Matter of B-

Cite as 6 I&N Dec. 522

IN THE MATTER OF B

In VISA PETITION Proceedings

VP 8-14341

Decided by Board February 10, 1955

Marriage -Japan-Necessity of registration.

A religious marriage ceremony in Japan is without legal effect in that country. Under the laws of Japan a marriage is entered into in that country only by the delivery to and acceptance by the Registrar of a notification made by the parties and two witnesses, which notification may be oral or in writing.

BEFORE THE BOARD

Discussion : The petition comes forward on appeal from the order of the District Director, Detroit, Michigan, dated August 25, 1954, denying the visa petition on the ground that the marriage is not considered legal for immigration purposes for the reason that no documentary evidence has been presented to establish that the marriage was registered in accordance with the Japanese Civil Code. The petitioner, a native-born citizen of the United States, seeks non-quota status on behalf of the beneficiary, a native and citizen of Japan. He has submitted a certificate of marriage issued by an ordained minister indicating that the parties were married on December 28, 1953, at Amanuma, Tokyo, Japan. In connection with the appeal the petitioner has indicated that at the time he decided to get married he had only two months left in Japan whereas it took four months to obtain approval of the marriage from the Air Force and that due to lack of time it was impossible for him to register his marriage with the Japanese Government. In order to determine whether the religious marriage constituted a valid marriage in the absence of registration under Japanese law, inquiry was directed to the Department of State which in turn communicated with the American Embassy at Tokyo, Japan. The following is a summary of the information supplied by the Embassy : Article 739 of the Japanese Civil Code provides :

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Cite as 6 I&N Dec. 522

A marriage becomes effective by notification thereof in accordance with the provisions of the Family Registration Law. The notification mentioned must be made by both the parties and two or more witnesses of full age either orally, or by a document signed by them. As enforced, the act of notification consists of acceptance by the Registrar, a government official having custody of official family records, of application by both parties for insertion in the family register of the fact of marriage. Legally, this constitutes the total act of marriage. Although persons planning marriage in Japan may wish to participate in some form of ceremony, this would not be part of the legal process of marriage. A ceremony is neither a prerequisite to nor part of the notification process. The date of marriage is the date on which the entry is made in the Family Register. Where only a ceremony has taken place, and if either party or both decide to end the marital relationship, no divorce or other legal process is required. Notification under Article 739 is not an act of validation, but marriage itself. Therefore, for the marriage in question to be legal, notification under Article 739 would have to take place, regardless of the religious ceremony held in Tokyo in December 1953. As stated in the second paragraph of Article 739, notification must be by both parties, but may be made either orally or by a document signed by them. The document, if the marriage is absentee, contains identifying data and a statement that there is no bar to the declarant's marriage. Article 13 of the Japanese Civil Code provides in part: "as regards the form [of marriage] , the law of the place of celebration of the marriage governs." However, since there has been no marriage under Japanese law in satisfaction of Article 13, Article 14, which provides that the effect of a marriage is determined by the law of the home country of the husband, can have no force inasmuch as the term "effect of a marriage" relates to acts subsequent to marriage, such as divorce, inheritance, legitimation, etc.

Under the law and facts involved in the instant situation, it appears that a valid marriage has not been achieved under the law of Japan, the place of the celebration of the marriage. Accordingly, the petitioner and the beneficiary cannot be regarded as legally married so as to confer nonquota status upon the beneficiary. At the present time it becomes necessary to deny the visa petition. Should the parties adjust their marital status by a proper registration of their marriage in accordance with Japanese law a new visa petition may then be filed. Order: It is ordered that the appeal be and the same is hereby dismissed.

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