Non command sponsored with an E2 fiance - Page 3

doxy224 · #21 09-06-2008, 09:56 AM

Well this is turning out to be interesting for me. I might have to do some further looking into things.

I am here on an E-3 Visa with the school, however, that doesn't mean that a SOFA stamp cannot be applied. My SOFA rights would just come secondary to those rules of my E-3 visa standing. Different people will always give you different information because this is a legal proceeedure that is usually written in black and white. My situation is very colorful.

I was given the information last week at the briefing, and I am no stranger to Army misinformation. So, it can be completely possible that what she told me is incorrect or just applies to my Visa.

However, I am inclined to agree with her reasoning. Your SOFA is a agreement for those in the military, their dependents, military contractors, and international diplomats coming to live in Korea. It also is for those on "assignment" to be here. I think this is where the legal advice differs. Because I am ncs, I am not here on my husbands assignment. Therefore, I am not granted the legal protections of being here with the military.

So, I don't doubt that what you read may be right. I just think that something like this it is best to speak with a legal aid. Where one person might not be able to justify giving me the SOFA another person might.

The only reason that I would get the SOFA is if I get cs. I would then have driving privilages. Otherwise it is not a good move for me because my tax situation would change. I would not have to pay Korean income tax of 3%. I would have to pay American income tax which is considerably more.

rndspringer · #22 09-06-2008, 10:49 AM

By all means, definitely check with the Korean immigrations office which issues SOFA stamps, about the regulations governing who and who can't get one, hopefully, another NCS there can also check into it and find the definitive answer.

I very strongly feel that it's not something related to NCS as a general category, but to the fact you have an E-3 visa, instead of an A-3.

An A-3 Visa is what identifies you as a military dependent. When you get your A-3 visa, you declare to the Korean government that you are a military dependent who is going to Korea to -accompany- their spouse, who is on an active duty assignment (when you get your A-3 VISA , you have to provide a copy of your husband's orders, which verifies *HIS* status as being "on assignment). I'm willing to bet that when you applied for your VISA, you didn't have to provide documentation of your husband's assignment.

When you get an E-3 Visa, you are declaring yourself to be a foreign national coming to Korea for the purpose of employment..and those under that VISA are normally not considered eligible by the Korean government for SOFA status. In a sense , the lawyer was right.. you haven't identified yourself as being there for the sole purpose of your husband's assignment, whereas an NCS spouse under the A-3 visa is identified as being there in conjunction with an assignment. You have, by procuring an E-3, identified yourself as a foreign national coming to Korea for the purpose of working.

The E-3 is available to all foreign nationals, I knew several Canadian teachers who were also there under the E-3 Visa, as well as a couple of South Africans, so there's no way the Korean government can really allow that visa the same sofa privileges as an E-3.

The A-3 is the only real category of Visa that's specifically set aside for American Military AD and families under SOFA status.

BTW, I could be wrong about this, but I do believe that in strict terms, the AD member is the only actual person on assignment, in -any- situation, family members are -always- listed as accompanying.

Under SOFA terms, those "on assignment", are allowed entry into the country on presentation of the orders...which is why the AD member doesn't need a VISA. All family members, however, CS included, -do- need to have a VISA.
If a CS family member was considered to be "on assignment" , they could be admitted without the VISA, the way I understand it.

BTW, as I understand it, folks with an E-3 Visa can get an international driver's license. I know of a few teachers there that had them, without a SOFA stamp.

Dee :)

doxy224 · #23 09-07-2008, 09:59 AM

Thanks for the information. The lawyer that I had spoke to said that "it all depends on who you talk to." Right now, I am not to worried about it.

When my husband's cs comes through, if it ever does, then will be the time to take it more seriously.

I know that many people have an international drivers license. I have a few co-workers with one as well. However, all will admit that some of the protections provided for in the SOFA stamp are definately worth having.

Also, there are many spouses out there that have working visas and sofa stamps. So, I don't want to deter anyone from working off base, because it has been a rewarding experinence for me.

Thanks for the imput though. This has been very interesting, and I will have to look into it again further when I find out about cs.

JMCMOSE · #24 09-07-2008, 03:08 PM

Quote:

Originally Posted by rndspringer

Doxy,

Unless things have changed drastically in the past little bit, that is totally incorrect.

You -can- get a sofa stamp as an NCS spouse, and an A-3 Visa. I know I did.

While I don't doubt that you may have been briefed that, I think we've all encountered situations where we've received incorrect information from supposedly reliable sources. I'd have to see some documentation for that.

I just did some searches prior to posting and everything I'm finding is that the SOFA stamp is still not only -available- to NCS spouses, it's -required-.

The SOFA stamp isn't an official permission of anything, nor is it administered by the U.S. Government, it's simply an indication that you ,as a non-resident, and a military dependent, are covered and bound by the Status of Forces agreement.

To my knowledge, those standards are in effect even if you're just -visiting- Korea.

I honestly think you've been given some incorrect information.

I'm wondering if what you were told is in reference to your situation in particular, instead of applying to NCS spouses in general, since you -should- apparently (if you've been working in Korea at a hagwon, and officially had travel expenses paid by the school, the school helped obtain your visa for you,etc) fall under a different -category- of VISA than your average NCS spouse. Didn't you also post some time ago that you weren't receiving OHA due to the fact that your housing is supplied by your school?

An A-3 Visa isn't the same thing as a work visa, and the regulations governing it may be different.

Given that you're teaching , your VISA should be a category "E- something", rather than an A.

If you're considered under a different category of VISA, you may have different factors affecting you than most NCS spouses.

If you have an A-3 Visa,and you're currently -working- off base in Korea, then stop! don't pass go! Don't collect 200.00, because under the A-3 Visa, you are -not- authorized to work as you are, and you may end up running into complications. I'd get in touch with the Korean consulate, or immigrations office at your base, and start checking into things right away.

If you're not an official American citizen, that could also be complicating matters.

Dee

Edited to Add:

By George, I think I might have stumbled onto it!

I just checked www.usfk.mil 's commentary about the SOFA, at http://www.usfk.mil/usfk/welcome/sofa.html .

"For SOFA-status personnel entering Korea on a passport, the Korean visa should be category "A-3" and authorize "multiple entry."

It may very well be that you may be experiencing difficulty in getting your SOFA stamp due to the category of your VISA. You may be considered an "international teacher in Korea" rather than a "NCS dependent accompanying their AD family" , and thusly , not covered under the same standards.

Also according to the official State Department website , "Entry/Exit" requirement..

"Changes of status from one type of visa to another (from tourism to teaching, for example) are normally not granted in the Republic of Korea but may be obtained at a Korean Embassy or Consulate after departing Korea."

..so if doxy entered Korea under a different type of VISA than an A-3, she may -not- be able to change that visa *to* an a-3, without CS status, and she may not be able to get a SOFA stamp in her visa, since she technically isn't listed in Korean records as a military dependent.

My research , however, hasn't turned up any changes in the Korean immigration status that would apply to any NCS spouse seeking the Korean A-3 Visa.

If someone on the ground over there would like to go by the Korean immigrations office and ask someone, just to make sure though.. that'd definitely be great!

Thank you, thank you, thank you! You just answered half of the questions I have about this whole process. Now I can tell my husband to be what he needs to do in order to help me stay with him.

Ralu · #25 09-12-2008, 09:34 AM

Doxxy,
I am very interested in knowing who at Legal told you you cannot get a SOFA stamp if you are NCS.They should have the same information concerning the SOFA, not differing opinions based on"depends on who you talk to".
I got my SOFA while I was NCS, there was no problem with it.
Even though a NCS spouse is not on the MM's orders, when one applies for the SOFA, they have to have a letter from the command stating you live in Korea and where.
I think that they told you cannot get a SOFA because you are here on an E3 visa, not an A3. There are a lot of Americans teaching English in Korea who do not have a SOFA status, because they came into the country under the provisions of their working visas.

elisedix · #26 09-12-2008, 11:20 AM

I was told by Immigration at Osan that since I am a dependant and have an A-3 Visa that I need a SOFA stamp regardless of command sponsorship status. I am NCS by the way.
Dont know if that helps.

FairMaiden · #27 09-12-2008, 08:47 PM

As far as finding a job once you get to Korea, pretty much everything is done online. www.usajobs.com is the official website for government jobs and you can search & apply for jobs at whichever location you end up living. Those jobs are harder to get, though, and you might have better luck with cpoc-www.korea.army.mil which is a korea-wide job search & includes DoDEA, AAFES, and intern positions. Keep in mind though, that jobs are really limited, and NCS spouses have to compete with Korean nationals and command sponsored spouses that get an employment preference. Honestly having a job is one of those things that's great if you can get it, but you can't rely on being able to find one.

English teaching jobs are prevalent, but as some other people have noted unless you find a position before coming over & enter Korea on an E3 visa, your best bet is to look for job posting flyers on base that are pre-approved for military spouses to work at & won't violate your A3 status.

FairMaiden · #28 09-12-2008, 08:59 PM

Oh, one more thing. You mentioned you were still working on your degree; I am taking online classes too through Regent University, but you can also check out www.asia.umuc.edu University of Maryland is just one of the schools available to military in Korea; they offer complete degrees and have classes on every base in Korea and also online. I'm taking a class here at Osan through them to supplement my online classes because it's so much cheaper... like $550 for a 3 credit class

rndspringer · #29 09-12-2008, 11:11 PM

JCMCMOSE,

Please pardon me for hijacking the thread.. please continue to ask questions, we'll answer them as thoroughly as we can! :)..

But I have to ask..

FairMaiden, how are you doing? Sounds like you're getting settled in ,and things are going well! *G* See, we told you you could do this! LOL :)

As an "old-timer", it truly is a pleasure to watch someone go through the process of the initial panic, questioning..and then hear their success stories. :)

Kudos to all you NCS spouses there now.. :)

Dee :)

FairMaiden · #30 09-13-2008, 03:06 PM

Hi Dee :)

Actually, I can't take credit for accomplishing much... I had everything lined up to come over NCS, and then the day before my hubby graduated from tech school we got a packet saying we'd been approved for a CS slot. We put in the paperwork just for the heck of it not expecting to hear anything, so we had to scramble to get all the new paperwork done in time, but that was really the only difficult part.

I'm really loving Korea though and the Osan community is just awesome. I've made more friends here than any other base we've been on, and the way everyone comes together like a family makes it not seem so very far away from home.

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