American marrying a Canadian. We are both currently in South Korea. Which option is fastest/best?

[elee09]

Hello, I am an American citizen who is engaged to a Canadian citizen (we are both natural born citizens of our respective countries). We both currently live in South Korea (arrived last August) and had planned on returning to Canada in August, where I have permanent residency (my ex husband was Canadian). Our circumstances have changed a bit and we are now exploring the possibility of residing in the United States instead. I know that it is possible either to file here in Korea or in the United States once we have returned. I was wondering which option would be faster?

In either situation, we plan on having a civil marriage ceremony here in Korea within the next month, with a church wedding ceremony to follow once we return to the United States.

As I said, we would like to return in August, so we would only want to file in Korea if we could be finished by then. There is a slight possibility of us staying here longer, but it isn't ideal. If filing here would be a much better option, we could arrange to stay longer. We are both here on work visas that are quite easy to renew for people with our qualifications.

I guess my real question is how long the wait time typically is for each of the options. I can't seem to find information on how long the processing time is for the Seoul consulate as opposed to doing it once he is in the United States. We would also like for him to be free to travel to Canada to visit his family during the process if it is at all possible. If we file within the United States, we would want to get him a work permit as soon as possible.

I'm just starting to look into this, so I'm sorry if I've asked any stupid questions.

 

[Jackolantern]

In either situation, we plan on having a civil marriage ceremony here in Korea within the next month, with a church wedding ceremony to follow once we return to the United States.

As I said, we would like to return in August, so we would only want to file in Korea if we could be finished by then.

The fiance visa (K1) would be a good fit for your situation, however it would require delaying the marriage until you're in the US. File the application now, and the visa should be granted at the consulate by August. Once the visa is granted, your fiance will have 6 months to use it to enter the US. After entering the US, there will be 90 days allowed to get married and file the green card paperwork.

Alternatively, if a consulate in South Korea allows DCF (Direct Consular Filing), everything up to the green card interview can be done through the consulate in about 3-5 months. Then after approval at the consulate with the immigrant visa, your future spouse will become a permanent resident immediately upon being admitted the US with the immigrant visa, and the green card will be automatically delivered within about a month.

 

[elee09]

Thanks for writing back! If we were to go with the fiance visa, how long would it be until he had a work permit?

The consulate office in Seoul does offer DCF, which is why we were considering it. 3-5 months might make it possible...

 

[Nancy Mervin]

You might be better off marrying as soon as possible after entering US and focusing on preparing your adjustment of status (green card) application. As part of your application packet, Form I-765 requesting a work permit is included.Also you won't have to pay anything extra for it if it's included with your adjustment packet.Once you submit your adjustment of status application, you will still probably wait anywhere from 60 to 90 days for your work permit.

 

[elee09]

Thanks, Nancy. I had heard that if he comes to the USA and then gets married without having gotten the fiance visa first, he would be in trouble. Is this true, even though he is from Canada and doesn't normally need a visa to enter the US? Thanks!

 

[Jackolantern]

Thanks, Nancy. I had heard that if he comes to the USA and then gets married without having gotten the fiance visa first, he would be in trouble.

Somebody entering the US with a tourist visa (or in this case, entering with a Canadian passport as tourist status) is not supposed to enter with the intention to stay and immigrate. If they know or suspect the person is planning to stay, they will probably refuse entry.

However, if the individual gets past that and is admitted into the US, USCIS will usually hold their nose and grant the green card anyway if the applicant is a spouse, parent, or under-21 child of a US citizen.

But your plan is to move to the US months from now, so there is no need to try that trickery and deal with that risk. The fiance visa or DCF will likely get him into the US in time for your planned move in August, and doesn't require pretending to enter the US as a visitor when the real plan is to stay and immigrate.