Will voiding my Brazilian marriage and remarrying in the US affect citizenship eligibility?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Will voiding my Brazilian marriage and remarrying in the US affect citizenship eligibility?

I am a US citizen married to a Brazilian citizen for almost 5 years. In April 2012 we applied for his CR-1 visa and he has had permanent residency for over 3 years. He is now been eligible to apply for US citizenship. Our marriage was performed and is registered in Brazil. Due to turmoil politics, economy, etc., we want to cut all ties with Brazil. We want to have a legal, registered US marriage and afterwards have our Brazilian marriage null and void. Is that possible without it having any type of negative affect on his permanent resident status and citizenship eligibility?

Asked on July 15, 2016 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

This is a bit strange and silly.  You are married and that's a fact, regardless of what country you were married in if the marriage was legal and valid at the time it was entered into.  FOreign marriages are granted full faith and credit in the US so there is no need to get remarried.  In fact you really cannot be remarried if you are already married.  So, cutting ties with a country means more like surrendering any citizenships, etc.  No matter what happens with a country, marriages entered into previously are still considered marriages, both there and in the US.  I would say you do not need to do anything extra.  Now, if you want to re new your vows in the US, you can do that, but it's more for symbolic reasons.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption