From: blamb@rodan.hri.com (Bill Lambert)
Newsgroups: soc.culture.japan
Subject: Re: Marriage Logistics
Date: 28 Jul 92 19:15:10 GMT
Reply-To: blamb@rodan.hri.com (Bill Lambert)
Organization: Horizon Research

In article <1992Jul24.230645.405@lsil.com>, mitch@dc49.dc 
(Mitch Sako) writes:
=> Anyone care to discuss the legal ramifications regarding immigration, visas,
=> etc. with respect to American citizens marrying Japanese citizens and
planning
=> on living in the USA?  In particular, is it better to marry in the US
and then
=> apply for a permanent resident visa, marry in Japan, apply first,
etc.?  I know
=> there are plenty of people reading this net who have experience with
this.  I
=> don't plan on it now but...you never know.

Mitch, this was discussed a while back. There was some disagreement as to
what is "easy" or not, but I'll briefly try to summarize the issue as best
I remember it.

First case - Marriage in Japan: The procedure is different than here. A
marriage isn't made by an official at a ceremony or service but would be
done by the Japanese member of the couple making a new "family register"
(a family register is the official documentation of people in Japan,
and is a combination birth, marriage and death certificate that
is associated with one household).

The procedure (as I understood it, anyway) is a little different if
one of the partners is gaijin, in that a ceremony must take place
first and registration must be done at one of a few places - one
of them being Minato-ku City Hall. 

After you are legally married in Japan, then presentation of the
proper documention to support that fact to INS (certified copies
of family register and official translations done by the Japan
consulate) should be sufficient to attain US permanant resident
status provided there are no other disfavorable factors (disease,
membership in subversive organizations, drug addiction - all that
stuff everybody has).

Second case - Fiance(e) Visa: You apply for this visa category at
the U.S. embassy in Tokyo. It's a fairly painless, by sometimes
lengthy procedure as I understand it. I believe this allows your
fiance(e) 6 months stay in the US during which time it is presumed
you two will marry and apply for PR status for the non-US honeymooner.

Third Case - Tourist Visa: When you're ready, have your fiance(e)
come to the US and just get married. I did this. 

What's the difference with case 2 and 3? Well.... just the INS seems
to like 2 better and you avoid the question of whether you are just
getting married so that the alien spouse can stay in the U.S. ala
"Green Card" movie. I was married this way, and had to face the
inquisition during the permanent residence procedure. The fiance(e)
visa is less painful, after you get it.

In cases 2 and 3, you can also register your marriage (make a family
register) either at a Japan Consulate or Embassy, or back at Minato-ku
City Hall. I believe there is a time limit in which to do this. Please
note.... you can not just "do" the Japanese procedure in the US at a
Japan consulate because the requirement is a valid marriage certificate
from the country of residence. Not knowing this was our mistake, and
the reason we did (2).

Permanent residency takes a few months to acquire. You must have all the
documents - and translated if needed, a physical exam, a couple of hundred
bucks, and a little patience. I believe the usual case is to get a final
interview for approval  1-3 months after filing the papers and having
the physical exam. It might take 3 - 4 trips to the INS. Please note
that your fiance will have trouble getting work (if they're so inclined)
without PR status, so plan on 2-4 month vacation for them.

If I missed anything or erred somewhere, someone please correct me, lest
we make some misunderstandings that might be potential trouble.

As to which way is better, it may depend on your proximity to the civil
organizations mentioned, and which of the intended has more time and/or
inclination to do the leg work. As far as the INS is concerned, there
is not much difference in where you were married, except for the 
requirement for translations. Don't let this be a factor, and make sure
you get married officially in both countries anyway. The order doesn't
matter so much.

By the way, Mitch.... congratulations!

- Bill Lambert
Newsgroups: soc.culture.japan