Where did you marry in the first place?

[gumpy 0]

I sort of got into this in another thread in another section of the forum as an afterthought, but since it has quickly gone down the list, and this forum section seems more applicable, just wanted to ask. Short version - because my fiance still has business responsibilities in Japan for the next 1-3 years, we are seriously considering getting married and having her return to Japan without filing for any sort of immigration (i.e. she would come just for the term of a tourist visa, during which we would marry, and she'd go home without trying to do ANY sort of immigration filing - she doesn't have a visa to actually live here now). She was previously here on a work visa, so in retrospect it would have probably been easier to deal with this then, but... anyway, is it OK to marry on a tourist visa if you have every single law abiding intention to return to your home country without attempting to immigrate yet? We've been together for a long time, and even though she still has a couple years left to be free to actually move to the USA, we are ready to tie the knot. I just worry that there is something arcane in immigration law that I don't know about:

1. IS it OK to marry on a tourist visa if you go home? I know japanese couples get married here on a daily basis and go home, but obviously neither of them are US citizens - does me being a USC screw that up?

2. Will the way we are going about this affect the future K3 application?

3. If she changes her name in Japan (and thus her Japanese passport) to my surname, could she get rejected from entering the country for whatever reason? (if they think she is trying to illegally immigrate or something ridiculous like that)?

Basically, this is the best for us, but god knows what the heck uncle sam will think about it. I look forward to any input or experiences whatsoever. I'm planning on a consult with an immigration lawyer, but I'm too busy over the next couple weeks, so I really appreciate any peace of mind or reality checks anyone here can afford me. Everyone here is so helpful, I really appreciate it. I'll post the results when I talk to the lawyer as well.

THANKS!

Edited November 12, 2008 by gumpy

[Reba 2]

1. IS it OK to marry on a tourist visa if you go home? I know japanese couples get married here on a daily basis and go home, but obviously neither of them are US citizens - does me being a USC screw that up?

yes, it is ok for her to visit the US and get married and leave. If she tells them at the POE however that she is coming to get married to her American partner, they may deny her entry though. She will need to carry with her LOTS of evidence that she will be returning to Japan after you're married

2. Will the way we are going about this affect the future K3 application?

No.

3. If she changes her name in Japan (and thus her Japanese passport) to my surname, could she get rejected from entering the country for whatever reason? (if they think she is trying to illegally immigrate or something ridiculous like that)?

The name on her passport should not affect future visits. The same rule applies however as always, she will need to show ties to home country to prove that she is not intending to enter the country with intent to stay illegally.

[pushbrk 13,221]

1. IS it OK to marry on a tourist visa if you go home? I know japanese couples get married here on a daily basis and go home, but obviously neither of them are US citizens - does me being a USC screw that up?

yes, it is ok for her to visit the US and get married and leave. If she tells them at the POE however that she is coming to get married to her American partner, they may deny her entry though. She will need to carry with her LOTS of evidence that she will be returning to Japan after you're married

2. Will the way we are going about this affect the future K3 application?

No.

3. If she changes her name in Japan (and thus her Japanese passport) to my surname, could she get rejected from entering the country for whatever reason? (if they think she is trying to illegally immigrate or something ridiculous like that)?

The name on her passport should not affect future visits. The same rule applies however as always, she will need to show ties to home country to prove that she is not intending to enter the country with intent to stay illegally.

I think the name in her passport could well prompt additional question for future visits, particularly if it is not a Japanese name. I always advice the foreigner to use truthful generic answers to questions about the purpose of their visit. A wedding is not the only item on her itinerary and visiting her husband won't be the only item on future itineraries. Visiting family and friends or simply "holiday" or "vacation" are truthful answers that don't offer unnecessary information.

[Frenchwife 1]

why would she change her name on the passport. I have been married for 3 years and have not changed my passport. Is it a Japanese rule? Of course if I get a new passport I maybe will have to use my husband's name.

The place you marry matter for the K3 visa I think. Do not get marry for example during a holiday in France or Kenya (examples...) it will oblige her to come back there for her interviews I think.

after marrying when coming back to the US before being granted visa she will need to have absolute proofs she intends to return to Japan

If she gets no question no problem

if she gets questions, have the proofs

Having changed name on passport will probably raise questions.

But in any case better have proofs (employment letters etc...)

[gumpy 0]

why would she change her name on the passport. I have been married for 3 years and have not changed my passport. Is it a Japanese rule? Of course if I get a new passport I maybe will have to use my husband's name.

It's personal choice, just like anywhere else, I assume.

Thanks, I appreciate the answers.