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<Question> I have an F-1 visa and my husband has an F-4 visa. We have one elementary school child. But these days, our relationship has deteriorated. If my husband reports me, will my visa be revoked and will I be forced to leave the country? If my husband and I get divorced, is there any way for me to live in Korea? Can my husband really force me to leave the country?
<Answer> Simply the husband reporting the wife does not cancel the F-1 visa. Making a report is to inform the Korean government of a criminal act, and he would not be able to report it if his wife had not committed any wrongdoing. Therefore, there is no way for a husband to force his wife to leave the country. The questioner can freely reside in Korea within the period of stay of the F-1 visa she has.
Unfortunately, the F-1 visa that the questioner has is for the purpose of visiting and living together. Because your husband had an F-4 Korean visa, you were able to come to Korea as a member of the family. These visas are called dependent visas. Therefore, if the husband's F-4 visa is canceled, the dependent F-1 visa is also canceled.
If a couple divorces, there is no way to extend the visa after the F-1 visa period has expired. If you want to live in Korea after divorce, you must have a separate visa, not an F-1 visa. You would have to obtain F-2 or E-7 visa, but that is difficult.
The dependent visa the questioner has is actually causing various problems in Korea. Because even if a wife suffer from domestic violence, she cannot report her husband. If a wife reports her husband for domestic violence, her husband will be punished. Then, her husband would be forced to leave Korea or not able to extend the visa, and the wife with her dependent visa will also have to leave Korea.
Legal Consultation for Foreign Residents ‘Papaya Story Living Legal Visa Support Center’ English 031-8001-0211 / Law Firm (Limited) Min ‘Immigration Legal Support Team’ 02-3477-5550, email beobil2002@lawmin.net
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