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Divorce and visa assistance 2019/7/3 13:57
Im a US citizen and my gf and I have been together for a year now. She's married to a Japanese man and now, she wants to file a divorce. I visited her in Japan back in April of this year. Now I was wondering if I can get her here in the US if I file a fiancee visa for her. I know that she needs to get divorced first, but how long will that take for her to be cleared to get married again? Also her visa is only valid till May of 2020. Will we have enough time to process everything? And if we cannot process everything within that time frame, what's her best option to stay in Japan for a little bit longer?

Thanks a lot guys.
by purplengold47  

Re: Divorce and visa assistance 2019/7/3 15:02
Your question is very unclear.
Where do you guys want to live ? US?
Whatfs her nationality?
How does this question relate to Japan?
by LikeBike (guest) rate this post as useful

Re: Divorce and visa assistance 2019/7/3 18:41
Yes, I want to get her here in the states. She's currently living in Japan and married to a Japanese. She is Filipina and has a visa till May of 2020.
by purplengold47 rate this post as useful

Re: Divorce and visa assistance 2019/7/3 18:49
I take it that your girlfriend is not Japanese from the way it sounds (that she has a resident status valid till 2020).

How long her marriage can be dissolved depends on whether they got married in Japan (according to the Japanese law), whether that divorce is recognized in her home country, and whether the current partner agrees to it.

The simplest case, if she is Japanese and they got married according to Japanese law, and if they agree on the divorce, it is just a matter of signing a paper and reporting it. If she is not pregnant at the time if divorce she should be able to get married right away in Japan.

If she is not Japanese and they got married outside Japan and reported that marriage later to the Japanese authorities, the marriage needs to be dissolved according to the law of the jurisdiction where the marriage took place. Even if they got married in Japan, some countries require that the marriage be reported and registered back in her home country, which means it needs to be registered as dissolved in her home country. That can take time.

If the current husband does not agree that goes to court. No idea how long that might take.

Once she gets divorced, then she needs to report it to the immigration authorities, and to stay on in Japan beyond a few months, she would need to apply for change of resident status to something like long-term resident if she has an established life in Japan or to employer-sponsored work status (if she has been working).

Too many variables to give you an answer based on the info provided.

by ....... (guest) rate this post as useful

Re: Divorce and visa assistance 2019/7/4 02:59
She is a Filipina and holds a Philippine passport but they were married in Japan and no she's not pregnant. I think my main question is, once shes divorced, how long will it take for me to get her here in the states if Im going to apply for a fiancee visa?
by purplengold47 rate this post as useful

Re: Divorce and visa assistance 2019/7/4 07:34
how long will it take for me to get her here in the states if Im going to apply for a fiancee visa?


Now, that's not really a question related to Japan at all... Maybe search for a forum about immigration to the US?
by LikeBike rate this post as useful

Re: Divorce and visa assistance 2019/7/4 10:27
Read what ....... (guest)

Getting a divorce in Japan is easy and fast, it just a matter of signing/hankoing the divorce paper in city hall. Just make sure she get a copy of the divorce certificate once it done.

What you need to worry about is the law of your gf country. Depending on country, if she has notified her country government about her marriage, she may also need to inform about the divorce. So, check with her side.
You may or may not need document from her country to proof that she is eligible for marriage?

As other have commented, you need to check with your own government procedures/documentation for fiancees visa and also your gf country side.
by @.. (guest) rate this post as useful

Re: Divorce and visa assistance 2019/7/4 11:43
If the marriage is registered in the Philippines than divorce is more difficult, the only way to divorce in the Philippines is through an annulment or a petition for legal separation (civil process).

You better to ask your gf and let her check.
by justmyday rate this post as useful

Re: Divorce and visa assistance 2019/7/4 16:38
Purplengold47,

Indeed when I wrote my earlier response (the same gcc.h above) the Philippines was one of the countries on my mind. If her marriage in Japan has been registered with her home country, that needs to be voided – or they call it annulled – you will need to check with the US authorities if they accept fiancé visa application with a wife-to-be with dissolved but not yet annulled marriage in another country. (There is another thread titled gType of visa/COEh that mentions how long the annulment might take.)
by ....... (guest) rate this post as useful

Re: Divorce and visa assistance 2019/7/4 19:31
Please take care that her husband may take you to court and ask compensation. She is wife of other japanese man.
by Guest C (guest) rate this post as useful

Re: Divorce and visa assistance 2019/7/5 19:00
Its not good to date others wife even though couple is not going well. Please don't say others wife as your girl friend.
by Guest C (guest) rate this post as useful

Re: Divorce and visa assistance 2019/7/5 22:45
Your biggest hurtle is if her marriage is registered in the Philippines; that will take some time to resolve and annul.

The annulment paperwork must be submitted with the initial fiancee visa application and the Filipino government moves slow.

On a side note, be careful with someone who marries someone from another country, only to divorce them and marry someone from yet another country.

If they do it for you, they will do it to you.
by Ro (guest) rate this post as useful

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