using married name (split topic)

[kellycristiany 0]

I got married last may and did not get a chance to go to the Brazilian consulate to have mu name changed to married name.

We are now applying for my I130 and I am wondering if I can write on the I130 my married name as I want it to be, even thought I havent changed any document.

In FloridaI did not had the option to change my name on the marriage certificate.

How do we go abou that?

Thank you

[Ryan H 3,812]

***Post split from old thread.***

**Moderator hat off**

To dispatch with semantics, an I-130 is not something that is applied for, it is a petition form that is filed.

Before I can give you an appropriate answer to your question, can you please clarify the following as it is rather vague.

Are you the US Citizen petitioner or the foreign beneficiary?

[kellycristiany 0]

@Ryan h.

Thanks for the correction. That's what I meant forgive for the poor english skills.

I am the beneficiary and Brazilian. My husband is the petitioner and the American citizen.

[menina 50]

File your I-130 paperwork with the name you want to appear on your green card. If you plan on using your married name from now on, put that on your application. My husband and I took our marriage certificate to the consulate to register our marriage. We were given a marriage certificate in Portuguese that we then took on our next trip to Brasil and showed to the Cartorio. Our marriage is now registered in Brasil as well. It is not required, but it is nice in case we ever decide to move back there. He was the beneficiary so he didn't need to change his name, so I'm not sure what more you would need to do for that. You can sometimes get answers by emailing the consulate. I would imagine that if you take your green card or marriage certificate to the consulate, you could apply for a passport in your new name. If you need to travel before applying for the new passport, I have seen some people use their maiden name Brasil passport to enter Brasil and the green card with the married name (and the marriage certificate) to return to the US. Hope that helps!

[Ryan H 3,812]

OP, if you want to use your married name, then use it in all applicable places that is called for on paperwork. Additionally, you will need to obtain a new passport to that has your married name because the visa will be issued in the name that is in the passport and the green card will be printed from the name that is on the visa.

[menina 50]

OP: sorry I was thinking as if you are already in the US. If you are not, I recommend going to your consulate in Brasil and applying for a new passport with your married name. I am not completely sure how this would work as I have not done it in Brasil, but I would contact them before you make the trip there and ask what needs to be done. Your visa will be issued in whatever name you put on the paperwork (married or single) so I believe they will want your passport to match. Good luck!

[FabtheFab 67]

Hello Kelly,

I'm currently in the same situation. I got married in the US and changed my name, but I'm waiting for my CR1 in Brazil. The only legal way of changing your name in a Brazilian passport is to have the foreign marriage legalized in Brazil. To do that, you need to go to the Brazilian embassy that covers your state in the US - in your case, I think it's in Miami, and ask them to do the marriage legalization.

The BR embassy will give you a document that you need to send to your local cartório as Menina explained. From the cartório, you will get a Brazilian marriage certificate, and only with the Brazilian document you can apply for a passport with your married name.

Because I'm not in the US right now, I can't go to the Brazilian embassy that covers my husband's state (in my case it would be in Houston) and legalize my marriage. I did what many people here in the forum advised: I used my married name in all documents (i-130 and the NVC ones), but since my passport still has my maiden name, my green card will probably have my maiden name as the passport, not the married one.

However, since the CR1 needs to be renewed in 2 years, this will give me time to go to the embassy, legalize the marriage in Brazil, and apply for a new passport, so that my 10 year greencard will have my married name.

I'm sorry for writing a lot, it's kind of complicated. I hope I was clear. In case you need more information, send me a private message and I can explain it in Portuguese :-)

Abraço!

[Ryan H 3,812]

**Hijack post removed; please start your own thread with your own questions.**