Does my Brazilian wife need to change her marriage status on national identity cards and/or driver’s license for I-130/CR1 application?

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Does my Brazilian wife need to change her marriage status on national identity cards and/or driver’s license for I-130/CR1 application?

I am a US citizen currently living in the US. My fiance is Brazilian currently studying in Europe who will be moving back to Brazil later this year. We are planning on getting married sometime in Europe and file for a CR1 visa right away. Upon her return to Brazil, will my future wife have to file for a new Brazilian national ID cards and/or driver’s license that reflects her new marital status in order for the CR1 application and embassy interview to be successful, or can she continue to use her old documents?

Asked on June 15, 2012 under Immigration Law, Virginia

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

She does not need to change her name once she is married in order to be petitioned by you and in order to successfully obtain an immigrant visa.  A bona fide marriage is reviewed on documentary evidence of the marriage itself and not a name change.  Many people have valid bona fide marriages and maintain their maiden name for professional reasons, etc.


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