CAMP RED CLOUD, Republic of Korea - Getting involved in an international marriage can seem to be a morass of red tape. But that red tape can help reduce spousal abandonment.
Spousal abandonment in Korea occurs when a Soldier transfers to a unit stateside and leaves their spouse in Korea, whether intended by the Soldier or due to issues related to the procurement of an immigration visa.
"There are, generally speaking, two types of spousal abandonment," said Capt. Robert Hendricks, an administrative law attorney with the 2nd Infantry Division Legal Assistance Office. "The first type is when the Soldier marries without fully considering the consequences of marriage and literally transfers to another duty station without informing his spouse he is doing so, or alternatively, he PCSs and never makes an effort to comply with the immigrant visa process."
These can be avoided if the Soldier takes a few basic steps.
"The first type of abandonment can be avoided by truly contemplating the nature of marriage and realizing that getting married in Korea is no joke and that 'I will be really, truly and legally married,'" Hendricks said.
The second type of abandonment is when the Soldier does not leave adequate time to complete the immigration visa process.
"It is relatively easy to avoid the second type of abandonment," Hendricks said. "First, the Soldier must be aware that there is an immigrant visa process. Often, Soldiers falsely assume that their now-wife's being married to a U.S. citizen permits their now-wife to accompany her new husband back to the states, proceed through customs, etc. But, it doesn't. Rather, the husband must petition for his spouse to immigrate to the U.S. by filing an I-130 visa on her behalf."
Hendricks added the application typically may take anywhere from 3-6 months to complete and process (it is also relatively expensive - $355 for the application and $400 for the actual visa).
"A Soldier must comply with USFK 600-240, 'The Marriage Regulation," he said. "One of the primary purposes of the regulation is to ensure that foreign spouses are eligible to immigrate to the United States. If you comply with the regulation and complete the required medical exams and background checks, you will learn before it's too late that your spouse was never eligible to immigrate, or sometimes enter, the United States. Stuff like this does happen. People typically do not mention their 20-year-old prostitution or drug conviction during a courtship. Also, certain medical conditions can be an issue. For example, it is not the spouse's fault that she has active tuberculosis, but, if she does, she is not eligible to immigrate to the U.S. until it is addressed."
Hendricks, who has extensive experience with international marriages, said if a Soldier marries in Korea he is married in the eyes of the Army and the United States Government.
"You are legally married," he said. "International marriages are viewed no differently than marriages that take place in California, New York, or Texas. Second, you are married in the eyes of the Army. Therefore, for example, the prohibition against adultery applies. More importantly, Army Regulation 608-99 requires that Soldiers support their geographically separated dependents. For example, if a private first class gets married in Korea and PCSs without his spouse, the private first class is required by AR 608-99 to provide his wife and other dependents $650.10 per month. If you are required to reside in off-post housing at Fort Campbell because you are married in the eyes of the Army, the money you are sending your wife in Korea is a significant percentage of your disposable income."
The Army does not recognize legal separation - you are either married or not married, he added.
"There is no category for married but I abandoned my spouse in Korea, married but I want a divorce, married but I got married in Korea so it does not really count. Once you enter into an international marriage you are married. Consequently, if you decide it was all a mistake, you need to go through the hassle of obtaining a divorce."
Hendricks concluded that he doubts "many Soldiers marry with an intention to abandon his or her spouse in Korea. Rather, I believe that Soldiers who PCS without informing their spouse get married, realize it is a mistake, and do not want to deal with obtaining a divorce. It is also common that Soldiers marry without allowing his or her spouse's immigrant visa to be processed."
For more information contact your local legal assistance office.
(Editor's Note: This article is the second in a series on international marriages and spousal abandonment.)
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