previously deported from S. Korea

[mimo1111 0]

I am a US citizen and will be applying for IR-1 visa for my wife who is from Thailand. We live in Turkey. She was deported from S. Korea about 10 years ago for overstaying her visitor visa. There is no paperwork and she wasnt in court there, just caught and sent home. Is this going to be a problem when applying for a IR-1 visa?

[SalishSea 17,819]

2 hours ago, mimo1111 said:

I am a US citizen and will be applying for IR-1 visa for my wife who is from Thailand. We live in Turkey. She was deported from S. Korea about 10 years ago for overstaying her visitor visa. There is no paperwork and she wasnt in court there, just caught and sent home. Is this going to be a problem when applying for a IR-1 visa?

I don’t think it will be a problem.  Paging @Redro.

 

She is supposed to obtain a police report for countries she’s resides in for >6 months.

[rollojusten 9]

2 hours ago, mimo1111 said:

I am a US citizen and will be applying for IR-1 visa for my wife who is from Thailand. We live in Turkey. She was deported from S. Korea about 10 years ago for overstaying her visitor visa. There is no paperwork and she wasnt in court there, just caught and sent home. Is this going to be a problem when applying for a IR-1 visa?

Im in almost the exact same situation. We dont have any documentation and we dont have the passport either, we she renewed her Thai passport and the old passport was kept by the Thai government. We were able to get a police certificate from the Korean Embassy in Thailand showing no criminal record, so we can show this is a civil matter and my fiance has no criminal record. There are a couple of similar posts on here from other people who have dealt with a deportation, and the advice is always to disclose everything and that a previous deportation is not grounds for rejection.

[rollojusten 9]

2 hours ago, mimo1111 said:

I am a US citizen and will be applying for IR-1 visa for my wife who is from Thailand. We live in Turkey. She was deported from S. Korea about 10 years ago for overstaying her visitor visa. There is no paperwork and she wasnt in court there, just caught and sent home. Is this going to be a problem when applying for a IR-1 visa?

I do have a lawyer for my case, and he advised me that this situation would cause a lot of issues for non immigrant visas, but not so much for K1 Visas and immigrant Visas because my fiance has immigrant intent for the US. We have our interview scheduled in Bangkok on November 30 and we disclosed everything on the DS160. We are hoping that either the consulate doesn't even bother to ask about it (as happened in a similar case on here from a petitioner whose fiance was deported from Jordan) or the clean police certificate will suffice. My lawyer also explained that the US embassy in Thailand is aware that Thais traveling to Korea and overstaying to work is pretty common. 

[mimo1111 0]

1 hour ago, rollojusten said:

I do have a lawyer for my case, and he advised me that this situation would cause a lot of issues for non immigrant visas, but not so much for K1 Visas and immigrant Visas because my fiance has immigrant intent for the US. We have our interview scheduled in Bangkok on November 30 and we disclosed everything on the DS160. We are hoping that either the consulate doesn't even bother to ask about it (as happened in a similar case on here from a petitioner whose fiance was deported from Jordan) or the clean police certificate will suffice. My lawyer also explained that the US embassy in Thailand is aware that Thais traveling to Korea and overstaying to work is pretty common. 

Thanks for your response, its very helpful . Good luck to you

 

[mimo1111 0]

1 hour ago, SalishSea said:

I don’t think it will be a problem.  Paging @Redro.

 

She is supposed to obtain a police report for countries she’s resides in for >6 months.

Thanks for your response

[Redro 4,611]

4 hours ago, mimo1111 said:

I am a US citizen and will be applying for IR-1 visa for my wife who is from Thailand. We live in Turkey. She was deported from S. Korea about 10 years ago for overstaying her visitor visa. There is no paperwork and she wasnt in court there, just caught and sent home. Is this going to be a problem when applying for a IR-1 visa?

It shouldn't be a problem. 

You need to disclose everything when the time comes. 

Have you submitted the I-130 yet? If not submit one as soon as possible. 

If you are waiting for the I-130 to be approved go to your nearest Korean consulate and see if they have an records for you. If they do BONUS! If they don't ask them to write a letter attesting to the fact. If they don't want to write you a letter. Write one yourself. That should be adequate to get you through the NVC stage. 

[mimo1111 0]

1 hour ago, Redro said:

It shouldn't be a problem. 

You need to disclose everything when the time comes. 

Have you submitted the I-130 yet? If not submit one as soon as possible. 

If you are waiting for the I-130 to be approved go to your nearest Korean consulate and see if they have an records for you. If they do BONUS! If they don't ask them to write a letter attesting to the fact. If they don't want to write you a letter. Write one yourself. That should be adequate to get you through the NVC stage. 

I havent started anything yet, I wanted to find out if this was going to be a problem before starting this long expensive process. She arrived in Korea on a visitor visa, stayed 2 years until she was caught and was deported, without being arrested or any court appearances.

[Redro 4,611]

2 minutes ago, mimo1111 said:

I havent started anything yet, I wanted to find out if this was going to be a problem before starting this long expensive process. She arrived in Korea on a visitor visa, stayed 2 years until she was caught and was deported, without being arrested or any court appearances.

Yep.  Get the I-130 on file now. It is a long process and you will have at least a year to gather any documentation for the NVC stage. 

There is no issue at all re: deportation. 

 

 

[mimo1111 0]

1 hour ago, Redro said:

Yep.  Get the I-130 on file now. It is a long process and you will have at least a year to gather any documentation for the NVC stage. 

There is no issue at all re: deportation. 

 

 

but you think that she should disclose that she lived there and get report even if she wasnt legal and has a new passport?

[SalishSea 17,819]

3 hours ago, mimo1111 said:

but you think that she should disclose that she lived there and get report even if she wasnt legal and has a new passport?

Yes, she MUST disclose that.  

[carmel34 3,622]

3 hours ago, mimo1111 said:

but you think that she should disclose that she lived there and get report even if she wasnt legal and has a new passport?

You should both disclose everything.  Never lie on a federal form, it is a serious offense and could lead to denial of the visa for misrepresentation.  Physical addresses where both of you have lived, worked, etc.  Police reports will be required before her visa interview which is a long way off if you haven't even filed the I-130 petition yet.

[mimo1111 0]

11 hours ago, carmel34 said:

You should both disclose everything.  Never lie on a federal form, it is a serious offense and could lead to denial of the visa for misrepresentation.  Physical addresses where both of you have lived, worked, etc.  Police reports will be required before her visa interview which is a long way off if you haven't even filed the I-130 petition yet.

thanks