Marriage license from another country other than residency valid for marriage based green card?

[curiousimmigrant3 9]

I'm the beneficiary spouse of a US citizen and we are based in Brazil. We haven't officially got married yet because the marriage procedure here in Brazil is long (takes 30-45 days to get the license) and requires a birth certificate from the US citizen issued within the last 90 days, which we also don't have and is a hassle to get.

 

We're in a hurry because our baby is due in about 1,5 months. That's why we're now considering getting married in our neighbour country, Argentina, which apparently can be done within 7 days more or less. The idea would be to get married there and then transcribe the marriage certificate in the US consulate (since it needs to be "translated" officially to english) then apply for the IR1-CR1 visa.

 

HOWEVER, as I, the spouse, am based in Brazil and I have no residency or ties whatsoever to Argentina, we're uncertain whether the Argentinian marriage certificate would be accepted in our green card application OR if it would just be flat out refused and ending up wasting us time at the end of the day. I have Brazilian residency so all the process will be done through Brazil.

 

When researching online, I've found no peculiarities as to "the marriage certificate must be issued in the spouse's country of residency", but because the US government already doesn't recognize the online Utah marriage, we're hesitant to get married abroad.

 

Has anyone had a similar experience?

 

p.s: We have requested a new birth certificate for my fiance 2 months ago to be shipped from the US to Brazil, but it got stuck in customs and after 2 months waiting for this document specifically on top of 4 months wasted, we're looking for other options to get married asap after wasting 6 months. We also looked into online marriage from Utah but all the lawyers we talked to recommended against it.

 

We might or might not be able to transcribe the argentinian marriage to Brazil depending if they request the updated birth certificate or not, which is a hassle to get.

[Verrou 1,962]

as long as you can legally marry in argentina, that marriage certificate will consider valid. but u have to do the legroom to make sure that argentina marriage court ok to marry non resident in their country ( its based on the country) many many people got married in 3rd country, and its ok. and u just need to translate that marriage certificate to english.  congrats ! 

 

check this link for the accepted marriage certificate from argentina https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Argentina.html

[Chancy 6,241]

34 minutes ago, curiousimmigrant3 said:

because the US government already doesn't recognize the online Utah marriage, we're hesitant to get married abroad.

 

What do you mean the US government doesn't recognize it?  Marriage rules are governed by the state, and Utah zoom wedding is definitely valid according to the state of Utah.  Refer to the section "About the Legality of Marriages" -- https://www.utahcounty.gov/dept/clerkaud/PassMarr/RemoteAppearanceFAQ.asp

 

Also valid in the eyes of USCIS, as long as any I-130 petition is filed after the couple has met in person during or after the online wedding ceremony.  As for marriages outside of the beneficiary's country of residence, destination weddings are a thing and definitely accepted for US immigration, as long as the marriage certificate is valid where it was issued.

 

Edited April 25, 2023 by Chancy
added link to Utah wedding FAQ + note on destination weddings

[curiousimmigrant3 9]

20 minutes ago, Chancy said:

 

What do you mean the US government doesn't recognize it?  Marriage rules are governed by the state, and Utah zoom wedding is definitely valid according to the state of Utah.  Refer to the section "About the Legality of Marriages" -- https://www.utahcounty.gov/dept/clerkaud/PassMarr/RemoteAppearanceFAQ.asp

 

Also valid in the eyes of USCIS, as long as any I-130 petition is filed after the couple has met in person during or after the online wedding ceremony.  As for marriages outside of the beneficiary's country of residence, destination weddings are a thing and definitely accepted for US immigration, as long as the marriage certificate is valid where it was issued.

 

I also read the same information re: Utah online marriage, but after speaking with several immigration lawyers, all of them recommended against it as they said it would either result in the paperwork being denied, or they'd request supporting documents which would end up delaying the process even more 

[Chancy 6,241]

Just now, curiousimmigrant3 said:

after speaking with several immigration lawyers, all of them recommended against it as they said it would either result in the paperwork being denied, or they'd request supporting documents which would end up delaying the process even more 

 

Up to you if you want to listen to those lawyers.  Or you can browse the VJ forums for reports from other members who have successfully completed the spouse visa process after a Utah zoom wedding.

 

[Crazy Cat 41,814]

8 minutes ago, curiousimmigrant3 said:

I also read the same information re: Utah online marriage, but after speaking with several immigration lawyers, all of them recommended against it as they said it would either result in the paperwork being denied, or they'd request supporting documents which would end up delaying the process even more 

Ask one to list the cases in which the Utah Zoom Marriages were denied!!!!  Ask them to list cases which were denied due to a Utah online marriage....  I'm guessing they can not list a single one. 

 

1 hour ago, curiousimmigrant3 said:

but because the US government already doesn't recognize the online Utah marriage, we're hesitant to get married abroad.

That just is not true....

[Chancy 6,241]

2 minutes ago, Crazy Cat said:

Ask them to list cases which were denied due to a Utah online marriage....  I'm guessing they can not list a single one. 

 

Maybe clients of those incompetent lawyers who only submitted marriage certificate as bona fide marriage evidence?  If they did not submit proof of in-person meeting during or after the online wedding, that could result in RFE or denial.

 

[pushbrk 12,870]

Married is married.  If you can marry legally in Argentina, go for it.  But, you do not get that marriage certificate translated at the US Consulate.  They don't do that.  Any competent translator can provide the translation and certify it is correct.

 

Those lawyers are wrong.  Many successful Utah marriage cases here.  Again, married is married, but you must provide evidence you were together during or after the online ceremony along with the certificate.  This is all clear in the I-130 instructions.

[Fe.Ta 874]

4 hours ago, curiousimmigrant3 said:

I'm the beneficiary spouse of a US citizen and we are based in Brazil. We haven't officially got married yet because the marriage procedure here in Brazil is long (takes 30-45 days to get the license) and requires a birth certificate from the US citizen issued within the last 90 days, which we also don't have and is a hassle to get.

 

We're in a hurry because our baby is due in about 1,5 months. That's why we're now considering getting married in our neighbour country, Argentina, which apparently can be done within 7 days more or less. The idea would be to get married there and then transcribe the marriage certificate in the US consulate (since it needs to be "translated" officially to english) then apply for the IR1-CR1 visa.

 

HOWEVER, as I, the spouse, am based in Brazil and I have no residency or ties whatsoever to Argentina, we're uncertain whether the Argentinian marriage certificate would be accepted in our green card application OR if it would just be flat out refused and ending up wasting us time at the end of the day. I have Brazilian residency so all the process will be done through Brazil.

 

When researching online, I've found no peculiarities as to "the marriage certificate must be issued in the spouse's country of residency", but because the US government already doesn't recognize the online Utah marriage, we're hesitant to get married abroad.

 

Has anyone had a similar experience?

 

p.s: We have requested a new birth certificate for my fiance 2 months ago to be shipped from the US to Brazil, but it got stuck in customs and after 2 months waiting for this document specifically on top of 4 months wasted, we're looking for other options to get married asap after wasting 6 months. We also looked into online marriage from Utah but all the lawyers we talked to recommended against it.

 

We might or might not be able to transcribe the argentinian marriage to Brazil depending if they request the updated birth certificate or not, which is a hassle to get.

I would advise you, just like the others, to look into the Zoom wedding.

While you can get married in Argentina while both of your are foreigners, there is going to be some legwork to get it done.  Argentina is not that fastest moving and they have a lot of red tape.  So, you might end up delaying it even more and actually have less time to get it done than what you think.  For example, we had to get my husband's birth certificate legalized and apostille.  One of the two only took two hours, but we had to leave the BC in another place for like 10 days to get it done.  LOL  I am glad I knew this ahead of time and literally booked our flight home almost a month AFTER our scheduled interview.  Otherwise, we would have had to keep moving our date because of things not being as quickly.

From my experience, immigration is difficult enough when you have the USA and the originating country of the beneficiary to add a third country for the marriage, especially if two of those countries are within South America (we do not have the greatest systems).  The Zoom wedding seems a little bit more straightforward and it has been done before.  Just do your research.  Lawyers sometimes just advise against things they are not familiar or comfortable with rather than give you all the options.

Here are some links regarding marriage in Buenos Aires, Argentina.  They are in Spanish, but if you are from Brazil it would be easier to understand and translate.

https://buenosaires.gob.ar/registrocivil/informacion-general-para-casarte

https://tramitalofacil.com/requisitos-para-casarse-en-argentina-siendo-extranjero/

[PaulaCJohnny 713]

I don’t know where you get your information but I think is incomplete and wrong.

 

Are you saying about the marriage on the Brazilian Consulate or the regular one on the Comuna (Registro Civil)?

 

If is the one in the Comina You will need an appointment, medical exams (This can be asked depending on the judge or  Comuna, each one is different. that need to be done some weeks before get married), they asked me a bill or any proof of that I was living in the area of the Comuna, 2 witnesses and more stuff.  Buenos Aires is not Las Vegas. Do your research better before try to do something like this. 
 

 

[top_secret 2,413]

7 hours ago, curiousimmigrant3 said:

When researching online, I've found no peculiarities as to "the marriage certificate must be issued in the spouse's country of residency", but because the US government already doesn't recognize the online Utah marriage, we're hesitant to get married abroad.

 

Has anyone had a similar experience?

 

As an American and a Filipina we married in Costa Rica the day after either one of us had ever set foot in that country as tourists. That worked awesome for a USCIS and a great place for a honeymoon too.  But that was in 2020 when Utah online marriages were new and not thoroughly tested for immigration.  But by 2023 no doubt thousands of Utah online marriages have already successfully made their way through USCIS and various embassies around the world making it a very attractive option today. 

 

[mochon 17]

15 hours ago, Chancy said:

 

What do you mean the US government doesn't recognize it?  Marriage rules are governed by the state, and Utah zoom wedding is definitely valid according to the state of Utah.  Refer to the section "About the Legality of Marriages" -- https://www.utahcounty.gov/dept/clerkaud/PassMarr/RemoteAppearanceFAQ.asp

 

Also valid in the eyes of USCIS, as long as any I-130 petition is filed after the couple has met in person during or after the online wedding ceremony.  As for marriages outside of the beneficiary's country of residence, destination weddings are a thing and definitely accepted for US immigration, as long as the marriage certificate is valid where it was issued.

 

Yes. Utah is definitely recognised. Our I-130 was approved in 6 months, no question asked.

[SteveInBostonI130 3,432]

16 hours ago, curiousimmigrant3 said:

I also read the same information re: Utah online marriage, but after speaking with several immigration lawyers, all of them recommended against it as they said it would either result in the paperwork being denied, or they'd request supporting documents which would end up delaying the process even more 

 

No matter what you decide - Brazil/Argentina/Utah Online, avoid those lawyers 

[curiousimmigrant3 9]

2 hours ago, mochon said:

Yes. Utah is definitely recognised. Our I-130 was approved in 6 months, no question asked.

Wow that's amazing, congrats! You're in the UK right? Did you do anything "special" or out of the norm for your process to be approved so fast? Or was it just out of luck? 

What kind of proof did yu submit with your paperwork to show that you had "consummated" the marriage after the ceremony-- passport stamps or something of the sort?

[curiousimmigrant3 9]

10 hours ago, top_secret said:

 

As an American and a Filipina we married in Costa Rica the day after either one of us had ever set foot in that country as tourists. That worked awesome for a USCIS and a great place for a honeymoon too.  But that was in 2020 when Utah online marriages were new and not thoroughly tested for immigration.  But by 2023 no doubt thousands of Utah online marriages have already successfully made their way through USCIS and various embassies around the world making it a very attractive option today. 

 

I'm actively looking into this now, especially cases where it was actually accepted. So far I've seen about 3-4 cases only out of the many pages here in VJ, but I'll keep looking.