Among those who get married internationally, there are not only first marriages but also a significant number of remarriages for both parties.
However, if the foreign spouse already has children and remarries a Korean spouse,
What should be done about the foreign spouse's children?
Can they also come to Korea following their mother or father?
There are two ways in this case
1. The Korean spouse adopts the minor children born from the foreign spouse's previous marriage.
2. The minor children born from the previous marriage enter Korea on a C3 (short-term visa) and then change their status to an F1 visa domestically.
Today, we will post about the latter, that is, about the visa for minor children born from the foreign spouse's previous marriage.
※ These are minor children. If they have reached the age of majority under Korean civil law, neither adoption nor the F1 visa applies.
Q: What if the children born from the foreign spouse's previous marriage are adult?
A: If they are already of age, the foreign spouse must naturalize through marriage to acquire South Korean nationality, i.e., the biological father or mother must become a South Korean citizen so that their children can apply for special naturalization under the name of children of a South Korean citizen.
In this case, invitation or application through a local embassy is not possible, and you must first enter on a C3 visa and then apply for a change of status (visa change) at the immigration office.
F1 Visa (F-1-52)
Target: Minor children born from the foreign spouse's previous marriage ※ Only domestic status change is possible. Visa issuance (application at the local South Korean embassy) or visa issuance approval (invitation by the domestic immigration office) are not possible. Therefore, the minor children must enter Korea on a C3 (short-term visa) and apply for a change to an F1 visa at the immigration office. ※ The most important part of the application is proving that the foreign spouse has custody of the child.
If there is content in the foreign spouse's divorce decree or custody decree that the foreign spouse has custody of the children, there is no problem, but if there is no decree, or the decree does not contain such content, or the foreign spouse's former husband/wife has custody, it becomes a problem.
In such cases, a notarized consent form or a renunciation of custody from the former husband/wife is necessary. In addition to the documents related to custody, documents related to the child's birth must also be translated into Korean or English and submitted after receiving consular confirmation or an apostille from the relevant country.
Required Documents
1. Unified application form, one standard photo, fee
2. Korean spouse's Basic Certificate, Family Relationship Certificate, Marriage Relationship Certificate (issued as a detailed certificate), Resident Registration Copy
3. Marriage immigrant's passport, ID (related country), Alien Registration Card
4. Minor foreign child's passport, original and copy of the birth-related public certificate (birth certificate) issued by the related country, (for China) Hukou original and copy
5.Documents proving the custody relationship of the minor foreign child born from a previous marriage (e.g., divorce decree)
- If unable to prove the custody relationship: Consent form from the custodian or guardian of the minor who shares the same nationality
- If there is no custodian or guardian: Public document or notarized document from the related country proving that fact
6. Guarantee of identity by the marriage immigrant and the Korean spouse who are raising the minor foreign child in Korea
7. If currently enrolled in a school recognized by public education, a certificate of enrollment (include enrollment status on the unified application form, including non-school-aged children)
8. Tuberculosis diagnosis certificate (issued by the public health center, designated hospital by the Ministry of Justice)
- Applicable for those over 6 years old and valid only for 3 months from the issue date
9. Proof of residence document
10. Any additional documents regarding the relationship between the Korean spouse and the minor foreign child, if available