MARRIAGE IN SOUTH KOREA

Disclaimer: The following information relating to marriage requirements of specific foreign countries is provided for general information only and may not be accurate in a particular case. Questions involving interpretations of specific foreign laws should be addressed to foreign attorneys or foreign government officials.

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.

1. PROOF OF UNITED STATES CITIZENSHIP

2. 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 Bureau of Citizenship and Immigration Services in the Department of Homeland Security 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.

3. PROOF OF TERMINATION OF ANY PRIOR MARRIAGE(S)

4. 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.

5. 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:

1. FAMILY CENSUS REGISTER (HOJUK DUNGBON)

2. 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.

3. A VALID KOREAN IDENTIFICATION CARD (JUMIN DEUNGNOK JEUNG) AND NAME STAME (TOJANG)

4. PROOF OF TERMINATION OF ANY PRIOR MARRIAGE(S)

5. See part 2 of "MARRIAGE DOCUMENTATION FOR AMERICAN CITIZENS"

6. 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 THESE FORMS

1. "Affidavit of Eligibility for Marriage" down through "Date Divorce Final" in triplicate. (American females must complete four "Affidavits of Eligibility for Marriage".)

2. "Report and Certificate of Marriage" down through "Date Divorce Final" in triplicate. (Forms must all be originals.)

MARRIAGE PROCEDURES

1. 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.

2. 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.

3. 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.

AFTER THE MARRIAGE, THE US CITIZEN MAY PETITION THE KOREAN SPOUSE FOR A K3 MARRIAGE VISA.

ALTERNATIVE TO MARRIAGE ABROAD:

Instead of the above procedures, it is possible to file a fiance visa petition for an alien to enter the United States as the fiancee of an American citizen. Thus, enabling the parties to marry in the United States. Note that this is only possible if you have previously physically met your fiancee. K1 Fiance Visa.

To consult a K3 marriage visa attorney, please call us at (626) 279-5341 or e-mail us at info@bccvisalaw.com. An attorney in our office would be happy to assist you.