issues with acquiring a spouse visa

Hello, it's been a while since I have posted a question here, but I have been having a dilemma recently. To make a long story short, I am divorcing my ex-wife of 7 years, who is Japanese, due to infidelity on her part. I have visited Japan several times with her, but we never lived there. I'm on her Koseki, as everything was registered with the Japanese embassy (consulate) in NYC, where we both live.

The divorce itself, taking place in NYC, should be done within the next few months. The issue here is that I have finally found my soulmate who is also Japanese. We are madly in love, and while we have only known eachother for four months, the time we spent together was magical and we plan on getting married soon after my divorce is finalized. Originally the plan was to bring her to the states so that we could get married and start our new lives together in NYC. The issue is that I discovered that she needs a K1 visa which takes 6 months to a year. We don't have that kind of time, since she just got accepted into Kyoto University grad school. Aside from that, I would not want to upset her parents either. Neither of us wants to, nor can we handle, the long distance thing.

The only other option was for us to get married in Japan once my divorce is finalized, and we can live together in Japan while she completes her Masters degree in the next two years. The Japanese marriage procedure is pretty easy and straight forward. The issue here is that I would need a spouse visa to stay in Japan legally. I think we should be able to satisfy all of the requirements, except for one:

I can't legally work in Japan without the spouse visa, so initially I would have no income. She is a student with a really low paying, part-time job and receives financial support from her parents. How can I get the visa if they feel that she can't support me financially as a student. Does it matter how much money she gets from her parents? Are there any other options? Or would I be denied a visa and forced to leave (what will be) my new wife?

Thanks in advance, and any helpful advice will be greatly appreciated.

Putting that mess all to one side, have you thought about coming to Japan on a work visa instead while you wait for your soon-to-be wife finishes school?

If her parents agree to sign as your "guarantors", then you won't have trouble with the visa from that angle. Plenty of guys marrying Japanese women arrive in Japan in exactly your situation.

By this I mean, is it enough to have her mother sign on as my guarantor? Both of her parents make a decent income on their own, both working as pharmacists in the hospital. As far as getting a working visa is concerned, we do want to get married legit, and I have not yet finished my bachelor's degree. I have to take three more classes, and while I will complete it by distance, it will take a little more time.


The whole spouse and marriage procedure in Japan seems pretty straight forward. I just want to make sure that everything goes as smooth as possible without any real issues.Nobody wants to be kicked out of the country. I should not have any real issues, since the marriage will be 100% legit, even though it appears to be fast.

I'd say, as long as the marriage is genuine, you have her parents' support, and her parents' additional support letter saying that they will be responsible for her and your (initial) living expenses, you should be OK. The "guarantor" will have to be the Japanese spouse, so an additional letter by the parents would be more appropriate.

Probably the two of you need to turn in a paper (just a letter, explaining your current situation) saying that she is currently studying and hope to pursue a career in (whatever), and that you will be looking for a career in (whatever your past job or your major) once you settle in Japan, etc.

So far the information I am receiving here has been helpful. My issue is that since my divorce in the states with my ex-wife has not been finalized, I am very limited as to what I can and can't do. Once that it done, I plan on going to Japan to marry my fiance and live with her in Japan while she completes her master's degree. Right now I am pretty unsure of exactly what is needed to get married to her, aside from my passport and signing a paper saying that I am free to marry once my divorce is complete. In addition to this, I keep hearing conflicting reports as to whether or not it's possible to stay in Japan while we try to process the paperwork, since I was told that you need a Certificate of Eligibility to push a spouse visa application, and that can take more than the 90 days that you are legally allowed to stay in Japan as an American. For what it's worth, this marriage will take place in Kyoto, which is in the Kansai area if that makes a difference. I would love to hear someone share their experience with me. From what I understand, her mother is supportive, and yes, the marriage will be genuine. I love her very much, and I would only live in Japan to be together while she completes her degree at Kyoto U.

When I said guarantor I didn't mean the person who fills in the "letter of guarantee" (usually the Japanese spouse as above), I meant the financial guarantor. As it's a while since I changed to a spouse visa I couldn't remember the exact term in English that Immigration uses, but having just checked the application forms on the Ministry of Justice's site I see they refer to that person as your "supporter" (•}—{ŽÒ in Japanese).

This can be yourself, your spouse, or "others", which is what you will have to choose. You then need proof of the supporter's employment and income (in my case my husband was my "supporter", so we gave copies of his payslips and contract).

If you truly are in love, a year is doable but not fun. My wife's visa took a year to get. Why not wait? It sounds like you are trying to rush things too much.

Sira,

I knew what you meant, but just wanted to make sure, as there is a definition for "guarantor" when it comes to spouse visa application. Sorry for seeming to be picky.


To the original poster,

It's fine to ask here on this forum for experiences, but for certain official procedures it might be better to turn to the right authorities :) But the following is what I know.

If you are getting married IN Japan and want to proceed to apply for Spouse visa, you won't have anything to do with Certificate of Eligibility. CoE is something you apply for when you apply for a visa status from outside Japan.

You come into Japan on a Temporary Visitor status (for US citizens, just the passport), then you get married (based on Japanese law).
For the marriage process itself, please refer to:
http://tokyo.usembassy.gov/e/acs/tacs-7114.html

Then based on that marriage you file an Applicationn for Change of Status of Residence. Once you've turned in all papers needed and get your passport stamped with "application accepted" (I forgot the exact wording, sorry), you can stay in Japan.

This is the procedure of this application for change - please have your wife-to-be read through this. It also provides a link to the list of
supporting documents that she and you need to provide as well:
http://www.moj.go.jp/ONLINE/IMMIGRATION/16-2.html

I cannot find the "exact equivalent" in English, but this gives the outline (not enough details about the documents needed, though):
http://www.immi-moj.go.jp/english/tetuduki/kanri/shyorui/02.html

Since you're just getting divorced then getting re-married, note that there *might* be more questions posed about the authenticity of the marriage by Immigration - if you apply from outside Japan, they do seem to ask for photos together, background of how you met, etc., and you *might* get requests like those though you apply from within Japan.

AK and others,

Thanks for the info. Right now, while I know that collecting pertinent info is best left to the proper authorities, I'm just trying to gain an idea of how difficult, painless, or straight forward the process will be. I do this to get all of the necessary info and documentation that is necessary, so that I don't encounter any unexpected or unforeseen problems. To give you a little background, I met her initially on a well known website where foreigners meet Japanese women for penpals, networking, or romance. Initially my intention was to meet a penpal, since I was in the middle of an ugly divorce and romance wasn't necessarily on my agenda. However, the more we spoke the more we realized that we had in common. One thing led to another and we developed string feelings for eachother. So I flew to japan and we fell in love. She then came to NYC last month and everything was amazing. She's coming again in a couple of weeks and we wi enjoy our time together. I also plan on flying to japan to see her again in May, so that we can spend some time together and so that I can be formally introduced to her dad. As for the pictures, we have plenty together, including some professional pics taken by a photographer in japan. All we do is take pics together so that we can better cope with being apart.

I'm sorry about giving such a long history, but u want everyone to better understand the situation, see that this marriage will indeed be legit, and understand why we can't luce apart for two years while she completes her masters degree. Even uf I could endure the 1-year wait for a K-1 visa, she can't just drop out of Kyoto university. Moving to japan is the only way around this. I know it sounds very crazy but she's my soulmate.

AK and others,

Thanks for the info. Right now, while I know that collecting pertinent info is best left to the proper authorities, I'm just trying to gain an idea of how difficult, painless, or straight forward the process will be. I do this to get all of the necessary info and documentation that is necessary, so that I don't encounter any unexpected or unforeseen problems. To give you a little background, I met her initially on a well known website where foreigners meet Japanese women for penpals, networking, or romance. Initially my intention was to meet a penpal, since I was in the middle of an ugly divorce and romance wasn't necessarily on my agenda. However, the more we spoke the more we realized that we had in common. One thing led to another and we developed string feelings for eachother. So I flew to japan and we fell in love. She then came to NYC last month and everything was amazing. She's coming again in a couple of weeks and we wi enjoy our time together. I also plan on flying to japan to see her again in May, so that we can spend some time together and so that I can be formally introduced to her dad. As for the pictures, we have plenty together, including some professional pics taken by a photographer in japan. All we do is take pics together so that we can better cope with being apart.

I'm sorry about giving such a long history, but u want everyone to better understand the situation, see that this marriage will indeed be legit, and understand why we can't luce apart for two years while she completes her masters degree. Even uf I could endure the 1-year wait for a K-1 visa, she can't just drop out of Kyoto university. Moving to japan is the only way around this. I know it sounds very crazy but she's my soulmate.

Sorry for the double post and the typos, but the post was created and sent from an iPhone initially, so it's rife with typographical errors. Basically, what I was saying is that I like to get all of the necessary info before I take the plunge and come to the realization that everything I have is incomplete. As it stands, her mother supports the idea of me marrying her daughter and coming to live with her daughter in Japan because she understands that we are indeed in love and that I would be doing this so that her daughter can still complete her Master's degree at Kyoto University, prior to coming to live in the US. The US immigration process is a REAL pain in the arse, and I have always heard that the Japanese process was pretty easy. I'm hoping the same is true for me, because the marriage will be legit and I am not getting married for the sole purpose of obtaining a spouse visa. The way I see it, by the time I am legally able to marry her, we will have at least 8 or 9 months of history together. Until that time, I will continue with my research and listening to advice from everyone here and elsewhere. Again, thanks for the advice thus far.

CorruptionDee, make sure you don't give the professional photos to Immigration- they're after candid snaps in different locations in different seasons so it looks like the relationship is of some standing. Ideally some should have family members in them as well. Professional photos look too staged.

Hello everyone, it seems like just when you get the answer to one question, new questions are raised. My Fiance has been doing her own research and she's unclear on some things regarding the koseki. I'm American, so I don't have a koseki. Normally when two Japanese people marry, the wife is put on the husband's koseki. In her case, she's on her parents' koseki, so she wants to know what will happen by her marrying me and her parents agreeing to support us financially (temporarily). Will they be adopting me to their koseki? Will she have her own? Will I have to adopt the Japanese family name on the koseki?

It's really confusing, and I don't have the answer at all, nor do I know where else to look. Aside from that, as I explained in the begginning, I won't be able to get a job without the spouse visa and she's a student. She was told by her school that if she was independent paying taxes and has a lower income, her tuition would be dramatically reduced. Obviously all her financial support would still come from her parents. The biggest difference would be lower admissions and tutiond to attend Kyoto U.

After this, she began to worry that this may have an adverse effect on the immigration process, because they could argue that she us not financially stable enough to sponsor me, thereby denying me a spouse visa. Again, I'm sorry for all of these questions, but the members of this forum seem to be more knowledgable based on personal experiences with the Japanese immigration system. I'm sure Im one of a million people worried about the immigration and spouse visa process.

She will create her own new koseki, and you will be mentioned on that koseki as being her husband. She must choose within 6 months whether she wants to take your family name, otherwise she may keep her own name, but any children you have will then also have her family name. You will be listed on the koseki under your own name unless you legally change your family name to hers in the US.

Visa status and who is your financial supporter do not affect the above issue as you will not have applied for your visa yet, and no questions about finances are asked when you file the marriage documents.

As I mentioned above, guys in your situation get married to Japanese women who are also not working all the time, and I have never heard of a visa being turned down for that reason. If your parents-in-law agree to put themselves on the application as financial supporters, you have absolutely no problems, especially since they are still working.

How much your girlfriend is paying to attend university etc. have no bearing on a spouse visa application- remember that it is very common still for women to quit their job around the time they get married in Japan. A non-working wife is nothing unusual at all, and won't worry Immigration provided you have alternative financial supporters.

Hi,
Its not so difficult, the way u r expecting...
If u already got divorce, then also u can come to Japan in tourist visa n get married to ur present girlfriend at ward office where u will be residing and then apply for Spouse Visa and get the status change at MOJ(Immigration Office)...it will hardly take couples of week....
After getting marraige certificate from ward office...u can work as a part-time anywhere as u prefer....
Ask ur girlfriend to get queries from local ward office for guidelines...it will be easier...as u r a usa citizen, it will not be so much problem to acquire japanese spouse visa.....
I m also married to Japanese national...
best of luck

The divorce isn't finalized yet, but it should be done within the next couple of months or so, since I just have to sign a draft of the decree. After that, the plan is to get my things together, save a couple of dollars, and fly to Japan to stay with my fiance while we get married and apply for a spouse visa. I was told it's best to tell Japanese immigration that you're there to visit a friend and check the sites, rather than to marry. Right now I'm collecting all of the necessary info so that I can better prepare myself without any unexpected surprises. That way I can gather all of the necessary paperwork and prep myself for immigration and finding a job.