Single Status Affidavit aka Certificate of Marriage Search in the US
I am an American citizen and will be getting married to my fiance this September in Sao Paulo, Brazil. My fiance has been a permanent resident of Brazil for 30 years even though he holds a foreign passport. I'll be arriving on a 90-day tourist visa and will get married as soon as possible.
In order to get married in Brazil, I know that I'll need my 1) Birth Certificate and 2) Single Status Affidavit (also known as a Certificate of Freedom to Marry or Certificate of No Impediment for Marriage or Certificate of No Record Marriage). I live in Los Angeles and today, I went to the LA County Registrar-Recorder (County Clerk) office and requested both certificates. Once I receive them in the mail, I will get them legalized at my local Brazilian consulate - probably some time towards the end of June.
Now, here is where it gets confusing:
1. I explained to the clerk at the Registrar office that I needed a Single Status Affidavit to prove that I'm currently single and have never been married before. She said that she'll request a Certificate of Marriage Search dating back to 1991 and then asked me to fork over $15. Lol! Did I get the correct certificate? Has anyone in Los Angeles received the same certificate for this purpose?
2. Once both certificates are legalized, will they be valid for 90 days, 180 days, or permanently? I've read different things, so could someone kindly clarify? I just want to make sure that my legalized certificates don't expire before I submit them to the Cartório in Brazil in September.
3. I know that both certificates also need to be translated into Portuguese by a translator (Tradutor Juramentada). Can this only be done in Brazil? If so, how quick is the turnaround? Can I have them translated here in Los Angeles through the Brazilian consulate? Again, I am just worried that once I arrive in Brazil, we will be racing to get everything turned in to the Cartório to process our marriage certificate before my tourist visa expires.
Thank you so much!
Victoria
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All documents submitted for marriage in the Cartório for marriage must have been issued within the previous 6 months of submission to the Cartório or they're not considered valid, this includes your long-form Birth Certificate. Your Birth Certificate must be authenticated by either the State Department or by the US Consulate in Brazil, don't miss this step. It does not have to be legalized by the Brazilian Consulate in the US.
According to the Cartórios here, translation should be done in Brazil by a "tradutor juramentado" (sworn translator), but I believe the will accept Consular translations. Generally Consular translations take a lot of time. Usually you can get a translation done here in Brazil in a week. They are expensive as all getout!!!
If you've got all the documents ready on arrival, you should have no problem getting the translation done here and submitting it, getting the wedding date set, etc., all within the 90 days. From the time you apply at the Cartório for the permission to marry (habilitação de casamento) it usually takes just a bit over 30 days until the wedding date. If you have a US passport and VITUR Tourist Visa, you can apply for an additional 90 day extension of your stay (prorrogação de estada) if you haven't been in Brazil in the year prior to entry. That would give you more than enough time.
Cheers,
William James Woodward, EB Experts Team
Thank you for your most informative post!
"Your Birth Certificate must be authenticated by either the State Department or by the US Consulate in Brazil, don't miss this step. It does not have to be legalized by the Brazilian Consulate in the US."
Thank you! I did not know this. So as soon as I step foot onto Brazilian soil, I will need to authenticate my Birth Certificate at the US consulate and then have it translated into Portuguese.
Victoria
I'm an American in the US now. In 3 weeks I'm going back to Brazil to marry my fiance and apply for the permanent residency.
1. I have my original long form birth certificate, but I still have to mail it (or take it in) to the State Department to be authenticated? I missed this detail before, so if I'm a bit concerned about getting it back in time, I can go to Brazil and get it authenticated at the US consulate?
2. If I go to a notary here in the states and get a statement, saying I'm single, notarized and then get it legalized at the Brazilian Chicago consulate...that SHOULD be enough for that?
3. The only things I really need legalized here in the states (for the marriage and permanent residency) is the statement that I'm single and the background check? Unless I'm reading your other thread and different other sites wrong, I think this is the case.
I'm sorry for making you repeat yourself. I'm in bit of a panic mode and I just need somebody to let me know that I'm not missing any of the small print.
Thanks for your help
1. Yes you can take the Birth Certificate long form to the Embassy or Consulate here in Brazil for authentication, they will simply stamp it, and add some kind of affirmation that it is a genuine US document. That meets the legal requirements here.
2. As I read the legislation, if you can't get some kind of legal document/certificate that attests to your single status or the fact that there is no impediment to marriage the alternative is to obtain sworn affidavits from two individuals stating that they have know you for (the period of time they've known you, which must be at least 2 years) and that to their knowledge that you are single (i.e. never married) and there is no impediment to you marrying. There is no reference in anything that I've read that says these individuals can't be related to you, so I guess affidavits from family members would be acceptable. THESE MUST BE AUTHENTICATED either by the State Dept. or by your Embassy/Consulate here.
3. The ONLY documents that must be "LEGALIZED" by the Consulado-Geral do Brasil in the USA are your Certified Criminal Record Check (for VIPER application) and, if applicable, any university degrees that you may wish to have recognized in Brazil at some point in time, but the degrees are not necessary right at the moment.
Hope this is a bit clearer for you.
Cheers,
William James Woodward, EB Experts Team
One more question:
According to the US consulate in Manaus, I can just make a sworn affidavit there:
http://www.brazil.usembassy.gov/marriage-info.html
Evidence of single marital status: Generally the Civil Registry Office will accept evidence in the form of an affidavit sworn at the U.S. Embassy or Consulate in which you declare your marital status as "single." The service fee is US$ 50.00 payable in cash and you must present your U.S. passport.
I'm assuming this would be good enough?
Cheers,
William James Woodward, EB Experts Team
"The US Consular Agency can certify a simple copy of your birth certificate, if you bring in the original and the simple copy. There is a fee of 50 dollars, payable by credit card or reais cash at the exchange rate that the Embassy supplies."
I then emailed back telling them that my understanding was that the Cartórios would want my original birth certificate authenticated or some proof showing it's a true US document. They responded with this:
"Some Cartórios are used to working with foreigners and others are not. Some have a long list of requirements and others seem to get it done without requiring an extensive list of documents.
We do not authenticate the original birth certificate or state that it is a true US document."
Now I'm confused.
Manaus - AM is so geographically separated from the rest of Brazil that they almost act like they're in a different world. Perhaps the Consulate there knows something that the rest of Brazil doesn't.
What I have already given you is from the legislation... that doesn't necessarily mean that everybody abides by the legislation (especially Cartórios
).I'll keep poking around and let you know what happens
This is especially true when you're dealing with anything regarding immigrations or with Cartórios here in Brazil. Actually there is NO SINGLE standard whatsoever. There are in fact different rules and procedures from one state to the next, one city to the next and even one Cartório to the next. This is what happens when every public employee in this country has the power to make up his/her own rules as they go along. It's quite frustrating to say the least.
But, this is the REALITY of Brazil.
http://brazil.usembassy.gov/marriage-info.html
"Birth Certificate: U.S. birth certificates must be authenticated by a Brazilian Consulate in the U.S. and translated into Portuguese by a sworn public translator. The U.S. Embassy and Consulates do not provide translation services. However, we can provide a list of sworn public translators. You may also be required to have the translation authenticated by a local notary public (tabelião)."
Any chance I could just send my original birth certificate to the Brazilian consulate for them to authenticate and that would be enough?
I'll try sending the Brazilian consulate a message
1) DOCUMENTS ACCEPTED FOR LEGALIZATION
Common documents:
Original document:
FIRST legalized by a Notary Public;
THEN authenticated by the County Clerk or Secretary of State, according to the system of each State.
The certification by the County Clerk or the Secretary of State must be annexed to the original document. Sending a copy of the Notary Public's license is not required.
Official documents, such as:
Those issued by county offices;
Those issued by the state (Secretary of State, Judge of the Superior Court, City Hall, etc.);
Certificates of birth, marriage and death, and divorce sentence.
Certified copies are accepted, provided that they are signed and bear an official rubber stamp or haut-relief stamp.
I didn't see before that I could go through the county clerk. I'm going to give it a shot
Do you think this qualifies?

This is really my last question:
How certain are you that the Cartório doesn't need the birth certificate to be legalized at the Brazilian consulate in the US?
I only ask this because of this website from the US embasies in Brazil:
http://brazil.usembassy.gov/marriage-info.html
"Birth Certificate: U.S. birth certificates must be authenticated by a Brazilian Consulate in the U.S. and translated into Portuguese by a sworn public translator. The U.S. Embassy and Consulates do not provide translation services. However, we can provide a list of sworn public translators. You may also be required to have the translation authenticated by a local notary public (tabelião)."
I am sending the non-criminal record to the Chicago consulate and I could toss it in with that. But I leave for Brazil on July 7th, and it takes the consulate around 5 business days to "legalize" the documents. In theory, even considering the time the documents would take in the mail, I should get it a few days before I leave. It doesn't leave too much time for error though. I can live with not getting the non-criminal record before i leave...I can have that mailed to me. But I can't afford, time-wise, to not have the birth certificate with me when I leave. I only have something like 75 days left on my tourist visa...so i need to apply to get married almost immediately after I arrive.
So the question is...do I need to have the birth certificate legalized at the Brazilian Consulate in the US?
Actually, it appears that since then the rules have, in fact, changed and the Birth Certificate must also be "legalized" by the Consulado-Geral do Brasil in the country of issue too. This is new, but it now appears on some of the websites I see regarding marriage. So yes, send it off to the Consulado and get it done. I'm now going to amend my original posting on marriage and documents here to reflect the change.
Cheers,
William James Woodward, EB Experts Team
wjwoodward wrote:I was married in the Cartório in São Paulo, never had my Birth Certificate "legalized" by the Consulado-Geral do Brasil anywhere in Canada, only authenticated by the Canadian Consulate in Belo Horizonte - MG, which actually has only an Honorary Consul and it was accepted.
Actually, it appears that since then the rules have, in fact, changed and the Birth Certificate must also be "legalized" by the Consulado-Geral do Brasil in the country of issue too. This is new, but it now appears on some of the websites I see regarding marriage. So yes, send it off to the Consulado and get it done. I'm now going to amend my original posting on marriage and documents here to reflect the change.
Cheers,
William James Woodward, EB Experts Team
I'm confused. In my original post, I asked if I should get my Birth Certificate authenticated at the Brazilian Consulate here in LA, and William, you corrected me and told me, no, that I needed to get it authenticated "by either the State Department or by the US Consulate in Brazil." So the rules have indeed changed? I have my tourist visa appointment scheduled for next Monday, and I was hoping to get my Single Status Affidavit legalized while I'm there, so if I also need to do the same for my Birth Certificate, this would be good to know. Thank you for your time!
Thanks for everything. It was very helpful.
I'm going to do the sworn affidavit at the consulate in Manaus.
In a few weeks I'll post an update on everything
It's hard to tell whether this is a rule that is going to now be rigidly adhered to here in Brazil since in practical terms each individual Cartório seems to make up their own rules as they go along, there is no uniformity in this country.
Given this new information, I would suggest that you get the Birth Certificate "legalized" by the Brazilian Consulate in your home country, The small additional fee (even if YOUR Cartório doesn't want it) for legalization will be worth the peace of mind it will bring you.
Welcome to the real Brazil where the rules of the game constantly change even while the players are on the field.
Cheers,
William James Woodward, EB Experts Team
wjwoodward wrote:I was married in the Cartório in São Paulo, never had my Birth Certificate "legalized" by the Consulado-Geral do Brasil anywhere in Canada, only authenticated by the Canadian Consulate in Belo Horizonte - MG, which actually has only an Honorary Consul and it was accepted.
Actually, it appears that since then the rules have, in fact, changed and the Birth Certificate must also be "legalized" by the Consulado-Geral do Brasil in the country of issue too. This is new, but it now appears on some of the websites I see regarding marriage. So yes, send it off to the Consulado and get it done. I'm now going to amend my original posting on marriage and documents here to reflect the change.
Cheers,
William James Woodward, EB Experts Team
Thank you, William. One more question: After getting my Birth Certificate legalized here at my local Brazilian Consulate, I would still have to get it translated and notarized in Brazil, correct?
Thanks for your help.
Dan
As you probably have inferred from many of the postings here there is absolutely NO UNIVERSALITY here in Brazil when it comes to Cartórios making or following rules. If you continue to have problems it is often much more expedient to literally "shop around" until you find a Cartório that is not so rigid in their procedures. It may even require going out of the state in order to marry in a more flexible Cartório in another state. In many cases the problem here in Brazil IS NOT the law itself, but rather the authoritarian attitudes of the Judge who owns the Cartório. Some really exhibit the "There are only two ways, my way and no way" sentiment. This will always continue to be a problem in a country where low-level bureaucrats have the opinion that they are even more important and powerful than Almighty God!
Cheers,
William James Woodward, EB Experts Team
Thanks again for the great information, hard to come across! Cheers, Dan
cupofjoe wrote:haha! Really? That's awesome. This is a big relief.
This is really my last question:
How certain are you that the Cartório doesn't need the birth certificate to be legalized at the Brazilian consulate in the US?
I only ask this because of this website from the US embasies in Brazil:
http://brazil.usembassy.gov/marriage-info.html
"Birth Certificate: U.S. birth certificates must be authenticated by a Brazilian Consulate in the U.S. and translated into Portuguese by a sworn public translator. The U.S. Embassy and Consulates do not provide translation services. However, we can provide a list of sworn public translators. You may also be required to have the translation authenticated by a local notary public (tabelião)."
I am sending the non-criminal record to the Chicago consulate and I could toss it in with that. But I leave for Brazil on July 7th, and it takes the consulate around 5 business days to "legalize" the documents. In theory, even considering the time the documents would take in the mail, I should get it a few days before I leave. It doesn't leave too much time for error though. I can live with not getting the non-criminal record before i leave...I can have that mailed to me. But I can't afford, time-wise, to not have the birth certificate with me when I leave. I only have something like 75 days left on my tourist visa...so i need to apply to get married almost immediately after I arrive.
So the question is...do I need to have the birth certificate legalized at the Brazilian Consulate in the US?
I dealt with the Brazilian Consulate in Chicago and the US Consulate in Manaus.
You need the Brazilian consulate to legalize your birth certificate. $20USD (US POSTAL MONEY ORDERS ONLY)
The US Consulate in Manaus will do the declaration of marriage status in both English and Portuguese and notarize it. No further action is required at the Cartorio but I would recommend getting a copy anyways which requires the infamous Cartorio to place a sticker on it. Be sure to call the Consulate in Manaus before you go because Sherrie does not work full time and does not keep the same work days as the other consulates. It is smaller than my bedroom in my house. She is very helpful though.
I scheduled an appointment for Sherre tomorrow. It's good to know that she's helpful, I have a few questions for her.
Thanks for your help
cupofjoe wrote:Awesome, thanks! I'm in Manaus now. Unfortunately my birth certificate is still at the Brazilian consulate in Chicago, so once that's done, I'll have somebody fedex it to me.
I scheduled an appointment for Sherre tomorrow. It's good to know that she's helpful, I have a few questions for her.
Thanks for your help
Remember you need everything translated. Legalization is not enough. You will need to find a public sworn translator to translate your bio-page in your passport and your birth certificate. (Sherrie has a list and if you want a referral PM me and I will send you a contact I have there) When you go to Cartorio 8 on Constintino Nery (close to the new stadium) they will give you the originals back if you insist. You will want to keep the translations with you as it helps out a great deal when applying for things (banks, store cards, etc.)
You can try to get by without a legalized birth certificate btw, they make the rules as they go. But the Federal Police won't let you pool the wool over their eyes when applying for permanency if you are applying in Brazil for it.
wjwoodward wrote:As you probably have inferred from many of the postings here there is absolutely NO UNIVERSALITY here in Brazil when it comes to Cartórios making or following rules. If you continue to have problems it is often much more expedient to literally "shop around" until you find a Cartório that is not so rigid in their procedures.
This is so true! I just wanted to share my recent experience. After having a religious marriage ceremony in the US, I arrived in Brazil two weeks ago on a tourist visa. I came prepared with my US Birth Certificate and Certificate of Marriage Search (both were legalized at my local Brazilian consulate). Last week, my fiance and I went to our local Cartorio here in Campinas (the Cambui office - I don't know if there is more than one in Cambui), and we were told by the pleasant Cartorio clerk (officer?) that we didn't need to get my certificates translated and that he wouldn't need either certificate. Imagine my surprise! Instead, he told us to come back with two witnesses who could vouch for the identities of both me and my fiance and could vouch for the fact that my fiance and I are both single and have never been married before. He also said that we'd need to bring a licensed translator. A few days later, we went back to the Cartorio with two of my fiance's friends and a licensed translator (to whom we paid $180 R for her services) and we all signed some documents and paid $363.95 R and applied for "permission to marry." We made an appointment for three weeks out - at which point, we'll have to go back with the same two witnesses and a licensed translator so that we can be "officially married." That's it.
I don't know if spending $360 R for a licensed translator (since we'll need to pay her twice) was more costly than getting my two certificates authenticated and translated here in Campinas, but it was certainly less time consuming. I hope everything goes just as smoothly at our next appointment. *fingers crossed*
VictoriaChandler wrote:wjwoodward wrote:As you probably have inferred from many of the postings here there is absolutely NO UNIVERSALITY here in Brazil when it comes to Cartórios making or following rules. If you continue to have problems it is often much more expedient to literally "shop around" until you find a Cartório that is not so rigid in their procedures.
This is so true! I just wanted to share my recent experience. After having a religious marriage ceremony in the US, I arrived in Brazil two weeks ago on a tourist visa. I came prepared with my US Birth Certificate and Certificate of Marriage Search (both were legalized at my local Brazilian consulate). Last week, my fiance and I went to our local Cartorio here in Campinas (the Cambui office - I don't know if there is more than one in Cambui), and we were told by the pleasant Cartorio clerk (officer?) that we didn't need to get my certificates translated and that he wouldn't need either certificate. Imagine my surprise! Instead, he told us to come back with two witnesses who could vouch for the identities of both me and my fiance and could vouch for the fact that my fiance and I are both single and have never been married before. He also said that we'd need to bring a licensed translator. A few days later, we went back to the Cartorio with two of my fiance's friends and a licensed translator (to whom we paid $180 R for her services) and we all signed some documents and paid $363.95 R and applied for "permission to marry." We made an appointment for three weeks out - at which point, we'll have to go back with the same two witnesses and a licensed translator so that we can be "officially married." That's it.
I don't know if spending $360 R for a licensed translator (since we'll need to pay her twice) was more costly than getting my two certificates authenticated and translated here in Campinas, but it was certainly less time consuming. I hope everything goes just as smoothly at our next appointment. *fingers crossed*
Exactly one month after I arrived in Brazil, I received my Marriage Certifiate. The process went so smoothly, I'm dumbfounded. Guess I got lucky! Now onto the next step: getting my Permanent Visa. 
Now even better news. You will be applying for your "Permanência Definitiva" under the new rules, which means that you do a one-step-process for the Pedido de Permanência Definitiva com base em cônjuge brasileiro(a), register in the RNE (Registro Nacional de Estrangeiro), and apply for your Cédula de Identidade Estrangeiro ALL AT THE SAME TIME.
This also means that if all your paperwork is present and in order you are granted permanency on the spot, you will only have to wait to have the CIE made up and they say that should take 60 days. Well, we'll wait to see if they can really manage that timeframe.
For more info about the application under the new rules see my posting:
https://www.expat.com/forum/viewtopic.php?id=403321
In particular the Oct. 2 edit at the bottom of the very first posting on the thread.
60 days! Wow!
I will take a look at that thread and check to make sure that I have all the necessary paperwork in order. I'd been thinking about returning to the US to get my permanent visa sooner rather than later...but maybe now, that won't be necessary.
Thank you,
Victoria
In fact, you get your passport stamped on the spot and you get everything you need in order to apply for your Carteira de Trabalho e Previdência Social - CTPS so you can work in Brazil if you wish.
You no longer have to worry about the VITUR 180 day per year limit, don't need to leave for any reason because you're PERMANENTE from the moment you apply.
Documents necessary for the application based on marriage to a Brazilian: (translated from Ministry of Justice website)
Application form, duly signed by the applicant; (They may or may not tell you you must get your signature notarized in the Cartório - if so it should be ONLY "Reconhecimento da firma por Autenticidade)
Clear and complete certified copy of your passport (including all blank pages) or equivalent travel document;
Certified copy of the Marriage Certificate;
Certified copy of the Brazilian spouse's identity (Registro Geral);
Declaration under penalty of law that they are not separated in fact or judicially, signed by the couple, signatures notarized in the Cartório; (again Reconhecimento da firma por autenticidade ONLY)
Declaration that the applicant has not been tried or convicted criminally in Brazil or abroad,
and proof of payment of the relevant fee. (GRU - Guia de Recolhemento da União paid at the bank)
You will also be asked to produce a certified copy of a document that shows the full name of your parents. If you made a certified copy of your Birth Certificate for yourself when you submitted the papers to the Cartório for your marriage, this should be sufficient. However, John C ran into a problem in Manaus, although he had his Birth Certificate, the delegado there insisted on an "Inscrição Consular" (Consular Letter), which was NOT necessary since the requirements list that only as an example of the documents acceptable and NOT the ONLY one. Actually since your Marriage Certificate shows your parents' full names they should really accept that, but every DPF delegacia makes up their own rules just like the Cartórios do, unfortunately.
For the registration in the RNE (Registro Nacional de Estrangeiro) and application for the Cédula de Identidade Estrangeiro you need to go to the Policia Federal website page http://www.dpf.gov.br/servicos/estrange … -e-anistia
Follow all the steps, in order No. 1 is the form you need to fill out with all your personal information (make sure that you are certain to use ALL names of yourself and your parents, your mother's full name must correspond exactly with how it appears on your Marriage Certificate (if you used her married name or maiden name, you should use that same name on this application to avoid horrible problems).
You need to generate and pay at any bank but preferentially Banco do Brasil (within 7 days of printing) the GRU for the following 3 fees:
Código Receita STN - 140066 Pedido de Permanência R$102,00
140082 Registro de Estrangeiro R$64,58
140120 Carteira de Estrangeiro de Primeira Via R$124,23

1. Do we no longer need "two 3 cm X 4 cm color photographs of applicant"?
2. Also, in place of a Certified Criminal Record Check, applicants may now submit a declaration saying that they haven't been tried or convicted criminally in Brazil or abroad?
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