Getting married on a tourist visa + applying for a I-130

[brisa2020 1]

So I am engaged to a US citizen and we have plans to get married this summer while I'm on a tourist visa visiting him and then, after I go back to my homecountry, we plan on sending in the I-130 application for spouse so we can be together.

 

But as I as looking at the evidence requirements for the petition on the USCIS website, the listed the following:
- Documentation showing that you and your spouse have combined your financial resources;
- Proof of legal name change

So I was wondering: 
- Can I have a joint bank account with him even though I don't live in the US? (in my case I only go to the US to visit)
and
- Can I change my name legally after marriage being on a tourist visa? Will that be valid in my homecountry? Will I have to reissue my passport and/or visa due to name change?

[Cheschirecat 176]

22 minutes ago, brisa2020 said:

So I am engaged to a US citizen and we have plans to get married this summer while I'm on a tourist visa visiting him and then, after I go back to my homecountry, we plan on sending in the I-130 application for spouse so we can be together.

 

But as I as looking at the evidence requirements for the petition on the USCIS website, the listed the following:
- Documentation showing that you and your spouse have combined your financial resources;
- Proof of legal name change

So I was wondering: 
- Can I have a joint bank account with him even though I don't live in the US? (in my case I only go to the US to visit)
and
- Can I change my name legally after marriage being on a tourist visa? Will that be valid in my homecountry? Will I have to reissue my passport and/or visa due to name change?

Your name has to match on all legal documents, especially your visa and passport. My husband was here on a visitors visa we met and married. I never changed my name. We were able to get him added on a joint bank account. Foreigners can have bank accounts in the US at certain banks. He did not return home after the marriage! It’s been rough, but he’s worth it! Good luck! 

[arken 4,197]

28 minutes ago, brisa2020 said:

So I am engaged to a US citizen and we have plans to get married this summer while I'm on a tourist visa visiting him and then, after I go back to my homecountry, we plan on sending in the I-130 application for spouse so we can be together.

 

But as I as looking at the evidence requirements for the petition on the USCIS website, the listed the following:
- Documentation showing that you and your spouse have combined your financial resources;
- Proof of legal name change

Just wanted to comment on name change, name change is not a requirement, it’s just asking for proof if one or both’s name is changed. A marriage certificate is the proof of change of last name if one intends to take the spouse’s last name.

 

 

[brisa2020 1]

12 minutes ago, Cheschirecat said:

Your name has to match on all legal documents, especially your visa and passport. My husband was here on a visitors visa we met and married. I never changed my name. We were able to get him added on a joint bank account. Foreigners can have bank accounts in the US at certain banks. He did not return home after the marriage! It’s been rough, but he’s worth it! Good luck! 

Thank you!

 

I live in Brazil, and I know that when I go back to Brazil after getting married in the US, my marriage is not valid in Brazil. 
So I was wondering if is the same issue with the name, because if so, I can't even change my name in any brazilian documents, because not even the marriage itself would be valid in BR.
 

In regards to the bank account, thank you! I'll look into it to speed things up!
 

7 minutes ago, arken said:

Just wanted to comment on name change, name change is not a requirement, it’s just asking for proof if one or both’s name is changed. A marriage certificate is the proof of change of last name if one intends to take the spouse’s last name.

 

 

Thank you!

I'm asking because I do plan on taking his last name, but I don't know if I should do it now, if it would get in the way of things more than it would help...

Edited April 21, 2020 by brisa2020

[arken 4,197]

Are you sure marrying in the US is not recognized in Brazil? I’ll take your word since i don’t know anything on that.

 

If that’s the case, you can proceed without changing the name and do that after immigrating. Your processing won’t be affected because of no name change. My wife didn’t change her name.

[brisa2020 1]

Just now, arken said:

Are you sure marrying in the US is not recognized in Brazil? I’ll take your word since i don’t know anything on that.

 

If that’s the case, you can proceed without changing the name and do that after immigrating. Your processing won’t be affected because of no name change. My wife didn’t change her name.

Yeah, to make it valid in Brazil I have to take the marriage certificate to the brazilian consulate and apply for validation. It's a quick and cheap process, but if it's not done, the marriage is not recognized in BR.

Oh, so there's no time limit to change your name after marriage, right? Thank you!

[arken 4,197]

If you were to live till you are 115 years old, you can change the name at the age of 114. 😉

[Chancy 6,243]

21 minutes ago, arken said:

Are you sure marrying in the US is not recognized in Brazil? I’ll take your word since i don’t know anything on that.

 

I was surprised about this too, so I googled Brazilian marriage law.  Sharing here for everyone's info:

 

-----

19. I have married abroad. Am I automatically married before the Brazilian judicial system? Can the divorce conducted abroad be recognized in Brazil?

Brazilian Law recognizes the validity of marriages and divorces performed abroad. However, for these acts to produce legal effects in Brazil, the marriage must be registered in a Brazilian Consular Office and transcribed into the books of a Brazilian First Civil Registry Notary Office, and the divorce sentence must be ratified by the Superior Court of Justice, Federal District, according to Constitutional Amendment no. 45. Marriages performed abroad, even when not transcribed to Brazil, constitute legal impediment to remarriage.

 

http://www.itamaraty.gov.br/en/perguntas-frequentes-artigos/19385-assistance-to-brazilians-abroad#II19

 

[brisa2020 1]

11 minutes ago, Chancy said:

 

I was surprised about this too, so I googled Brazilian marriage law.  Sharing here for everyone's info:

 

-----

19. I have married abroad. Am I automatically married before the Brazilian judicial system? Can the divorce conducted abroad be recognized in Brazil?

Brazilian Law recognizes the validity of marriages and divorces performed abroad. However, for these acts to produce legal effects in Brazil, the marriage must be registered in a Brazilian Consular Office and transcribed into the books of a Brazilian First Civil Registry Notary Office, and the divorce sentence must be ratified by the Superior Court of Justice, Federal District, according to Constitutional Amendment no. 45. Marriages performed abroad, even when not transcribed to Brazil, constitute legal impediment to remarriage.

 

http://www.itamaraty.gov.br/en/perguntas-frequentes-artigos/19385-assistance-to-brazilians-abroad#II19

 

 

But it's only valid after you register it in a Brazilian Consular Office and transcribe it into the books of a Brazilian First Civil Registry Notary Office.

If you don't do that, it's not valid. But at the same time, you cannot get married to another person in Brazil (as if your marriage abroad was already valid).
It's kind of like a limbo, like the equivalent to being "out of status". 

So this process acts like an adjustment of your civil status in Brazil.

Edited April 21, 2020 by brisa2020

[NikLR 13,232]

22 minutes ago, brisa2020 said:

 

But it's only valid after you register it in a Brazilian Consular Office and transcribe it into the books of a Brazilian First Civil Registry Notary Office.

If you don't do that, it's not valid. But at the same time, you cannot get married to another person in Brazil (as if your marriage abroad was already valid).
It's kind of like a limbo, like the equivalent to being "out of status". 

So this process acts like an adjustment of your civil status in Brazil.

Makes sense when there is a federal registry. 

[SalishSea 18,225]

13 hours ago, brisa2020 said:

I know that when I go back to Brazil after getting married in the US, my marriage is not valid in Brazil. 

Why?  That makes no sense whatsoever.

[SalishSea 18,225]

13 hours ago, brisa2020 said:

Yeah, to make it valid in Brazil I have to take the marriage certificate to the brazilian consulate and apply for validation.

Brazilian consulate???  But you said you're returning after marrying, right?

[HRQX 4,145]

12 minutes ago, Jorgedig said:

Brazilian consulate???  But you said you're returning after marrying, right?

I interpreted it as marry and leave before I-94 expired; so not marry and then sprint to Brazil. Note that in the initial post they said they might consider opening a joint bank account before leaving the US. In that timeframe they also could do the consular registration of the US marriage. After returning to Brazil, the marriage must be registered, again, at the 1st Civil Registry Office in the Brazilian city of OP's residence.

Edited April 22, 2020 by HRQX

[1997pumpkin 2]

11 minutes ago, Jorgedig said:

Why?  That makes no sense whatsoever.

Well, that's how the Brazilian law goes. Also I have 180 days to validate it upon arrival in Brazil after getting married in the US.

 

8 minutes ago, Jorgedig said:

Brazilian consulate???  But you said you're returning after marrying, right?

Consulate, embassy, I mixed those up.

Anyways, after validating it in the Consulate or Embassy, either in Brazil or in the US, I have to register it in the Federal Registry. 

 

That's how it goes.

 

 

But anyways, I'll get a lawyer for that. 

My main doubt in this post was about the name change and joint bank account.

Solving things in Brazil is easy for me.

My concern is the things I have to do in the US. 

And if the name change affects my I-130 if my Brazilian documents have my single name instead of married name.

[1997pumpkin 2]

1 minute ago, HRQX said:

I interpreted it as marry and leave before I-94 expired; so not marry and then sprint to Brazil. Note that in the initial post they said they might consider opening a joint bank account before leaving the US. In that timeframe they also could do the consular registration of the US marriage. After returning to Brazil, the marriage must be registered, again, at the 1st Civil Registry Office in the Brazilian city of OP's residence.

Yeah! I have the trip schedule for over a month.

 

Plus I've been to the US twice already and in both times they granted me a 180-day stay.