that since the K1 visa shows immigrant intent, a previous immigration violation in Korea wouldn't matter. Has anyone encountered a similar situation? Any advice would be much appreciated 

OP, here is the link to the DS-160 your fiance will fill out before she attends her K1 Visa Interview:

 

DS-160-Example_11-19-2020.pdf (state.gov)
 

Below are questions that pertain to your situation.

 

DS-160: Security and Background Part 1 - Question 1

 

"Have you ever been arrested or convicted for any offense or crime, even though the subject of a pardon, amnesty or similar situation."

DS-160: Security and Background Part 4 - Question 1

"Have you ever been the Subject of a removal or deportation hearing?"

 

These are subjects of questioning your fiancé will have to fill out and answer before attending her interview. If I were you, I would have the documentation. Depending on the answers to these two questions, they will require you to explain why this happened and for your fiance to show proof.

Edited June 28, 2023 by Inveigh

[Redro 4,611]

38 minutes ago, Inveigh said:

Why would they need a Korea Police Report if they weren't a Korean Citizen and it isn't their country of domicile?

She was detained… which means she might have been arrested. You are supposed to provide police reports from any country you were arrested regardless of stay or status. 

 

Edited June 28, 2023 by Redro

[rollojusten 9]

13 hours ago, Loren Y said:

My Thai wife did the same thing. she worked in Korea because the money was obviously better. The smart thing she did was leave when they had an amnesty window, they do it about 2 times a year to give people that overstayed a chance to leave without consequences. This was noted in her passport when she left it had a stamp with some letters and numbers you could look up and see she left under amnesty. She had the stamp to show at her K1 interview from her previous passport ( She had like 4 of them because they were only good for 5 years until a few years ago, you can now get a 10 year.) I tried to get a police report from South Korea with no luck because she wasn't there legally, so no love from them, I don't think you will be able to get a police report either, but this was back in 2019, maybe things changed. When she went to the interview the office looked at it, but didn't care too much about the overstay as it was over 5 years ago. They approved her visa no issues. I think it will depend on the IO you get at the interview, but from my experience they didn't hold the overstay against her, but this could be because she left under the amnesty program by turning herself in at the airport during the 2 week window I think it was with a one way ticket back to Thailand, so they processed her out with a stamp in her passport, and no harm no foul it seems. No fine, and no Ban either, but she hasn't been back since. Her US passport just arrived as she got citizenship now, and we are going to go back to Korea this November/ December as she wants to see some old friends that are still there. Hopefully we don't have issues, but I am not too worried, the overstay was over 10 years ago now, so even if there was a ban, it's long past.

Try to get what you can, but if nothing is available to you, be honest about it if asked, and I think you will be ok, as it wasn't a US visa she overstayed, and if that is her only red flag, I think you will be ok. At the interview it wasn't even brought up as I recall.

Thanks for the reply. Did the IO or embassy give any pushback to the missing Korea PCC? I have seen many VJ members say the IO will generally require one if the Department of State Website shows that one is available 

[Redro 4,611]

22 minutes ago, rollojusten said:

Thanks for the reply. Did the IO or embassy give any pushback to the missing Korea PCC? I have seen many VJ members say the IO will generally require one if the Department of State Website shows that one is available 

One is not available to her because she never received an alien registration number(last time I checked)… you need to make that clear to IO. 

But maybe make an appointment with Korean embassy in Thailand to get confirmation. 

[rollojusten 9]

2 minutes ago, Redro said:

One is not available to her because she never received an alien registration number(last time I checked)… you need to make that clear to IO. 

But maybe make an appointment with Korean embassy in Thailand to get confirmation. 

Thanks for the advice. I think we will do that, especially to see if there is any documentation available regarding her detention and deportation 

[powerpuff 6,697]

~~ Topic moved from Progress Reports to Process & Procedures ~~

[Loren Y 2,755]

3 hours ago, rollojusten said:

Thanks for the reply. Did the IO or embassy give any pushback to the missing Korea PCC? I have seen many VJ members say the IO will generally require one if the Department of State Website shows that one is available 

As @Redro has said, it's doubtful you will be able to get one. I wasn't able to, and I'm pretty good at pulling off the impossible things.  They didn't even ask for the police certificate because I assume they knew from the ds160 that she overstayed there, and would not be eligible for one. It didn't seem like too big a deal,  but it could be IO specific,  but lots of thai citizens seem to overstay all the time in Korea from my experience,  I'm surprised they still have the ability of visa on arrival honestly,  but it doesn't seem to matter much to the Korean government.  Did she have to pay a fine? Maybe proof of that is available?. I wouldn't sweat it too much. Mention it on the ds160, and see if it even comes up interview and cross that bridge when it is in front of you. You should be fine. 

[librarongue 1]

On 6/28/2023 at 9:58 PM, Inveigh said:

I am a petitioner for my fiance's K1 Visa from Thailand. We recently received NOA2 and i am waiting for our case number from NVC. My biggest concern is that my. fiance was previously deported from South Korea for overstaying her visa and she is blacklisted permanently from Korea. I consulted with a Visa agency in Thailand and they informed me that while a deportation is not a crime of moral turpitude, it does show a tendency to not follow laws and regulations and could result in a visa denial. I had hoped that since the K1 visa shows immigrant intent, a previous immigration violation in Korea wouldn't matter. Has anyone encountered a similar situation? Any advice would be much appreciated 

 

On 6/28/2023 at 9:58 PM, Inveigh said:

I am a petitioner for my fiance's K1 Visa from Thailand. We recently received NOA2 and i am waiting for our case number from NVC. My biggest concern is that my. fiance was previously deported from South Korea for overstaying her visa and she is blacklisted permanently from Korea. I consulted with a Visa agency in Thailand and they informed me that while a deportation is not a crime of moral turpitude, it does show a tendency to not follow laws and regulations and could result in a visa denial. I had hoped that since the K1 visa shows immigrant intent, a previous immigration violation in Korea wouldn't matter. Has anyone encountered a similar situation? Any advice would be much appreciated 

 

Hello, I'm also in a similar situation. I'm from the Philippines, and like you, we've applied for a K1 visa, and our case is finally ready. I've requested a PCC from South Korea, but I haven't received it yet. I'm expecting to get it this Thursday. How did your fiance's interview go? I hope everything went smoothly for you both. I haven't scheduled an appointment with the US embassy yet because I haven't completed all the requirements. I'm also concerned about the outcome of my PCC. Could you please update me on your current status?

[rollojusten 9]

24 minutes ago, librarongue said:

 

 

Hello, I'm also in a similar situation. I'm from the Philippines, and like you, we've applied for a K1 visa, and our case is finally ready. I've requested a PCC from South Korea, but I haven't received it yet. I'm expecting to get it this Thursday. How did your fiance's interview go? I hope everything went smoothly for you both. I haven't scheduled an appointment with the US embassy yet because I haven't completed all the requirements. I'm also concerned about the outcome of my PCC. Could you please update me on your current status?

As the other posters on this thread had suggested, it wasna complete non issue. The Police Report came back with nothing reflecting the deportation. The embassy did not ask about it and my fiance was only asked 3 or 4 questions and approved on the spot for the Visa. So i would say not ro worry too much

[librarongue 1]

24 minutes ago, rollojusten said:

As the other posters on this thread had suggested, it wasna complete non issue. The Police Report came back with nothing reflecting the deportation. The embassy did not ask about it and my fiance was only asked 3 or 4 questions and approved on the spot for the Visa. So i would say not ro worry too much

 

Wow, your response has truly lifted my spirits! I can't tell you how much relief I feel right now. Your words have eased a weight off my shoulders, as I've been fretting about this for quite a while. I'm sincerely hoping my interview goes just as smoothly as your fiance's did. Thank you immensely for your encouragement. Joining this forum has proven to be such a fantastic decision, and I'm incredibly thankful for the support and guidance it offers.

[Jason and May 79]

21 hours ago, librarongue said:

 

Wow, your response has truly lifted my spirits! I can't tell you how much relief I feel right now. Your words have eased a weight off my shoulders, as I've been fretting about this for quite a while. I'm sincerely hoping my interview goes just as smoothly as your fiance's did. Thank you immensely for your encouragement. Joining this forum has proven to be such a fantastic decision, and I'm incredibly thankful for the support and guidance it offers.

Were you able to obtain an actual police report? My wife was detained and eventually deported from Jordan. We were able to obtain a Certificate of No Criminal Conviction, but we were unable to obtain a police report or any report at all. 

 

I’m a bit concerned about this come interview time, but we’re also just rolling with this and will address it if it needs addressed. Though, I’m curious about your situation.