So You Want to Bring Your Spouse to America...
So you're living in Korea, and you want to bring your spouse to America, how should you do it? Should you listen to the people at the Embassy, and read the information from their website? No. It's useless, especially if you want to be given any sort of correct time frame for the whole process. Instead, read this bit of helpful advice.
1. Make sure you are still a legal resident of the U.S. and can prove it with State Income Tax Returns, bank statements, loan statements, etc.
2. The American citizen (sponsor) needs to fill out an I-130 form Petition for Alien Relative. This petition basically states who you are, and who you want to bring to America with you. Make copies.
3. Both the citizen (sponsor) and spouse (applicant) need to fill out a Biographic Data G-325 form. Make copies.
4. You'll need a copy of your marriage certificate, and your spouses birth certificate. If your spouse comes from a country that doesn't really issue birth certificates, than school records, baptismal records, etc. should work. Make sure that they are all dated from when the spouse was younger. My husband's was dated for the date it was issued (about 3 weeks before we applied) and they wouldn't accept it. Make copies.
5. Set up an appointment with the Embassy. It should take less than 30 minutes to get through everything, provided there is no line in front of you (which means get there early). Print your appointment email.
6. Bring lots of money to the Embassy (and make it American money). It says online that the fee is $420, but the Embassy has their own conversion rate, so it winds up being closer to $500. Get the money exchanged before you go. Bring extra just in case.
7. Make sure you have about 8-10 passport sized photos that you will be needing over the entire course of the application process.
8. Go to the Embassy at your appointed time. At this step you just have to provide the embassy man at the window all your paperwork, he glances at it to make sure everything is in order, keeps the copies, and tells you to pay downstairs.
9. Wait for a confirmation email from the Embassy, stating that your initial application has been approved. You will receive something called a "Packet 3" which isn't really a packet, but an email with links. This should take 2 or 3 weeks.
10. Timing. This is really important. You need to make sure you time everything properly, to ensure that 1) you wont have to leave for America earlier than expected and 2) You wont be getting the visa to late. Once you get your "Packet 3" you have 1 year to make your final appointment with the Embassy. If you have a job with a contract, you don't want to make your appointment more than 5 months before you plan on leaving the country (I'll explain why later). You also don't want to make your appointment any less and 2 months before you plan on leaving, in case there are any complications.
11. Getting your information together. **sidenote: this information is for those with a non-Korean spouse. Although you can use the basic information if you are married to a Korean, Koreans need to get some extra documentation
12. The spouse (applicant) needs to fill out a DC-230 form 1 and form 2. This form basically gives background information about the spouse, where they lived and worked, and basic information about the sponsor (citizen). Make copies
13. The spouse needs a Korean background check. Best bet is to get this done at the main Police station in Seoul or Busan. I've heard that you can get it done locally, but I've also heard you can't. You will need to go to your local City Hall with a Korean person who speaks English, and have them officially translate it into English (since the police report is in Korean). Make copies
14. Your spouse also needs a background check for their home country, preferably with their country's form of notarization. Also, if your spouse has lived in any other country for more than 6 months, they will have to get a background check for there also. Make copies,
15. Again, your spouse needs copies of a birth certificate (or equivalent), marriage certificate, adoption, dead or divorce certificates. You might also need these for Step 4, but my husband had none of the last three so it didn't apply to us.
16. Next, you need to show the Embassy that you can support your spouse, and they wont become a ward of the state. If you live and make money in Korea, you will HAVE TO file a joint application. It doesn't matter how much you make in Korea, since it's not American money you still have to have a joint sponsor. The easiest way is to file your own I-186 Affidavit of Support form, proving that you at least make money while working in Korea. You also need to file an I-186A Contract between Sponsor and Household Member form. This form basically states that you are both responsible if your spouse becomes a ward of the state. The joint sponsor has to be someone related to you, you can't just get a stranger off the street. The household member has to attach copies of their three most recent Federal Tax Forms and their W2s. Make copies.
17. The citizen has to provide evidence of a domicile in America. We used my parent's house, because we didn't have housing secured by the time we applied for the visa. As I said above, bank records, state or city tax returns will work for this.Make copies.
18. Vaccinations. Your spouse should try to get a list of vaccinations they received as a child, it helps a lot. There is a list of vaccines required. If you don't have some of them, you should go to your local doctor and get them. If it's advised that your shouldn't (maybe it's only for children) make sure your doctor writes that in an official report (Korean is okay). Getting your vaccinations at a local doctor is much cheaper than getting them at the medical check.
19. Here's the important thing! The medical check! Your spouse has to get a medical check from one of the approved doctors on the doctor list you get with your Packet 3. The spouse will get a medical check, and a chest x-ray. The medical check is valid for one year BUT the x-ray is only valid for 6 months. Why does that matter? Because your visa is only valid for as long as your medical check it. Thus my suggestion above not to make your appointment any more than 6 months before you leave. If you get your medical check On January 1st, your visa to get into America is only valid until June 1st, which means you have to be in America before June 1st. They don't ever really make that clear. Two more things: 1) It's going to be about 170,000 Korean Won 2) You have to go back twice, because they will not issue you the x-ray on the same day. No idea why, seems completely illogical, but that's how it works.
20. Make your final appointment, and make it early. I think the earliest appointment is 8am. Get there at 7:30am. The earlier you get in, the quicker you will get out. We got there 15 minutes before our appointment time, and it still took 4 hours (3.5 of which was simply waiting). Bring all your documents, and get them checked out at the window. Make sure there are not problems. Wait for a REALLY LONG TIME before they call your spouse up to the window (without you) to ask them questions about your marriage. That part takes about 3 minutes, more if you get a talker.Don't forget to pay your fees one more time! Another $500 should cover it!
21. Hey guess what, that's it! Once you're all done, they should have your passport and visa back to you within a week!
22. Keep your chest x-ray, you may need it at your port of entry.
23. Speaking of port of entry, it helps if you come together, but if you cant it's still okay.
**This post is merely supposed to be instructional based on information I wish I had known when we filed for our visa. It's also only applicable to South Korea (although I assume the process is similar in other countries). Please don't use this as your only information on the Visa application process.
Here are some helpful links
U.S. Embassy Seoul Immigrant Visa Process
U.S. Citizen and Immigration Service Forms
U.S. Dept of State Immigrant Visa information
U.S. Embassy Seoul Packet 3 Instructions
Medical Check Approved Doctors