INFORMATION ON MARRIAGE IN THE REPUBLIC OF KOREA
A marriage abroad under the laws of the country where it is performed is generally accepted as valid in the United States with the possible exception of a jurisdiction in which certain types of marriage might be prohibited as a matter of public policy, for example, marriage between first cousins. In Korea, an American citizen who desires to marry must do so in accordance with the provision of article 812 of the Korean Civil Code of 1960. Marriage in Korea is a civil procedure, so a religious ceremony in itself does not constitute a legal marriage.
MARRIAGE CEREMONY
The marriage does not take place at the Embassy. The only function provided by the Embassy is the notarization of documents needed for marriage. The marriage actually takes place at the Ward Office where a record is made on the family census register. The official certificate of marriage is also issued by the Mayor of Ward Office after the marriage is duly registered. Although the marriage is spoken of as a ceremony, it is primarily a routine, clerical procedures. For this reason many people also arrange to have a religious ceremony.
MARRIAGE DOCUMENTATION
American Citizens Must Present the Following Documentation:
If the original documents are not submitted, then copies must be certified by the issuing government authority. No exception will be made.
- PROOF OF UNITED STATES CITIZENSHIP
A valid United States passport is sufficient to prove U.S. citizen for the purpose of marriage. Later, however, if you wish to arrange for your spouse to immigrate to the United States, the United States Immigration and Naturalization Service Office in the Embassy will require one of the following documents, as applicable, at the time you submit the immigration petition. Also, if you have no valid U.S. passport at the time of marriage, you must submit the appropriate document below to prove your U.S. citizenship:
*An original Certificate of Naturalization for Naturalized citizens.
*A certified copy of a Report of Birth Abroad or an original Certificate of Citizenship for American citizens born abroad.
*A certified copy of a birth certificate from the Vital Records Office of your State of birth, with the raised seal or seal of the State on the copy, for native-born American citizens.
- PROOF OF TERMINATION OF ANY PRIOR MARRIAGE(S)
A divorce decree, death certificate, or annulment decree must be submitted bearing the official seal of the government agency issuing the document(s) if there are any prior marriages.
- PARENTAL CONSENT TO MARRY
Permission to marry, from both parents, must be submitted in the form of a notarized statement if the applicant for marriage is under the age of eighteen (18).
Korean Nationals Must Present the Following Documentation:
- FAMILY CENSUS REGISTER (HOJUK DUNGBON)
The Family Census Register should be issued within six (6) months of the proposed date of marriage. Three (3) copies in Korean and one English translation are needed. The Family Census Register must be issued by the Mayor of the Ward Census Office where records of the prospective Korean spouse's family are filed. An extract of the Family Census Register (Hojuk Cho-Bon) will not be accepted.
- A VALID KOREAN IDENTIFICATION CARD (JUMIN DEUNGNOK JEUNG) AND NAME STAME (TOJANG)
- PROOF OF TERMINATION OF ANY PRIOR MARRIAGE(S)
See part 2 of "MARRIAGE DOCUMENTATION FOR AMERICAN CITIZENS"
- PARENTAL CONSENT TO MARRY
Korean females and males under the age of twenty (20) require written parental consent to marry and two copies (in Korean only) will be required by the Koran authorities. Certification of the parents as shown by their name stamp (Tojang) must accompany the written permission. In the event the prospective spouse is under the age of 20 and the parents are deceased, this requirement may be waived.
COMPLETE THE ATTACHED FORMS
- "Affidavit of Eligibility for Marriage" down through "Date Divorce Final" in triplicate. (American females must complete four "Affidavits of Eligibility for Marriage".)
- "Report and Certificate of Marriage" down through "Date Divorce Final" in triplicate. (Forms must all be originals.)
MARRIAGE PROCEDURES
- After gathering the necessary marriage documents and completing the attached forms, bring them to the American Citizens Services Section of the American Embassy for processing and notarization. There is a S$92.000 fee.
- After notarization, take the Affidavit of Eligibility for marriage to the Ward Census Office, for registration and signature of the Mayor of the Ward Office on the Report and Certificate for Marriage. The Ward Office has forms of the Affidavit of Eligibility for Marriage in Hangul (Korean) for the Korean party to complete in Korean upon arrival there.
- After registration at the Ward Office, return to the Embassy for the authentication of the Mayor's signature and seal on the two Reports and Certificates of Marriage.
PLAN AHEAD -- FILING A PETITION FOR SPOUSE TO IMMIGRATE
The procedure for filing a petition; awaiting its approval; assembling all documents required for an immigrant visa; and scheduling the interview can be expected to take a minimum of four months, and considerably longer if there is any delay in petition approval or Korean passport issuance. Do not wait until shortly before you plan to leave Korea before initiating the paperwork. Your spouse's visa will be valid for 120 days from the date of issuance; that is, you will have nearly four months to reach a U.S. port of entry. We recommend that, after passport has been issued, you contact the Embassy to schedule your spouse's interview at least two months prior to your estimated date of departure.
FILING THE PETITION
If resident in Korea, the U.S. citizen spouse should complete Form I-130m, Petition to Classify Status of Alien Relative for Issuance of Immigrant Visa, and submit it to the Immigration and Naturalization Service (INS) at window number 9 in the second floor lobby of the Embassy to initiate the processing of the spouse's immigration. If resident in the United States, the U.S. citizen should file Form I-130 at the INS office nearest his/her place of residence. When filing the I-130, the following additional documents must be assembled: the marriage certificate; the petitioner's birth certificate or valid U.S. passport or naturalization certificate; certified proof of termination of all prior marriages, if applicable; the Korean family census register with English translation; photographs of the petitioner and beneficiary; Form G-325 (Biographic Information); and, if the U.S. citizen petitioner is a member of the Armed Forces, the his/her commanding officer.
KEEP IN TOUCH WITH THE EMBASSY
To insure that you receive all instructions relative to your spouse's visa application, you must list your current mailing address on the I-130, not the address of a travel agent or visa broker who may or may not pass this information to you in a timely manner. If your address changes please call or write the Immigrant Visa Branch.
Our telephone number is:
721-4252; Military
397-4252; CivilianOur address is:
Immigrant Visa Branch
American Embassy
Unit 15550
APO AP 96205-001
About two weeks after the petition is approved by the INS office at this Embassy, your spouse will receive a packet of instructions and forms to be completed in support of your spouse's application (Packet 3). All forms are bilingual, in English and Korean, so that you and your spouse can both understand all procedures at every step of the process.
If you filed your petition with an INS office in the U.S., your spouse will receive Packet 3 one to three months after the petition is approved by INS. If your spouse does not receive Packet 3 within these time frames following your petition's approval by INS, please call the Immigrant Visa Branch.
VISA BROKERS AND TRAVEL AGENTS
Packet 3 provides a list of emigration corporations licensed by the Korean government to provide emigration services, and the fees they are authorized to charge by the Korean Government. If other individuals offer to expedite your visa processing, please notify the Immigrant Visa Branch at the U.S. Embassy immediately. Emigration corporation offices may claim experience and expertise in preparing paperwork, but remember that you and your spouse are responsible for the documents you submit. Prior to the visa interview, personally review all forms for completeness and accuracy. If the office to which you have entrusted your paperwork makes a mistake, you, not the office, will be held accountable. If you have any questions about how your paperwork should be completed, contact the Embassy.
THE VISA INTERVIEW
When all paperwork has been assembled and completed, send your signed form SEO-31, application for visa appointment (included in Packet 3) and a copy of pages 2 and 3 of your spouse's immigrant passport to the Immigrant Visa Branch, American Embassy, #82, Saejongro, Chongro-Ku, Seoul, 110-050. Especially during the busy summer season, delays of one to two weeks in scheduling an appointment can be expected.
If you wish you may accompany your spouse to the visa interview, but this is not required. If your spouse's visa is approved, it will be issued the same day. If the visa is not approved, your spouse will receive a written as well as verbal explanation of the reasons for refusal, as well as a list of additional documents or information required.
IF AT ANY TIME YOU HAVE QUESTIONS ABOUT THE VISA PROCESS, PLEASE DO NOT RELY ON THE OPINIONS OF TRAVEL AGENTS, FRIENDS, ACQUAINTANCES, OR OTHER INDIVIDUALS WO MAY OFFER ADVICE: YOU MAY DISADVANTAGE YOURSELF AND/OR YOUR SPOUSE AND UNNECESSARILY COMPLICATE THE VISA PROCESS. CALL THE IMMIGRANT VISA SECTION DIRECTLY, AT 721-4252 (military) or 397-4252 (civilian).
|
||||
