1. Marriage Based Visa in New York – Background and Initial Challenges
The client, a U.S. citizen married to a Korean national, was living in Korea under a lawful marriage-based visa.
Her life changed abruptly when her husband suffered a traumatic accident and fell into a coma, leaving him incapable of making medical or financial decisions.
As her Marriage Based Visa was nearing expiration, the client faced two urgent questions:
- How can she legally manage her husband’s medical and financial affairs?
- How can she remain lawfully in the country to care for him?
The Client’s Difficult Situation
During consultation, the attorney learned that the husband owned a vehicle, bank accounts, and insurance policies requiring immediate decisions.
Under Korean law(much like New York guardianship rules)a spouse does not receive automatic authority to manage or dispose of assets.
A formal adult guardianship process was required.
Complicating matters further, the client’s Marriage Based Visa was close to expiring, raising the risk of losing lawful residency during the emergency.
Identifying Legal Priorities
The legal team identified two parallel legal tracks:
• Secure adult guardianshipto authorize medical, financial, and property decisions
• File for Marriage Based Visa extensionto maintain lawful residence
Failure in either area could jeopardize both caregiving ability and legal residency.
2. Marriage Based Visa in New York – Guardianship Requirements and Legal Procedures
Although guardianship systems differ between the U.S. and Korea, the foundational principles mirror New York’s guardianship standards:
the court must confirm incapacity and the petitioner’s legitimate relationship and purpose.
For applicants already dealing with Marriage Based Visa issues, guardianship requires especially thorough documentation.
Establishing Grounds for Guardianship
To begin guardianship proceedings, the legal team compiled:
• Medical confirmation of the coma
• Hospital records
• Physician statements
• Evidence of the husband’s inability to manage property or consent to medical decisions
As in New York, Korean courts require clear medical proofand supporting affidavits, particularly in cases involving foreign spouses on marriage-based visas.
Court Requirements and Family Coordination
The attorney secured written consent from the husband’s family supporting the client as guardian.
Without family cooperation, guardianship cases can face delays similar to contested guardianship cases in New York.
The attorney ensured:
• Preparation of family consent statements
• Proof of the client’s suitability as guardian
• Submission of identity records, relationship certificates, and family registries
This cooperation strengthened the guardianship petition and addressed concerns related to Marriage Based Visa status.
3. Marriage Based Visa in New York – Parallel Visa Extension Strategy
Because her lawful residency depended on her marriage-based visa, the client needed immediate extension approval to avoid unlawful presence and maintain caregiving responsibilities.
Preparing the Visa Extension Application
The immigration attorney guided her through:
• Drafting a formal extension request
• Submitting medical evidence of her husband’s condition
• Providing marriage certificates and residency documents
• Scheduling a government appointment and paying filing fees
Each document reinforced the legitimacy of her Marriage Based Visa extension.
Legal Basis for Visa Extension
Under immigration regulations similar to New York’s humanitarian-based status extensions foreign nationals may extend stay when compelling medical or family circumstances exist.
The attorney emphasized:
• Her inability to return to the U.S.
• Her essential caregiving role
• The humanitarian need for continuous stay
This aligned with principles recognized in U.S. immigration systems.
4. Marriage Based Visa in New York – Legal Strategy and Case Resolution
Once both guardianship and Marriage Based Visa applications were underway, attorneys ensured the processes did not conflict.
Coordinated work between family law and immigration law teams was crucial.
Comprehensive Defense and Documentation
The attorneys prepared:
• A detailed guardianship petition
• Evidence of caregiving responsibilities
• A full background review confirming no disqualifying issues
• Documentation proving marriage legitimacy and long-term residency
This reflects what a New York attorney would prepare in a similar dual track legal case.
Successful Outcome and Stabilized Legal Status
The court approved the guardianship petition, granting the client legal authority over her husband’s healthcare, assets, and finances.
Shortly afterward, her Marriage Based Visa extension was approved, allowing her to remain lawfully in the country.
With legal stability restored, the client could:
• Sell her husband’s vehicle to pay medical bills
• File insurance claims
• Coordinate long-term care
• Remain with her spouse without fear of deportation
She expressed deep relief and gratitude for the legal team’s guidance.
Cases involving a marriage based visa, guardianship needs, and medical emergencies require multidisciplinary legal support.
SJKP provides coordinated assistance from immigration attorneys, family law professionals, and international law specialists.
If you or someone you know needs help with a marriage-based visa, guardianship, or emergency legal matter, contact SJKP today.
24 Nov, 2025
