Register Marriage at Brazilian Consulate

[Ed&Midori1031 330]

Hey everyone.  This post is directed more towards the Brazilian community, but if your country is similar, please feel free to chime in

 

Anyways...recently my wife and I discussed finally registering our marriage to the Brazilian Consulate in San Francisco mainly so we can update her Brazilian passport to match her new legal name to her Green card and other documents.  After reading the requirements on the website, I'm just a bit confused about some of the requirements, as I will post below...I'm mainly concerned about number 6.  Am I considered the "foreign spouse"? and what exactly has to be notarized?  Also number 8, I take it our U.S. marriage certificate will be fine?  I posted the link to the consulate website for you all to see the full list requirements, if you'd like...

 

 

 

6) Foreign Spouse:  valid passport or photo I.D. plus the original birth certificate and a written affidavit dully signed before a Notary or before the Consular Agent, stating that the person has not married or divorced a Brazilian citizen before.

 

             7) In case of previous marriages by either spouse, the interested party must also present, along with the documents already listed above, the document that best pertains to each particular case:

• if Brazilian, marriage certificate bearing annotation of the divorce, original and copy;
• if the spouse is deceased, death certificate;
• if a foreigner, document certifying the divorce;
• if the foreigner is divorced from a Brazilian, present the divorce homologation by the Superior Court of Justice, in Brazil, even if the marriage was not registered at a Brazilian Consular Office.

            8.  Document certifying the marital status of the Brazilian spouse(s): At the moment of the registration it is necessary to present the original of one of the following documents:

·           Birth certificate issued less than six months before; or

·           Marriage certificate with the annotation of divorce; or

·           If the spouse is deceased, death certificate; or

·           A statement (of two witnesses, notarized ) of non impairment for the marriage of the affianced - Note: the witnesses must be Brazilian and they cannot be a relative, and two certified copies of their ID and CPF have to be attached to documents ; or

·          A statement testifying the marital status issued by the notary's office where the birth entry of the affianced was registered.     

 

http://saofrancisco.itamaraty.gov.br/en-us/marriage_certificate.xml

 

If you have a "simplified" list of document requirement, please let me know.  Thank you! 

Edited September 5, 2019 by Ed&Midori1031

[menina 50]

It's been awhile since we did it, but I remember that we had to go to the cartorio in Brazil to get a certified copy of my husband's birth certificate. The reason for this is that in Brazil, birth certificates list martial status. (number 8 ) For #6, you would provide your birth certificate, ID, and the written statement. According to this, it sounds like you can do the written statement and sign it at the consulate in front of the consular officer. That way they can tell you exactly what it has to say. I believe we did that instead of using a notary. The most annoying part was getting the birth certificate from Brazil. If you aren't planning on returning anytime soon, perhaps you could contact a relative in Brazil to see if there is a way for them to obtain it and send it to you. This would probably require notarized copies of your wife's documents. Before we got married, I had already found out about this process, so I just made sure that my husband got the proper paperwork. It is called certidao de nascimento de segunda via. It was a big argument between us as he kept insisting that his original birth certificate would do, but as it says on the consulate website, it has to be issued within 6 months of you applying to register the marriage. If you have all the proper documents, the process goes pretty fast once you register. 

[Ed&Midori1031 330]

1 hour ago, menina said:

It's been awhile since we did it, but I remember that we had to go to the cartorio in Brazil to get a certified copy of my husband's birth certificate. The reason for this is that in Brazil, birth certificates list martial status. (number 8 ) For #6, you would provide your birth certificate, ID, and the written statement. According to this, it sounds like you can do the written statement and sign it at the consulate in front of the consular officer. That way they can tell you exactly what it has to say. I believe we did that instead of using a notary. The most annoying part was getting the birth certificate from Brazil. If you aren't planning on returning anytime soon, perhaps you could contact a relative in Brazil to see if there is a way for them to obtain it and send it to you. This would probably require notarized copies of your wife's documents. Before we got married, I had already found out about this process, so I just made sure that my husband got the proper paperwork. It is called certidao de nascimento de segunda via. It was a big argument between us as he kept insisting that his original birth certificate would do, but as it says on the consulate website, it has to be issued within 6 months of you applying to register the marriage. If you have all the proper documents, the process goes pretty fast once you register. 

Thank you so much for the input.  Do you remember what the statement had to say?  Being that our consulate is in San Francisco, and us living in Washington, it's hard to be able to travel back and forth to the consulate, so most of the process will be conducted by mail. 

[menina 50]

I don't remember exactly, but I imagine that it would say something like, "I certify that I have never married or divorced a Brazilian citizen prior to my current marriage." Then sign it and have it notarized. Since you are far from the consulate, you could do that instead of having to sign in front of them. I think the hard part will be getting the documents that you need. I hope it all goes well!