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Shonenknife

Where Exactly is my Marriage Recognized?

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Filed: Country: Japan
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Hey, my wife and I got married in Fujisawa, Japan in 2005. Through the visa process, we've used the translated marriage certificate from Fujisawa as our "proof of marriage." We never got married in the US (legally nor ceremonial). We are thinking about getting a divorce, and she wants to go back to Japan. We are wondering where we need to go to accomplish the legal steps of the actual divorce.

So my question is, where are we married? When she immigrated, we lived in Virginia. That's where she got her Green Card and all that. Now, we live in Maryland. The USCIS is aware that we live in Maryland. So, do we need to file for divorce under Virginia law or Maryland law? Or, are we only married in Fujisawa, and her Green Card was granted based on a marriage recognized overseas?

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Filed: IR-1/CR-1 Visa Country: China
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Usually file for divorce WHERE YOU ARE A RESIDENT.

For exact info, visit the web portal of the county court for your area.

as for 'where you are married' - you are married worldwide.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
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Filed: Country: Japan
Timeline

Usually file for divorce WHERE YOU ARE A RESIDENT.

For exact info, visit the web portal of the county court for your area.

as for 'where you are married' - you are married worldwide.

Thanks. Your girls are cuties by the way ;)

So, my next question would be, if I live in Maryland, we file for divorce here and she goes back to Japan. Will she need to sue me for alimony according to the laws of Maryland or whatever backwards laws Japan has?

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Usually file for divorce WHERE YOU ARE A RESIDENT.

For exact info, visit the web portal of the county court for your area.

as for 'where you are married' - you are married worldwide.

I had to fly back to Costa Rica and file. I was told by the consulate in NY that a US divorce will not be recognized in Costa Rica. I have a power of attorneyt there in CR to sign for anything that may come up so I don't have to fly back again. IT may be different in Japan but that is what I had to do. I didn't want to spend money on an attorney here only to find out I am not really divorced in Costa Rica.... Plus, I totally avoided the whole translation of documents thing.. ... GOOD LUCK


Married March 9, 2013
NOA1 I-130 April 12, 2013

Transferred to TSC Nov 27, 2013
APPROVED March 18, 2014 FINALLY ! ! ! !! 11 MONTHS & 6 LONG DAYS FOR MY NOA2
Case shipped from TSC to NVC March 21, 2014
Rec'd NOA2 hard copy March 22, 2014
Case rec'd & Case Number assigned April 1, 2014
AMAZING !!!
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Filed: Other Country: China
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Hey, my wife and I got married in Fujisawa, Japan in 2005. Through the visa process, we've used the translated marriage certificate from Fujisawa as our "proof of marriage." We never got married in the US (legally nor ceremonial). We are thinking about getting a divorce, and she wants to go back to Japan. We are wondering where we need to go to accomplish the legal steps of the actual divorce.

So my question is, where are we married? When she immigrated, we lived in Virginia. That's where she got her Green Card and all that. Now, we live in Maryland. The USCIS is aware that we live in Maryland. So, do we need to file for divorce under Virginia law or Maryland law? Or, are we only married in Fujisawa, and her Green Card was granted based on a marriage recognized overseas?

You are married on Earth or any other populated planet. Divorce is filed and granted in the State of residence.


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You need to file a divorce in the state of your residence (Maryland).

When the divorce is final, report it to a nearest Japanese consulate.

In this way, you will be officially divorced in both counties.

How to report a divorce to the consulate general of Japan in the US:

http://www.us.emb-japan.go.jp/j/html/todoke/rikon.htm


Immigration Process (DCF Japan)

08/06/2008 I-130 petition at Tokyo, Japan

08/13/2008 I-130 approved

|

| Waited until we were ready to move back

|

07/13/2009 IV interview at Tokyo, Japan

07/15/2009 IV(IR-1) in hand

Post-DCF

07/29/2009 POE at Las Vegas

08/17/2009 GC(10yrs) received

Click here for the detailed timeline.

Done with USCIS until

- naturalization in May 2012 or

- GC replacement in February 2019

CXmLm7.png

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Filed: Other Country: China
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You need to file a divorce in the state of your residence (Maryland).

When the divorce is final, report it to a nearest Japanese consulate.

In this way, you will be officially divorced in both counties.

How to report a divorce to the consulate general of Japan in the US:

http://www.us.emb-japan.go.jp/j/html/todoke/rikon.htm

Reporting the divorce is optional. It serves as a notification but as married is married, divorced is divorced, everywhere.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Thanks. Your girls are cuties by the way ;)

So, my next question would be, if I live in Maryland, we file for divorce here and she goes back to Japan. Will she need to sue me for alimony according to the laws of Maryland or whatever backwards laws Japan has?

In most states - is 3 stage process -

1. filing

2. hearing

3. divorce granted

these 3 things never on same day.

Alimony can be covered inside of the documents that are filed. If the divorce is not contested, then most details can be covered in that first filing.

If the divorce is contested, then usually requests for alimony are filed prior to the divorce hearing date. There are many variances on what and when, as well.. To 'sue for alimony' is normal in one state, whilst 'alimony request on first filing, or filing doesn't happen' in other state.

These 'things' all vary by state - you really should check in with the county where you live, learn about the ins and outs of the divorce proceedings for your area. For many counties, MOST of that info is on a web portal - others - must go to a courthouse, find the law library, befriend the law librarian there, and do a brain dump from him/her to you. (Yes, that's C O U N T Y, without the R )

Good Luck !


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Reporting the divorce is optional. It serves as a notification but as married is married, divorced is divorced, everywhere.

Reporting to a Japanese consulate is a must if at least one part is a Japanese national and the marriage is registered in Japan.

The website of Consulate of General Japan clearly states that (only in Japanese).


Immigration Process (DCF Japan)

08/06/2008 I-130 petition at Tokyo, Japan

08/13/2008 I-130 approved

|

| Waited until we were ready to move back

|

07/13/2009 IV interview at Tokyo, Japan

07/15/2009 IV(IR-1) in hand

Post-DCF

07/29/2009 POE at Las Vegas

08/17/2009 GC(10yrs) received

Click here for the detailed timeline.

Done with USCIS until

- naturalization in May 2012 or

- GC replacement in February 2019

CXmLm7.png

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Filed: Other Country: China
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Reporting to a Japanese consulate is a must if at least one part is a Japanese national and the marriage is registered in Japan.

The website of Consulate of General Japan clearly states that (only in Japanese).

A must to accomplish what exactly and for whom? The OP here is a US Citizen. When Maryland grants the couple a divorce, he's divorced. He need not report the divorce to any Japanese government agency in order to have it be real or to marry again. His spouse might want to report it for her purposes as she is a Japanese citizen. If she posts a question, this information might be meaningful to her but it makes no difference to a US Citizen.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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as for 'where you are married' - you are married worldwide.

Sorry, this isn't about where to file - but I expect it is just wherever you live at the time although you may have to do something in Japan too, depending on what their laws are - but legally, not all marriages are recognised in every country worldwide. It can depend on the laws of each country whether or not they choose to recognise marriages conducted outside of their territory.

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Filed: Other Country: China
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Sorry, this isn't about where to file - but I expect it is just wherever you live at the time although you may have to do something in Japan too, depending on what their laws are - but legally, not all marriages are recognised in every country worldwide. It can depend on the laws of each country whether or not they choose to recognise marriages conducted outside of their territory.

So, name a country where the marriage in question would not be recognized. While you're at it, let us know what a married couple would need to do in order to live their lives together as a husband and wife in that country, assuming they otherwise individually had permission to remain there.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: Other Country: China
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So, name a country where the marriage in question would not be recognized. While you're at it, let us know what a married couple would need to do in order to live their lives together as a husband and wife in that country, assuming they otherwise individually had permission to remain there.

The assertion is correct in a general sense in that the US, for example would not allow a USC or Green Card holder to petition for a visa for more than ONE current spouse, even if he were legally married to multiple wives in another country and only a limited number of US States or countries would recognize a same gender "marriage".

When one man and one woman marry under the laws of any sovereign nation, they are "married" worldwide. As a practical matter this often only becomes an issue if and when applying to marry or obtain a specific benefit restricted to a legally and lawfully wedded spouse.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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So, name a country where the marriage in question would not be recognized. While you're at it, let us know what a married couple would need to do in order to live their lives together as a husband and wife in that country, assuming they otherwise individually had permission to remain there.

Go argue about it with my law professor. He's the one that told us that. If you jump over a broomstick in Fiji it may be a legal marriage in Fiji but it may not be recognised elsewhere. There are many kinds of 'marriage', not just the ones that come with a piece of paper.

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Filed: Other Country: China
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Go argue about it with my law professor. He's the one that told us that. If you jump over a broomstick in Fiji it may be a legal marriage in Fiji but it may not be recognised elsewhere. There are many kinds of 'marriage', not just the ones that come with a piece of paper.

True but irrelevant, as "the marriage in question" (the one asked about) is the kind that comes with a paper, in this case a piece of paper accepted by the US Consulate and USCIS as sufficient evidence of legal marriage.

Perhaps your law professor taught you the skill of answering the question that suits you rather than the question actually asked?


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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