A 37-year-old male U.S. citizen born in 1987 consulted me about applying for an F6 marriage visa after marrying a Korean spouse. A was born in the United States (as a natural dual citizen), and at the time of his birth, both parents were Korean nationals.
(A's parents had U.S. permanent residency at the time of A's birth but were still Korean nationals.)
Currently, both parents hold F4 visas (Overseas Koreans) and reside in the U.S., which indicates they relinquished their Korean nationality and chose U.S. citizenship.
A's parents did not register his birth in Korea at the time of his birth. As a result, no records of him exist in the Korean national database. Additionally, both parents are now considered foreign nationals.
A assumed he was simply a foreigner on paper, meaning he could apply for an F6 visa without restrictions.
I have posted a similar case before.
However, under Korean law, children born to Korean parents are required to have their births registered. Whether or not the parents registered his birth, A automatically acquired Korean nationality at birth under Article 2 of the Nationality Act. Thus, A must begin by registering his birth retroactively.
Since the individual is 37 years old, if a birth registration is made, he will have military obligations as a Korean male. (Military obligations are resolved starting January of the year he turns 38, when he is transferred to the wartime labor force.)
Here is a summary of the steps A must take before applying for the F6 marriage visa
Birth registration
→ Obtain military service disposition from the Military Manpower Administration (wartime labor reserve)
→ Notify immigration authorities that he is a natural dual citizen
→ Receive a nationality selection order from the Minister of Justice
→ Select a nationality (file a nationality renunciation or nationality loss report)
→ Apply for the F6 visa at a Korean consulate abroad
1. Birth Registration
The obligation to register a birth typically falls on the parents but may be completed by the individual in certain circumstances. For individuals born abroad, birth registration can be done at either a local Korean consulate or the relevant city/county/district office in Korea.
Documents required for birth registration at a domestic office
1. If the parent registers the birth (and the parents are registered foreign residents in Korea)
- Parents' passports (original)
- Parents' foreigner registration cards (original)
- Parents' certificate of domestic residence (original)
- Birth certificate (original and translated)
2. If the individual registers their own birth or the parents are not registered in Korea
- The individual's passport (original) and the parents' passports (original)
- Birth certificate (original and translated)
- A stamp/seal of one parent for use on the application
※ Applications are available at the registration office
※ If the parents were previously Korean nationals, their residence certificate might include their former resident registration number, which may be requested to confirm their identity.
※ If the name on the birth certificate differs from the name on the current passport, additional documents proving the name change must be submitted.
2. Obtain Military Service Disposition (Wartime Labor Reserve)
Korean males are transferred to the wartime labor reserve when they turn 38. A military service disposition notification must be obtained from the Military Manpower Administration.
3. Notify Immigration Authorities About Natural Dual Citizenship
Immigration authorities are not automatically aware of an individual’s dual citizenship status. After registering the birth, the individual must notify immigration authorities of their status as a natural dual citizen. They must bring their passport, birth certificate, family relationship certificate, basic certificate, U.S. citizenship documents, and the military service disposition notification to the jurisdictional immigration office to inform them of their dual citizenship.
4. Nationality Selection Order from the Minister of Justice
After being informed about the dual citizenship, immigration authorities will notify the Ministry of Justice, which will issue a nationality selection order.
5. Nationality Selection (Nationality Renunciation or Nationality Loss Report)
If a dual citizen receives a nationality selection order from the Minister of Justice, they must choose one nationality within one year.
If the individual chooses Korean nationality, they must submit a nationality selection report.
However, in cases like A's, where the deadline for nationality selection has already passed, maintaining dual nationality through a declaration of non-exercise of foreign nationality is not allowed. Choosing Korean nationality requires the individual to renounce any other nationality.
If the individual chooses to relinquish Korean nationality and retain their foreign nationality, they can file a nationality renunciation or nationality loss report.
A nationality renunciation report cannot be filed within Korea; it must be submitted at a local Korean consulate abroad.
For nationality loss, the individual can file the report only after the automatic loss of Korean nationality occurs, which happens if they fail to take any action within one year of the nationality selection order.
※ For dual nationals, a nationality renunciation report can be filed immediately through the local consulate once military obligations are resolved. However, nationality loss reports can only be made after the loss of Korean nationality.
In other words, if no action is taken within one year after receiving a nationality selection order, nationality loss can be reported.
The report can be filed at both local consulates and regional immigration offices.
Below are the required documents for filing a nationality loss report at a domestic immigration office.
▶ Required Documents for Nationality Loss Report
1. Nationality Loss Report Form (with a passport-sized photo taken within the last 6 months)
2. Original and Copy of Foreign Passport (personal information page)
3. Certificates of Family Relationship Records (issued within 3 months, detailed)
① For nationality loss due to acquiring foreign nationality - If own a naturalization certificate or citizenship certificate: basic certificate, family relationship certificate. - If reporting nationality loss with the first issued passport: basic certificate, family relationship certificate, and basic certificates of both parents. - For loss due to international marriage: basic certificate, marriage relation certificate. - For loss due to overseas adoption: basic certificate, adoption relation certificate. - For loss due to recognition: basic certificate, family relationship certificate. |
② For nationality loss after failing to renounce foreign nationality after acquiring Korean nationalit - After naturalization or nationality recovery without renouncing foreign nationality: basic certificate. - After acquiring nationality through marriage but failing to renounce foreign nationality: basic certificate, marriage relation certificate. |
③ For failure to select nationality as a natural dual citizen - Due to birthplace principle (jus soli): basic certificate, family relationship certificate. - Due to bilateral parental lineage: basic certificate, family relationship certificate, and parents’ basic certificates. |
4. A copy of documentation proving the reason for nationality loss (A document proving the fact and date of acquiring foreign nationality) - a copy of the naturalization certificate or citizenship certificate, verified with the original and translated
5. Documentation proving identity consistency when the name on the family register differs from the name on the foreign passport
① For surname changes
- Submit documents such as a marriage certificate, marriage registration certificate, or family relationship certificate (showing the spouse) if the surname on the foreign passport or citizenship certificate differs from that on the family register.
② For first name changes
- Submit evidence of the name change or have parents or others guarantee the identity with their signature, along with a copy of the guarantor's ID card.
6. Birth certificate (if applicable), Military service certificate (if applicable).
▶ Cases exempted from providing additional proof ① If the "Name Change" information is noted on the back of the U.S. citizenship certificate ② If a foreign court judgment for a name change is attached ③ If the name has been partially changed but is deemed consistent with the identity ※ For example, a Korean named "Kim Gil-dong" acquires U.S. nationality as "KIM, JAMES KILDONG," which is accepted without further documentation |
Obligations of Dual Nationals for Nationality Selection
Maintaining Dual Nationality After Military Service |
Q. As a Korean-born male who acquired U.S. citizenship at birth and has completed military service in Korea, can I keep both nationalities? A. Both men and women can choose Korean nationality before the age of 22 and make a "Declaration of Non-Exercise of Foreign Nationality" instead of renouncing the foreign nationality. For men, even after the age of 22, if they complete military service (excluding cases of exemption or transfer to the 2nd Reserve), they may retain dual nationality by making the declaration within two years of completing service. However, individuals born abroad for the purpose of circumventing military service (so-called "birth tourists") are not eligible. |
6. Applying for the F6 Marriage Visa at a Consulate
Once nationality (and military service, if applicable) matters are resolved, the individual can apply for an F6 visa or any other visa, provided they meet the eligibility requirements.
※ F4 visa (Overseas Korean) issuance is restricted based on the following guidelines
- Men who lost Korean nationality for military evasion purposes before May 1, 2018, are restricted until December 31 of the year they turn 38
- Men who lost Korean nationality after May 1, 2018, without fulfilling military obligations are restricted until December 31 of the year they turn 40
In the case of A, he did not reside in Korea under a legal long-term stay status but traveled back and forth between Korea and the U.S. without a visa. Additionally, humanitarian reasons such as pregnancy or childbirth did not apply.
Therefore, A must apply for an F6 marriage visa through the appropriate overseas consulate, in accordance with regulations.
※ It does not necessarily have to be in the applicant's country of nationality. Applications can also be submitted at Korean consulates in nearby countries like Japan or China.
For detailed information about F6 visa requirements, procedures, and necessary documents, refer to the relevant guidelines ↓
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