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Not living in Japan, but America

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Not living in Japan, but America

Postby Seant018 » Fri 01.04.2008 4:20 pm

Poof
Last edited by Seant018 on Fri 01.13.2017 8:53 am, edited 1 time in total.
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RE: Not living in Japan, but America

Postby LeMichaels » Fri 01.04.2008 4:46 pm

I have a small background with a similar situation. My sister received her Masters in England and ended up getting married after she graduated. The problem with the U.S. is that even after you're married, the foreigner can NOT work until after 90 days (if I remember correctly). This is why, in my sister's case, she moved to England where she could start immediately (or after a much shorter time). I know she had a very hard time locating this information. I would suggest searching for marriage licenses in the U.S. on google and maybe contact your local court.

As far as Visas go, I can't be of any help. Sorry.
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RE: Not living in Japan, but America

Postby Chris Hart » Fri 01.04.2008 4:53 pm

AFIK, a non-citizen marrying a citizen does not automatically change the citizenship of an individual, although it does allow for residency. So, AFIK, if you and her get married, you gain residency permission in Japan, and she gains residency permission in the US.

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RE: Not living in Japan, but America

Postby Seant018 » Fri 01.04.2008 5:07 pm

Let me see if I understand this.

Her visa's grace period expires in roughly 40 days. If she were to come back and we got married, would she be able to begin living with me as soon as we were married?

And you said if we got married, she couldn't work till 60 days after getting married?
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RE: Not living in Japan, but America

Postby LeMichaels » Fri 01.04.2008 5:52 pm

I found some better answers for you. Check out this site: http://faq.visapro.com/Marriage-US-Citizen-FAQ.asp

And the processing time for a work permit after marriage is typically 30-90 days. Considering how slow the U.S. Gov is...I'd bet on 90 days.

Hope this helps! :D
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RE: Not living in Japan, but America

Postby Seant018 » Fri 01.04.2008 6:27 pm

How can I stay in the U.S. and await my Green Card after marrying my permanent resident fiance?

You may stay in the U.S. while awaiting your Green Card after marrying your permanent resident fiance only if you have a nonimmigrant visa that is valid throughout the waiting period.



Does this mean unless she has a visa allowing her to stay, she has to leave untill her Green Card is finalized??? Because it said it can take 12-18 months :S

Man this is horrible, I don't even know what to do :( I know we both want to get married eventually but I don't know if we should so soon. I just don't think I can surive such a long amount of time apart, and she already voiced her fears of having to limit our communication because of the time difference.

I know some people would say our relationship isn't meant to be if we can't handle this time apart, but a year apart with very limited time to talk is hard for anybody.
Last edited by Seant018 on Fri 01.04.2008 6:28 pm, edited 1 time in total.
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RE: Not living in Japan, but America

Postby Dehitay » Fri 01.04.2008 7:13 pm

Permanent resident isn't necessarily the same thing as citizen. Make sure that clause actually applies to you. I have always heard that as long as you're married to a US citizen, you have the right to stay in the country. Also, I don't think your parter would even get citizenship just because she married you so she wouldn't have an immediate problem with her Japanese citizenship.

On a side note, if you can afford it, I think going for a second degree till you're sure about getting married would be the better option.
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RE: Not living in Japan, but America

Postby LeMichaels » Fri 01.04.2008 7:18 pm

She can stay illegally. My dad married a foreigner and she stayed here illegally until the green card came through. Technically I think she can claim to be here for an extended vacation and that will work. Otherwise, yes, she is supposed to have a visa while she is waiting for the green card. This is why it's so hard to immigrate to the U.S. Good luck with everything!
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RE: Not living in Japan, but America

Postby Wakannai » Fri 01.04.2008 9:12 pm

I really don't recommend getting married to fill a legal loophole. Don't get married to give her residency. Get married because you want to be married, now, not because you think you might want to marry eventually.
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RE: Not living in Japan, but America

Postby askeladd » Fri 01.04.2008 10:51 pm

Why not work on a master's? I agree with the others: getting married just to skirt immigration laws is not only foolish, it's illegal. Even if you were to get married so she could get residency (green card), it would only be a provisional green card since you would be married less than 2 years. After two years she could petition to have it changed to a "permanent" green card - of course, one of the things the immigration officer would check for in your/her interview would be to see if you really are living together and not getting married merely for the sake of getting a green card.

This does not constitute legal advice, but I do have some familiarity with this type of situation - dh is (now) a resident alien :D.
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RE: Not living in Japan, but America

Postby Mike Cash » Sat 01.05.2008 12:55 am

Seant018 wrote:

If we aren't able to resolve this, I don't know if our relationship will work. I know you would think that if we really love each other, we can survive this time apart, but it isn't that easy :( With a 15 hour time difference, it makes communication very hard.


Do you know how incredibly immature that sounds? And how very strongly it states the case that the best thing you two can do is go your separate ways?
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RE: Not living in Japan, but America

Postby Seant018 » Sat 01.05.2008 11:36 am

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RE: Not living in Japan, but America

Postby keatonatron » Sat 01.05.2008 11:47 am

Seant018 wrote:
That is the stress I am talking about. Of course, she could get a job that she can get to in 30 minutes, giving her a chance to email me in the morning, and giving us more of a chance to talk when I wake up.


The great thing about e-mail is that the other person can be sleeping, working, or doing whatever when you send it. It works for YOUR schedule. So, she goes to work and finds time to write you at lunch. You read it when you get home from school, write a nice reply and go to sleep. She gets home to find your reply--what a nice way to end the day. She replies and goes to sleep. You wake up to find her reply--what a nice way to start the day! You write back, and when she wakes up, your reply is there waiting for her...

Believe me, if you really love each other it's not at all impossible. I knew a girl who communicated with her future husband only through e-mail and the occasional phone calls for 2 or 3 years before getting married!

And best of all, if you are away for one whole year and STILL want to get married after all that, you can be sure your feelings are the real deal. If, God forbid, after 3 months you start to forget her or become interested in someone else, it's probably for the best that you didn't get married.
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RE: Not living in Japan, but America

Postby Mike Cash » Sat 01.05.2008 12:17 pm

My arrogance consists of pointing out your failing to see the immaturity of logic which boils down to, "Gosh, we'd better get married now because if we're apart for a whole year it's so hard to remain in love and we might not get married at all then." Unlike you, I have no emotional investment in your relationship and therefore have the benefit of something proximity denies to you.....objectivity.

If the end result of a year's separation is that you would drift apart to the point that the relationship would either end or cool to the point that marriage is no longer likely, then what does that say about the strength of the connection being strong enough upon which to base a marriage NOW?

See?

And for what it's worth, I've been involved in a marriage resulting from eerily similar circumstances to your own. Coming up on our 22nd anniversary about a week from now. And in all frankness and candor if I had had the good sense God gave a grapefruit back then and had the benefit of the wisdom that all too often only comes with hindsight, I never would have done it.

You don't know.....can't possibly know.....1/10 of what you're letting yourself in for. And you're doing it on a shaky foundation to boot.
Last edited by Mike Cash on Sat 01.05.2008 12:19 pm, edited 1 time in total.
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RE: Not living in Japan, but America

Postby Kagemaru » Sat 01.05.2008 2:55 pm

Surely when you first got together you saw this time arriving.

In saying this, it doesn't help your cause in the least however, being so quick to shoot down others very valid arguments from (as Mike stated) an objective viewpoint, only seems to me you are love blind as the term is coined I believe.

Therefore, being as in love as you say you are, I never read you in your posts the possibility of dropping what you are doing, going to Japan on a working holiday visa, marrying her in Japan after a year (be it that want you want), returning together to complete your education whilst simultaneously allowing your girlfriend to achieve the level of English she desires, finally returning to Japan to settle.

Being so in love by your account, what is 2-3 years in the grand scheme of things?

It seems to me you want to keep your dog fed and your pie intact.
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