“Is it Just about the Income Requirement?” Court Ruling on Marriage-based Visa Changes
What if your marriage immigration visa application was denied simply due to insufficient income? Imagine having to leave behind your spouse and child—it’s a distressing situation many applicants face. There are numerous cases where a change in residency status is refused simply because the income requirement isn’t met. However, in a recent ruling, the court determined that denying an application solely based on this criterion, while ignoring humanitarian circumstances, is unlawful. In this article, we explore a case where assistance from a legal aid organization led to victory for a marriage immigration applicant who faced a visa application rejection. By reading on, you may find clarity on whether you could also be eligible for help.
Mr. A, Once Undocumented, Seeks Marriage Immigration Status for His Family
Mr. A entered the country in 2013 as a fisherman, but due to overstaying his visa, he became undocumented. Later, he married a Korean national and applied to change his status to marriage immigration (F-6). Unfortunately, immigration authorities denied his application, citing inadequate income. At the time of review, there were no reported earnings to the National Tax Service, and because of his undocumented status, they deemed him ineligible for a change of status.
However, this situation wasn’t typical. Mr. A was the sole provider for his spouse, who was battling a serious illness, and for their minor child, earning a stable income through agriculture. While he couldn’t report his earnings to the tax office, he was entirely responsible for his family’s livelihood. Refusing to change his visa status based solely on “insufficient income” was an overly rigid assessment.
Court’s Judgment: “Income Requirement is Not Absolute”
The Gwangju District Court ruled as follows: “According to the Enforcement Decree of the Immigration Control Act, the income requirement is merely a supplementary factor for determining the genuineness of a marriage and the likelihood of a stable marital life.” The court further stated, “Even if Mr. A’s family’s income does not meet the criteria, it is hard to dismiss the possibility of a normal marital life when considering humanitarian factors.” Simply failing to meet numerical criteria does not justify an automatic denial of marriage immigration status. In the end, the court decided that the immigration authorities had overstepped their discretion and revoked the rejection of Mr. A’s application.
Marriage Immigration Status: The Genuineness of Marriage?
This case highlights that what truly matters in residency assessments isn’t just the income amount, but rather whether the family genuinely lives together and supports one another.
Important Considerations in Such Cases
1️⃣ When applying for marriage immigration (F-6) status, if proving your income is challenging, work with an expert to gather and submit documentation that reflects your actual earnings (such as agricultural sales or transaction records).
2️⃣ If your spouse or child has conditions that require protection from illness, disability, or being a minor, make sure to emphasize these humanitarian factors.
3️⃣ Even if you are currently undocumented, if you can clearly demonstrate a genuine marriage and intent to maintain family life, there may be avenues for relief.
Need More Specific Advice?
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