DEPARTMENT OF THE AIR FORCE PACIFIC AIR FORCES 1 Jun 04 MEMORANDUM FOR MARRIAGE APPLICANT FROM: 35 FW/JA SUBJECT: Marriage Checklist for US Citizen and Japanese National 1. All persons who desire to marry in Japan must do so in accordance with AFI 36-2609 as well as the applicable marriage laws of the government of Japan. WARNING: There are specific instructions for Navy, Marines and Army members. 2. The first step that must be taken to marry a foreign national in Japan is to contact your Unit Security Manager (USM) to determine if a premarital investigation must be completed in accordance with AFI 31501. 3. Medical Examination: Prior to granting authorization to marry, a medical examination will be required of the fiancé or fiancée and all dependents who will actually be residing with the prospective spouse, who intend to seek admission to the United States. The examination may be administered at either a US Public Health Service office or a US Forces Medical Facility and will be of sufficient scope and thoroughness to detect mental or physical illness or conditions as described in AFI 36-2609, paragraph 4.1. You’ll need to stop by the Tricare office. They’ll input the demographic data of your fiancé/fiancée. Report to Public Health during walk-in hours to initiate the examination. Public Health can be reached at 226-6130. 4. In addition, the following documents must be in your possession to process your request for marriage: a. Proof of Citizenship: The U.S. citizen must possess either a birth certificate bearing both the raised seal impression or multi-colored seal and proper certification of the issuing authority, a valid U.S. Passport or a naturalization certificate. b. Proof of Termination of Previous Marriage(s): If previously married, you must provide documents verifying dissolution of all previous marriages, such as divorce, annulment, or death. The documents must have a raised seal impression and proper certification of the issuing authority. c. Family Register (Koseki Tohon): The Japanese national must provide a certified copy of their family register (Koseki Tohon) or its extract (Koseki Shohon) to show they are of age. If the family register is at Misawa, you need not provide these documents. 5. Receive pre-marriage counseling from 35 FW/JA. Call 226-4022 for an appointment. 6. Once the applicable items listed above have been completed, bring the documentation along with PACAF Form 80 to your unit commander for his/her final action. 7. Create a Single Affidavit, examples are attached below. You must sign the Single Affidavit at the legal office in front of a notary. 8. Bring the Single Affidavit, Proof of Citizenship and Proof of Termination of Previous Marriage (if applicable) to one of the off-base translators attached below. The translators will translate your documents and help you fill out a Marriage Registration Form. 9. Bring all the documents to City Hall, map attached below. You will need 1,400 yen for registration of the marriage with Misawa City and for a marriage certificate. 10. After your marriage has been finalized, please return to the MPF Customer Service Section. Your personnel records will be updated to reflect your change in marriage status. In addition, your spouse will be issued a new Identification Card. 11. Pick up a Command Sponsorship Guide and complete it according to the instructions. Once the command sponsorship package has been approved, you must visit the passport office and request a change in status for your spouse. Failure to do so could result in stiff fines from the Japanese Government. 12. As soon as possible after marriage, your foreign spouse should apply for a U.S. Immigrant Visa. Don’t wait until you have an assignment as the processing times can vary from 60 days to 6 months. Call the passport section at 226-3121 to set up an appointment. KEIKO.TAKAHASHI Military Personnel Flight INSTRUCTIONS FOR AFFIDAVIT FOR US CITIZEN MARRYING A NON-US CITIZEN 1. The full legal name (to include full middle name) of the applicant. 2. The full legal name of your father as it appears on birth certificate. If adopted, include full legal name as it appears on an adoption certificate. If the full name of father is unknown, exclude this line. 3. Same as 2. (using mother’s full married name) 4. Home address in the States 5. Date Month Year 6. City, State 7. If you are military member, include branch of service with pay grade U.S. Air Force (E-4), U.S. Navy (E-6), U.S. Army (E-5), …etc. If you are government employee, include type of employment Example Civilian Contractor or DoDDs employee 8. Examples of accepted evidence of citizenship are Birth Certificate, U.S. Passport No., and Naturalization Certificate. 9. Local mailing address (military post box) 10. Do not sign yet, sign at the legal office. 11. If you have not been divorced, choose 11a. If you have been divorced choose 11b. If either or both parties have been divorced: 12. The full legal name of your former husband / wife as it appears on divorce decree 14. Name of the court as it appears on divorce decree 15. Name of county as it appears on divorce decree 16. Name of city or town as it appears on divorce decree 17. Name of state as it appears on divorce decree SERVING WITH THE UNITED) STATES ARMED FORCES AT ) MISAWA AIR BASE, JAPAN ) AFFIDAVIT OF: 1. Bride or Groom Declarants: 1. , the Xst son / daughter of 2. United States of America. and 3. , citizens of the Legal Address: 4. Date of Birth : 5. Place of Birth : 6. Occupation : 7. Evidence of Citizenship: 8. Local Address: 9. I, the above-named 1. being duly sworn, do declare that according to the laws of my State, I am of legal marriageable age, (11a. that I have not been married before)(11b. that I have not been married before,*) and that there is no hindrance, legal or otherwise, to my uniting this day in marriage in Misawa-shi, Aomori-ken, Japan. 10.____ 1. ___ Subscribed and sworn to before me this ____ day of ____________, ______. __________________________________________ *I, 1. , was divorced on 12. from 13. in the 14. for 15., 16., 17. SERVING WITH THE UNITED) STATES ARMED FORCES AT ) MISAWA AIR BASE, JAPAN ) AFFIDAVIT OF: John Thomas Smith Declarant: John Thomas Smith, the 1st son of David Thomas Smith and Linda Ann Smith, citizens of the United States of America. Legal Address: 5479 James St., Tacoma, Washington 98460 Date of Birth : 27 August 1975 Place of Birth : Tacoma, Washington Occupation : U.S. Air Force (E-4) Evidence of Citizenship: Birth Certificate Local Address: PSC 76 Box 6734, APO AP 96319-0050, Misawa Air Base, Japan I, the above-named John Thomas Smith being duly sworn, do declare that according to the laws of my State, I am of legal marriageable age, that I have not been married before, and that there is no hindrance, legal or otherwise, to my uniting this day in marriage in Misawa-shi, Aomori-ken, Japan. __________________________________________ JOHN THOMAS SMITIH Subscribed and sworn to before me this ____ day of __________, _______. __________________________________________ * I, John Thomas Smith, was divorced on 21 September 1995 from Mary Ann Smith in the District Court for King County, Seattle, Washington. 1 JAPANESE TRANSLATORS Tabata, Keiichi 8-104-24, Okamisawa, Misawa-shi, Aomori-ken 033-0021 Telephone: 53-5329 Fax: 53-5373 Tomita, Masako 2-1-47, Uchimaru, Hachinohe-shi, Aomori-ken 0314-0075 Telephone: 0178-44-7409 E-mail: tomitas@htv-net.ne.jp 2 JAPANESE ATTORNEYS (in AOMORI PREFECTURE) Ohsawa, Kazumi (Translator Needed) Ohsawa Law Office, 5-13-17 Nejo, Hachinohe-shi, Aomori-ken Telephone: 0178-46-1157 Specialty: Civil and Criminal Law Nakamura, Tokusaburo (Translator Needed) Nakamura Law Office, 12-16, Nejo 5-chome, Hachinohe-shi, Aomori-ken Telephone: 0178-22-1718 Fax: 0178-22-1725 Specialty: Civil and Criminal Law Ishibashi, Tadao (Fluent English) Ishibashi Law Office 9th Floor Sumitomo Seimei Bldg, 1-2-20, Honcho, Aomori City 030 Telephone: 0177-75-2130 Fax: 0177-75-2282 Specialty: Criminal, Family, Estate, Commercial, Labor, Personal Injury, & Immigration law U.S. EMBASSY/CONSULATE GENERAL (Passport, *Visa, Immigration, Birth Registration, and Notary Services) U.S. Department of State U.S. Embassy Tokyo – Consular Section APO AP 96337-5004 Telephone (DSN): 224-5000; Fax (DSN): 224-5856; or Commercial: 81-3-3224-5000 Web Site: usembassy.state.gov/tokyo *Only the embassy can provide Immigrant Visas U.S. Consulate General – Sapporo Unit 45004, Box 276 APO AP 96337-0003 Telephone: 011-641-1115 Fax: 011-643-1283 1 DISCLAIMER - the 35th Fighter Wing Legal Office provides the name of these translators as a service to help U.S. servicemembers find translating services. No guarantee of services or official endorsement intended. 2 DISCLAIMER - These attorneys were listed by the U.S. Consulate General’s Office (Sapporo) and are not intended as an official endorsement of their services by the U.S. Consulate General or by the 35 th FW Legal Office. DEPARTMENT OF THE AIR FORCE PACIFIC AIR FORCES 01 Mar 04 MEMORANDUM FOR INDIVIDUAL GETTING MARRIED FROM: 35 MSS/DPMPS SUBJECT: How Your Marriage Fits into the Military 1. Congratulations on your marriage. The following information is provided to inform you about rights, entitlements and responsibilities that have changed in relation to the Air Force as a result of your marriage. a. VIRTUAL RECORD OF EMERGENCY DATA (vRED): This is the only document the Air Force has on file that gives a current address of your spouse and children. Each time they relocate you must update the address on the vMPF. You also must actually update the form upon birth or death of any family member. For birth of a child, you must first go to MPF, Customer Service and enroll the child in DEERS. This form is used to locate your next-of-kin if you are involved in an accident or become deceased. b. SERVICEMEMBER’S GROUP LIFE INSURANCE (SGLI) SGLV-8286: This is the official form on which you can designate your beneficiary to receive up to $250,000 of life insurance. You may elect to cover yourself for less than the full coverage but all personnel are encouraged to take complete advantage of this low cost insurance coverage. You must change the form upon birth or death of any family member. Electing a reduced or no insurance could cause financial burden on your family in the event of your untimely death. Think ahead and always keep your SGLI updated with current beneficiaries. Completion of the SGLV-8286A, Family Member Servicemember’s Group Life Insurance Election is required if you do not want your spouse and/or children covered under the family member SGLI program. c. COMMAND SPONSORSHIP: Contact the Personnel Employments Element (35MSS/DPMAE) to initiate your command sponsorship request. Failure to do so may result in you having to pay for your dependents’ tickets to go to the US as well as having a reduced weight allowance for both your Unaccompanied Baggage and Household Goods. Personnel Employments can be contacted at 226-4780. d. TRICARE: This is a health care and dental care program that covers health and dental expenses for your family when base services are not available. Make an appointment with the TRICARE office at the hospital so you will understand the program before you have to use it. TRICARE personnel can be contacted at 226-6001. e. IDENTIFICATION CARDS (DEERS ENROLLMENT): As a dependent, your spouse is entitled to a military dependent identification (ID) card. You must bring your marriage certificate to add/update your spouse into DEERS prior to the card being issued. Ensure your spouse brings proof of ID with his/her social security account number (SSAN) or individual taxpayer identification number (ITIN), as applicable, for ID card issuance. Additionally, if there are any children being added to the union you must bring in a copy of their birth certificate to add them to DEERS and ID card issuance, if eligible. f. NATURALIZATION: If you are married to a foreign national you must get them a passport from their country. Just because they have married an American does not make them an American. If your foreign born spouse decides he or she would like to become an American citizen they must apply for naturalization. Keep in mind, if you travel to other countries with your spouse you must check with the appropriate Embassy or Consulate to determine what the entry requirements are for that country. For assistance with these actions you should contact the passport agent at ext 226-3121 or the US Embassy. g. LEGAL ASSISTANCE: If you have a will get it updated, if you do not have a will have one prepared. The legal office has a simple system for completing your will; by all means use it to the full extent possible, these services as well as others are free of charge. Having a will can save a lot of confusion at the time of your death. If you have children it can protect their interest in the event of the death of both you and your spouse. Air Force Legal Office personnel can be contacted at 226-4022. h. PERSONAL DOCUMENTS: Explain to your spouse the need for keeping important documents such as birth records, marriage certificates, divorce papers, wills, passports, etc., in a safe place and readily available. A first time passport and immigrant visa normally can’t be applied for without these documents. The same rule applies when filing claims in the event of death of your spouse. Immediate access is essential to preclude delays. i. AMERICAN RED CROSS: Explain to your family members the purpose of the Red Cross and how the Red Cross system can help you and them in the event of an emergency. Always provide a current copy of your PCS orders to your spouse, your parents, and your spouse’s parents. Red Cross personnel can be contacted at 226-3016. j. FAMILY SERVICES: Family Services is a volunteer organization that offers support to our military community in the way of referrals, loan closet and information on other base services. The Family Services office is manned by volunteers – “Families helping other military families.” If your spouse would like to get involved just stop by the Family Services office and let them know. Family Services personnel can be contacted at 226-3666. 2. Direct any questions to the MPF Customer Service element, at 226-3962, or by calling any base agency listed in this letter. L. D. MOORE, MSgt, USAF Chief, MPF Customer Service PREVENTIVE LAW SERIES Legal Assistance Program TOPIC: MARRIAGE AT MISAWA 14 April 2003 If you have questions concerning the topic of this pamphlet, please contact the Legal Assistance Office Legal Assistance Office Phone: 226-4022 Office of the Staff Judge Advocate Misawa AB, Japan MARRIAGE AT MISAWA 1. All persons who desire to get married in Japan must do so in accordance with their applicable service directives (for Air Force, AFI 36-2906) as well as form and formality of Japan. WARNING: There are specific instructions for Navy, Marines and Army members. Japanese marriages do not require a religious ceremony and is a matter of filing paperwork. If you would like to have a ceremony the Base Chaplains are available to help you. However, such a service does not constitute a legal marriage under Japanese law, and is separate and apart from the civil requirements. City Hall marries you, the legal office does not. You are legally married when your marriage is turned into the Registration Department of the Misawa City Hall. Documents you will need to provide are: a. Proof of Capacity to Marry: To show that you are of age, you are required to produce a birth certificate (one bearing a raised seal impression or multi-colored seal with proper certification of the issuing authority, i.e.; Hospital, State Registrar, Director of State Public Health Department, City or County Records Custodian, etc.3), a valid U.S. passport or naturalization certificate in case of a naturalized citizen or a certificate of citizenship if you were born overseas. Non-US citizens: If you are marrying a Japanese national, the Japanese national will need to provide a certified copy of their family register (Koseki Tohon) or its extract (Koseki Shohon) to show they are of age. If your documents are already registered in Misawa, you need not provide these documents. For other non-U.S. citizens, they will also need to provide a valid passport or a document usually from their Embassy that they have the capacity to marry. b. Parental Consent: If you have not attained the age of 18 (19 for Nebraskans), you are required to obtain written consent from both your parents or legal guardian. If you are a Japanese national and under the age of 20 you are required to obtain parental consent. For other nationals contact your Embassy. c. Proof of Termination of Previous Marriage: Documents verifying dissolution of all previous marriages, such as divorce, annulment, etc. must bear the raised seal impression of the court and proper certification by the issuing court clerk. 3. Under AFI 36-2906, if you are a military member and are planning on marrying a non-U.S. citizen such as a Japanese national, there are additional requirements you must follow: a. Security Check: If you are marrying a non-U.S. citizen, a background investigation may need to be conducted before such a marriage is approved. Contact your Unit Security Manager. Since it takes two months to one year (maybe longer) for some foreign nationals, plan ahead and request the investigation well in advance through the Customer Service Section in the MPF. If you are marrying another U.S. citizen, you do not need to contact your Unit Security Manager. 3 You should note that the Legal Office cannot certify any vital statistics records such as birth, death, or marriage certificates, or divorce decrees. They must be obtained from the original city or county registrar’s office or court clerk’s office. b. Pre-marital Counseling: If you are marrying a non-U.S. citizen, you need to receive premarital counseling on the U.S. Immigration and Nationality Laws from a Legal Assistance Officer of the Base Legal Office, which will be documented by a letter indicating such counseling was performed. If you are marrying another U.S. citizen, you do not need pre-marital counseling though recommended. c. Pre-Marital Medical Examination: U.S. citizens: no medical requirements. Non-U.S. citizens: A medical examination is required for your fiancé/fiancée and for members of their family who will actually reside with you after marriage and intend to seek admission to the U.S. Procedure: You’ll need to stop by the Tricare office first. They’ll input the demographic data of your fiancé/fiancée into the hospital computer system. Next, report to Public Health (walk-in times are M-F, 1300-1500) to initiate the process. You’ll receive instructions from there. You may address medical questions to Public Health at 226-6130. d. PACAF Form 80: After steps a through c above, show your commander that you have gone through the steps above, and have your commander approve your marriage using PACAF Form 80. If you are marrying another U.S. citizen, you do not need PACAF Form 80. Approval authority for marriage in the Air Force is delegated to the member’s squadron commander. Those other than Air Force personnel must comply with their own service’s requirements (for example, a Navy member must obtain final authorization to marry from the Officer in Charge, U.S. Navy Personnel Support Activity Detachment, Misawa). 4. After you have obtained your documents, contact an off-base translator to have your marriage documents translated. You will need the Joint Affidavit or Single Affidavit, and the Proof of Capacity to Marry translated, and fill out the Marriage Registration Form (Kon-in Todoke). Who Can Translate: Any Japanese national can translate the Affidavits, the Proof of Capacity to Marry and fill out the Marriage Registration Form. A list of translators who will translate your documents for a fee is also available at the legal office. You may also enlist the aid of a volunteer or a friend. If your spouse is a Japanese national the Japanese national may also translate the documents. There is a 1400 yen filing fee for the Misawa City Hall that must be submitted at the time of your marriage. 5. The Affidavit and Proof of Capacity to Marry, the Japanese translations and the Marriage Registration Form will be processed to the Registration Department of the Misawa City Hall for registration of your marriage. A certificate of Acceptance of Marriage Notification (Kon-in Todoke Juri Shomeisho) will be issued in the name of the Mayor of Misawa City in Japanese. This will also have to be translated. Please see above for who can translate. IMPORTANT! The Misawa City Hall maintains a permanent record of all marriages concluded at that office. No record of marriage is retained by the U.S. Government! Therefore, American citizens should be careful to retain the address of the office where they registered their marriage for future reference. Always keep the originals in your possession. If you need to obtain copies of your Japanese Marriage Certificate, you will need to go to Misawa City Hall to get certified copies. Air Force Instructions prevent the Legal Office from obtaining certified copies of Japanese Marriage Certificates for you. It is recommended that you have the following information when requesting a copy of your marriage certificate, date of marriage, you and your spouse’s full name, your wife’s maiden name, nationalities, and the names of witnesses. You may also write them at the following address: MISAWA CITY HALL Attn: Registration Office 1-1-38, Sakura-cho, Misawa-shi Aomori-Ken 033-8666 Japan You can also call them at: 011-81-0176-53-5111 (fax # is 011-81-0176-53-5111) There is a fee based on the number of copies you need. Currently the fee is 1400 yen for each copy. Misawa City Hall will only accept Yen. Marriages legally performed and valid in a foreign country are also legally valid in the United States. A marriage certificate properly issued in a foreign country is considered proof of that marriage. You don't need to do anything else. 6. Once your marriage process is completed, return to MPF Customer Service to update your personnel records. This is to reflect the change in your marital status, your spouse’s name change, new ID card application, etc. 7. If you married a non-U.S. citizen, you are encouraged to start the process of getting a Visa to visit the United States, getting a passport and naturalization as this takes a very long time. a. Visiting the U.S.: If you and your Japanese spouse wish to simply visit the U.S. for no more than 90 days, generally no visa is required. Visitor visas may be required by other non-U.S. citizen spouses. b. Living in the U.S: To live in the U.S., your non-U.S. citizen spouse needs an immigrant visa (also known as a "green card" [the old ID cards used to be printed on green paper], or "legal permanent residence" [LPR]). This visa is also known by its numbered designator, IR-1 or CR-1. Use IR-1 if you have been married for more than two years. Use CR-1 if you have been married for less than two years as of the day you file the petition. The requirement that your spouse have an immigrant visa to live in the U.S. applies to all nonU.S. citizens, including Japanese citizens. A foreign spouse has no automatic right to a U.S. visa, entry or residence. Though we'll talk only about spouses here, the same procedures and rules also apply to the parents and children (under 21) of U.S. Citizens. An immigrant visa allows your spouse to live, work or study in the U.S. indefinitely. Entering the U.S. with an immigrant visa and establishing a residence there is the first step toward naturalization (when your spouse can become a U.S. citizen). Obtaining this visa involves a series of steps, culminating in an interview at the U.S. Embassy in Tokyo. Because the immigrant visa process can take as long as four to six months from start to finish, it is important to begin early and to not make firm travel plans until your spouse's visa is actually in hand. Processing will likely take longer if your spouse is not Japanese but is applying for a visa in Japan. Immigration procedures start when you, the U.S. citizen spouse, file an immigrant petition (I130) for your foreign spouse. Since the I-130 does not expire, we urge couples to start as soon as possible after their marriage, even if you do not have any immediate plans to live in America. 8. You may also visit the U.S. Embassy website at http://usembassy.state.gov/tokyo/wwwhacs7114a.html or the Passport Section at MPF for immigration questions. Capt Minami 14 April 2003 THE INFORMATION CONTAINED IN THIS PAMPHLET IS OF A GENERAL NATURE AND IS PROVIDED FOR YOUR ASSISTANCE AND CONVENIENCE. IT IS NOT INTENDED AS LEGAL ADVICE AND IS NOT A SUBSTITUTE FOR LEGAL COUNSEL. IF YOU HAVE ANY QUESTIONS AS TO HOW THE LAW IN THIS AREA AFFECTS YOU OR YOUR LEGAL RIGHTS, CONTACT A CIVILIAN ATTORNEY OR THE MISAWA AIR BASE LEGAL OFFICE FOR AN APPOINTMENT WITH A LEGAL ASSISTANCE ATTORNEY.