If you divorced for reasons not attributable to you, such as the Korean spouse leaving home or violence, after a normal marriage in F-6-1 status, you can apply for the first stay extension as a marriage-terminated person (F-6-3), granted within a range of 1 year as F-6-3. The file centers on the detailed marriage certificate stating the divorce, divorce-related court documents and evidence of fault; even where the foreigner is at fault, a special rule lets the office examine the facts and proof of support if the foreigner supports the Korean spouse’s parents or family.
Key Summary
- Eligible: F-6-1 holders who divorced for reasons not attributable to them (national’s leaving home, violence, etc.)
- Core documents: detailed marriage certificate stating the divorce, divorce-related court documents, evidence of fault
- Fault-evidence examples: missing-person report, hospital diagnosis for violence, prosecutor’s non-indictment decision, women’s group confirmation, confirmation from a relative within the 4th degree, neighborhood head confirmation
- Grant: within a range of 1 year as F-6-3
1. Does divorce mean I cannot stay?
The manual provides an F-6-3 route for marriage-terminated persons (death, missing, divorce). For divorce, a person who divorced “for reasons not attributable to themselves” is eligible for the first stay extension.
2. Who is covered?
A person who stayed as the spouse of a Korean national (F-6-1) in a normal marriage in Korea and divorced for reasons not attributable to them, such as the national leaving home or violence.
3. Which documents are required?
- Application form (Form No. 34), passport and alien registration card, fee
- Detailed marriage certificate stating the divorce
- Divorce-related court documents (divorce judgment, mediation record, recommended settlement decision, statement of reasons for divorce by agreement, etc.)
- Evidence of fault
- Child’s family relation certificate if a child was born to the couple
- Foreigner occupation report and proof of address
- Other documents the office considers necessary
4. How is fault proven?
Objective materials showing the marriage ended mainly because of the Korean spouse’s fault are needed. Examples are the spouse’s missing-person report, a hospital diagnosis for injuries from violence, a prosecutor’s non-indictment decision, a confirmation from a recognized women’s organization, a confirmation from a relative within the 4th degree of the Korean spouse, and a confirmation from the neighborhood head where you lived when the marriage broke down.
5. Is it impossible if I was at fault?
The manual has a special rule: even where the foreigner is at fault, if that person supports the Korean spouse’s parents or family, the office verifies the facts and proof of support before deciding, with a stay granted for a range of 1 year as F-6-3.
6. Common problems
- Submitting only court papers with too little material showing fault
- Divorce by agreement leaving few documents and a hard-to-build statement
- Dates of evidence not matching when the marriage broke down
7. How 비전행정사사무소 (Vision Administrative Office) can help
We review the document list and how fault evidence is organized, and guide the application and filing. We do not represent clients in lawsuits or court proceedings (outside the scope of an administrative agent).
Frequently Asked Questions
Can I stay as F-6-3 after divorce?
If you divorced for reasons not attributable to you, you are eligible for the first marriage-terminated (F-6-3) extension, granted within a range of 1 year.
What can I submit as fault evidence?
Examples include a missing-person report, a hospital diagnosis for violence, a prosecutor’s non-indictment decision, a women’s group confirmation, a confirmation from a relative within the 4th degree and a neighborhood head confirmation.
Is divorce by agreement possible?
The divorce-related documents include a statement of reasons for divorce by agreement. Whether it works depends on the reasons and evidence reviewed.
Is there no option if the divorce was my fault?
Even if the foreigner is at fault, a special rule covers those who support the Korean spouse’s parents or family, where facts and proof of support are checked.
What extra document applies if there is a child?
The child’s family relation certificate if a child was born to the couple.
Related Guides
Consultation
비전행정사사무소 (Vision Administrative Office) is an administrative office that supports document preparation and filing with the authorities. Fees vary by case and are explained during a consultation. Phone 02-363-2251