I485 birth certificate question

[smgilley1 0]

I'm an American filing the I485 for my Brazilian wife of 2 years here in the USA. We have already gotten the I130 but we are sending in the I485 now...my question is, when we got married in Brazil her birth certificate was kept by officials where we got married as we were given a wedding certificate with all her information on it...DOB, parents names etc...Will this work? She doesn't have her birth certificate as it's not allowed under Brazilian law for fear of marrying with multiple names/times. Any ideas of they will request a RFE or should this marriage certficate serve with maybe a Brazilian ID with her DOB on it? Any help is appreciated!

[EM_Vandaveer 2,408]

Is your wife in the US?

[EM_Vandaveer 2,408]

From

https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/BR.html

"Birth/Death/Burial

Civil Records are available in all 26 states and the Federal District of Brasilia. Birth and marriage certificates may include annotations regarding previous marriages, divorces, and deaths of former spouses. In order to have an annotated certificate, an applicant needs to go to a notary (cartorio) and request a second copy recently issued - of the birth and/or marriage certificate. If the birth or civil document does not have an annotation, it does not necessarily mean that there have been no births, divorces, or deaths."

[smgilley1 0]

Yes, we live in California.

[EM_Vandaveer 2,408]

~ Moved from "Bringing Family Members of US Citizens to America" to "Mexico, Latin & South America" Regional Forum ~

Organizer hat off:

From my above post, it sounds like you can get a birth certificate in Brazil, it'll just have an annotation regarding the marriage. You'll need this.

Edited September 1, 2016 by EM_Vandaveer

[smgilley1 0]

Okay well I don't know how we would get that at this point. Also my wife swears they would never give her a copy as long as she is married... I appreciate your helping and insight!

[smgilley1 0]

Also, I CAN translate the documents from portuguese into English correct? I'm fluent in both but I heard maybe the petitioner can not do so?

[EM_Vandaveer 2,408]

http://miami.itamaraty.gov.br/en-us/contact_us.xml

You should contact the Brazilian Consulate.

You can translate documents, you just need to include a simple statement stating that you are fluent in both English and the foreign language and sign it.

[menina 50]

Are you sure what she has is not a birth certificate? The cartorio will issue what is called a "certificado de segunda via". It is a birth certificate with annotation saying she is now married. We were married in the US, but when my husband went back to Brasil for a visit, we obtained this second copy, and it definitely was different than his original birth certificate. He didn't believe that it was possible nor did his family, but I had done research and took our info to the cartorio where they agreed that is the process. My point is that your wife may not realize exactly how the process works. Check and see if she has only a marriage certificate or a birth certificate. If she needs to get a new bc, you can try contacting the consulate. Depending on where you live, you would need to to to either LA or San Francisco. Since we obtained his in Brasil, I'm not sure about how to obtain it in the US, but the consulate should know. Yes, you can translate the document provided you attach a statement saying you are fluent in both languages. Good luck!

[Sandra G. 5,054]

She just need to ask a copy of her birth certificate in the civil registry where she was born.