COE for American spouse

I have a question that I hope somebody can answer. I am an American, married to a Nisei long-term resident of Japan. We have been living apart for almost two years while I waited for my daughter (from previous marriage) to finish high school. She is settled at university and intends to stay in the U.S.

We got married in Mie Prefecture almost two years ago. Our marriage certificate is Japanese. I have been using the original plus a certified translation to change to my married name on all official US “things” like my bank account, passport, SS card, etc. That’s all official and I have had my married name for over a year now. I have been to Japan many times and entered on my married name at least once.

We planned for me to move to Japan and my husband started the application for my COE. He is Brazilian by birth and simply used a scrivener (I guess? Pretty sure he didn’t hire a real attorney) that many Nisei Brazilians there use. I had reservations about him using Brazilian services as they have given us a LOT of trouble with not understanding American documents and legal standards. Specifically, they don’t understand that many American states allow married people to simply use the marriage certificate to change their name officially. I come from a state that allows that, so there’s no sense in me spending $400 to the court for a name change document. The court would simply tell me to use my marriage cert., anyway.

The Brazilian scrivener he’s using told him my new passport and marriage certificate isn’t enough to explain the name change and that he will have to write a special letter of explanation to the minister. 

Also, he missed two residence tax payments this past summer. He has visited the office and set up an official payment plan for that. The scrivener told him the evidence of the payment plan wasn’t enough and that he needed to pay the arrears entirely. I have read conflicting information on this, that showing good faith effort to pay and currently making those payments shouldn’t result in a rejection.

Anyway, I think he should use an actual immigration attorney that has experience helping Americans, or at least English-speaking expats, especially with this tax situation. Does anyone have any experience with these issues or anyone to recommend? He is based close to Nagoya. Thanks in advance for any advice.

by bellaelijah