Question Regarding Eligibility for Spousal Visa

[melissaroo 4]

Hello everyone! New member to the forums here. I have a question regarding the eligibility requirements to apply for a spousal visa (IR-1/CR-1).

 

My fiancé and I are planning to get married in the next couple months. I'm a U.S. citizen (and currently living in the U.S.); he's a Brazilian who currently holds a Japanese permanent visa, and he currently resides in Japan. We planning to get married in Japan in the city where he resides (and where I used to reside for a few years).

 

In the visa guide, it states that "If a couple wishes to pursue this visa they must be legally married (or get married before starting the process). The couple may have previously been married either outside or within the US (the location does not matter as long as the marriage was officially recognized in the location in which it occurred)." We understand what we both need to do in order to legally marry in Japan, but my question is, does the marriage need to be officially recognized in both Japan and his home country?

 

I know that on my side, all I need to do is file the marriage paperwork with the required documentation (i.e., passport and an affidavit notarized at the U.S. Embassy or Consulate in Japan that states I'm single and eligible to marry) at city hall--and that's it. I don't have to do anything afterward. But for my fiancé, it's a little different. Like me, he needs to get an affidavit notarized at the Brazilian Embassy or Consulate in Japan that states he's single and eligible to marry, and then, he has to file the marriage paperwork with me at city hall. But after that, he needs to go back to the Brazilian Embassy or Consulate and submit additional paperwork in order for our marriage to be officially recognized in Brazil. So, even though our marriage would be officially recognized in Japan once the marriage paperwork is filed, it wouldn't be officially recognized in Brazil until the additional paperwork is submitted to and approved by the Brazilian Embassy or Consulate.

 

So, would our marriage need to be officially recognized in both Japan and Brazil before we can start applying for the spousal visa? Or would we be able to start applying for the spousal visa as long as our marriage is officially recognized in Japan at least?

 

 

(P.S. I hope this is the right forum to post this in! If it's not, my apologies! If I'm posting this in the wrong forum and a moderator or someone else can move it to the appropriate forum, I'd appreciate it!)

[milimelo 4,194]

Just Japan official marriage certificate is enough. 

[dwheels76 5,459]

As long as it's a legal marriage and you have marriage certificate that's all you need to do. Remember you are appeasing US Immigration no one else.

[Crazy Cat 39,218]

Legal in the place where the marriage is performed.

[pushbrk 12,106]

Married is married.  It really is that simple unless it's plural marriage.  Read carefully, interpret literally and answer directly and accurately.  Do not read things in that aren't there.

[melissaroo 4]

Thank you for the confirmation as well as advice, everyone! I appreciate it!

[JFH 12,189]

It doesn’t need to be recognized in Brazil. Neither of you is planning to live there so the rules there don’t count for this process. The US will recognize your marriage and that’s all that counts.