Getting married in Brazil, Permanent Visa and documents required

Parabéms Steven!

Lrover16 wrote:

I wanted to let you all know that Maria Vilma and I got married December 14th without a hitch and no interpreter.
We are off to the PF on the 22nd. I'll update you then.

Steven

Hey Steven

Again, congratulations on the nuptials. Question for you (actually 2): What's the name of the place that foreign documents have to be registered in after translation? Does the translator do this, or do we have to?

HI Mike,

Sorry for the delay. Thanks again for your well wishes. The lawyer/Cartorio Roberto, my lawyer, is responsible for marriages in Linhares. My wife is trying to explain that to remain unbiased and objective, Roberto sent me (well us but for me) to another Cartorio who only registration of foreigners in Linhares:
http://www.cartoriomgpimentel.com.br/
YOU need to bring the translated documents to the Cartorio who will register you and only you. The cost depends on how many pages the translator took to translate you divorce act. One translator said he needed to translate my 7 pages into 9. Another one said she could do it in 7. So that document, you bring it to the Registrar Cartorio and pay the fee. They subsequently enter you as a resident of Sao Paolo (but not a citizen). Oh! Bring a bill like the electricity or cable just in case.
What the translator does is basically translate everything, that's it. Shop around. My documents were in French so the pickings were slim (2). Which tells me I have a future in legal translation if I wanted to go through that.
Don't hesitate to ask me more questions.

Steven

I understand that before going to get the CIE, there's some sort of national registry that my documents have to be registered with.

Hi everyone, I have a question, has any US citizen who has married in Brazil used the cedula consular? This is the single affidavit form that you can get from the U.S. consulate/embassy in Brazil to prove that you are free to marry. However, I thought these kinds of forms need to notarized and apostated by the US gov't before you go to Brazil...any thoughts?

Lastly, the birth certificate that will get the apostate by the state is a certified copy correct, not the original?

"Affidavit of Eligibility to Marry:  Some countries require an affidavit by the parties as proof of legal capacity to enter into a marriage contract.  No such government-issued document exists in the United States.  You may execute such an affidavit at a U.S. embassy or consulate.  The U.S. embassy or consulate cannot attest to your marital status; however, most countries will accept a statement from you regarding your ability to marry if your signature on the affidavit has been notarized by a U.S. consular officer."

Yes the Birth Certificate is a certified copy less than 180 days old.

Single status:  statement (notarized of two witnesses) of non impairment for the marriage of the betrothed Note: the witnesses shall be Brazilian and they cannot be relative or similar, and two authenticated copies of their ID and CPF documents shall be attached

so does that mean I do not need to get a free to marry form in the U.S.? Just from the U.S. Embassy in Brazil?

I have another question, for those of you with VIPERs, for your background check did you use a local police one or an FBI one? I have no criminal background so I think a local one should be fine, but I don't know. Also, does it need to be issued within the last 90 days when it's notarized/apostated or when it arrives in Brazil and is used for the VIPER?

You just make a declaration that you are single and you get 2 Brazilians not related to you to confirm it.

The federal police will give you a declaration that you sign stating that you have no record in Brazil or abroad.

And what if you DO have a record abroad? Let's say you have a charge of marijuana possession that is 10 years old, and some slightly more serious stuff that is more than 20 years old? IS the "declaração de responsibilidade" that they sent me for my wife to sign something that will suffice?

you are talking about 2 different things. What she signed was financial responsibility. The Criminal declaration is different.  The choice you have is to declare it and take a chance or don't declare it and take a chance.

Hmmm.

Probation violation three times( 97,98, 99). Welfare fraud (96). Commercial burglary once. (97). Marijuana possession once (00). But thanks to the new law in California, I should be able to get the possession charge dropped.

Thank you.

So are you saying I don't need to get a police background check before I go to Brazil? I can just sign what the federal police give me?

Also, about the free to marry form, can I get that in Brazil or should I get one here in the U.S.? How do I make one?

Lastly, will the cartorio make certified copies of my passport and entry card? I don't need to do that myself, correct?

You shouldn't need the police record unless the federal Police has changed it back.

There is no official free to marry form you will need to draw it up and get 2 witnesses to attest to it. they have to be Brazilians not related to you.

Every page of your passport has to be translated and certified.

you should go to the website of the PF and where you are getting married to verify that nothing has changed.

Hello Everyone,

I should be able to help some or all of the questions above. I just came back from Policia Federal today (22/12/2016) in Sao Mateus. Unfortunately it was disappointing but I'm probably partly to blame for this.
Having scrutinized James' comments on Permanency in Brazil, I arrived prepared with all  documents for the Police Federal. These are:

1) My request for Permanency that you can find on their website at https://servicos.dpf.gov.br/sincreWeb/ ;

2) 2 pictures 3 x 4 of me in front of a white background;

3) A copy of my passport and all of its pages;

4) My original wedding certificate;

5) A copy of the my wife's CPF and "identidade" ;

6) A sworn and notarized statement that I am/was free of any other relationship (i.e. separated) here in Brazil or any other country; (I'll come to this later)*

7) A sworn and notarized statement that I have no criminal past or on a probation for a criminal past for the last 5 years here in Brazil or abroad; (I'll come back this as well)**;

8) All three (unpaid) invoices which you can find at https://servicos.dpf.gov.br/gru/listaRe … jsp?rec=2#
These are invoice
140066          R$ 168,13
140082          R$ 106,45
140120          R$ 204,77

These are supposed to be paid PRIOR to arriving at the Police Federal but I was hoping to delay some of these payments. Turns out I can. 140066 needs to be paid immediately after the wedding. The other two within 6 months.

So I was saying it was disappointing day at the PF mostly my fault. You see, Sao Mateus being so small the clerk for foreigners is only there on Tuesdays between 3 and 4:30...I should have called, my fault. I'm guessing the clerk in Vitoria is probably there full time.
Anyway, that was mistake number one.

Let's go back to #6. It's important to note that I did not need this for my wedding last week. Having said that, a Cartorio in Serra (near Vitoria) clerk was power hungry and told me that 1) I needed to go BACK to Canada; 2) pay for a Notarized statement indicating that I was single and NOT in the process of divorce; 3) have it approved by the local consulate; 4) fly back here; 5) have it translated by JUCEE and enter it as proof for my wedding. THANKFULLY, my lawyer here said it was pure ridicule and it was not necessary.
Now the PF is not that demanding. It only requires a sworn, notarized statement from your local Cartorio (my lawyer).
I had this so no problem.

Let's go back to #7. I don't think I understood James' explanation on this so I did not produce it when I showed up at the PF. It turns out as I indicated above, a sworn and notarized statement from your cartorio IS required stating that you do NOT have a criminal past within the last 5 years or on probation within the last 5 years.

So I need to back next Tuesday with the documents to get my 6 month extension. As I said before, I will need to pay the other two requests within that 6 months to obtain my permanency.

I hope I answered some questions.  I did see the Ministerio de Trabalho e Emprego to get my Work permit but I was told I would need to go to Vitoria for this because my small city doesn't do foreigners. I'll write a separate post for this later.

Steven

Jland,

The PF did not tell me today that my Passport needed to be translated. But they did tell me that I needed to photocopy every page. Certification was not required.

As for the witnesses for the wedding, my wife used her son and daughter as they are of adult age. She did indicate to the cartorio that they were here children and this was not a problem either.

Steven

The criminal declaration is a form that The PF in Vila Velha handed to me. I filled it out, signed it and gave it back. i did not need to get it notarized or certified. check the PF site to be sure.

Jland, thanks! I will have a peak...again and again.

5 Years?  Whew!  I've been HERE for almost 5 years. That's a huge relief. Now hopefully that's nationwide.

Hi Jland, how did you get the free to marry/single affidavit to prove that you could marry?

We were married in USA.  I did have to produce divorce decree to the Brazilian consulate to register our marriage. Yours is a different situation. From what I understand you can write your own certificate and have 2 Brazilians witness it. I don't think one exists you drawup your own.

statement (notarized of two witnesses) of non impairment for the marriage of the betrothed Note: the witnesses shall be Brazilian and they cannot be relative or similar, and two authenticated copies of their ID and CPF documents shall be attached

"Note: the witnesses shall be Brazilian and they cannot be relative or similar, and two authenticated copies of their ID and CPF documents shall be attached"

I've stated this above, her son and daughter acted as witnesses with their CPF and no problem arose. They did come three times. 1) To present themselves as our witnesses and sign; 2) to agree to the wedding date and sign; 3) at the wedding day of course when they signed again as witnesses to our wedding.

It might be a regional thing???

As for the Criminal past form, Jland, I have yet to find it on their website.

Mike, I'll scan and attach the form they gave me today. However you can find it on their website.

Steven

http://www.pf.gov.br/servicos-pf/estran … -casamento

You will find this and other requirement in the above link
The PF has the declaration.

Declaration that he has not been prosecuted or convicted criminally in Brazil or abroad if he has not been married for more than 5 years;

Hi Steven,

I don't mean witnesses like at the wedding. I'm talking about the free to marry form. I guess I have to make my own Jland? How do I make my own? What kind of paper does it have to be on? What information should I list?

Thanks!

"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."

https://br.usembassy.gov/u-s-citizen-se … 1482118869

has anyone from the U.S. used the U.S. embassy to prove marital status to be married in Brazil? was it approved by your cartorio?

Hi Cheyenne,

Yes you have to make your own.  I made this one:

To whom it may concern,

I, Steven Payne, do solemnly declare that I am single, that I do not have pending litigations concerning past mariages and relationships. Hence I am free to marry.

Respectfully,

Steven Payne

Thanks Steven. Did you get this notarized and apostized in your home country? Also did you just print it out on a regular piece of paper? Do you have to have it re-certified in Brazil before you marry?

Read this thread it may help.   

https://www.expat.com/forum/viewtopic.php?id=371494

Thanks Jland. It did help. I found other people using the route I'm going to and using the YS consulate in Brazil form to attest to their single Status. But I'm still going to try to find something equivalent in the US. Just in case.

Lastly, I know for the VIPER you need a police background check. But it doesn't specify on the PF website of how extensive that background check needs to be. I'm going to get one from my town, but would it be better to get one from the state? They also make it confusing because they have a PDF file on the website which is the declaration that I have no criminal record. Do I just need tht? Should I get the extra town background check just in case?

If you go to the PF site you will see that it now says you need a declaration stating that you have no criminal backround in Brazil or abroad. The PF officer had this document. I filled it out signed it and gave it back to him. I did show up with a police background check but he handed it right back.

Declaration that he has not been prosecuted or convicted criminally in Brazil or abroad if he has not been married for more than 5 years

jland912 wrote:

If you go to the PF site you will see that it now says you need a declaration stating that you have no criminal backround in Brazil or abroad. The PF officer had this document. I filled it out signed it and gave it back to him. I did show up with a police background check but he handed it right back.

Declaration that he has not been prosecuted or convicted criminally in Brazil or abroad if he has not been married for more than 5 years

"Declaration that he has not been prosecuted or convicted criminally in Brazil or abroad if he has not been married for more than 5 years"

I'm guessing this last part means I do not need a police background check, just the declaration like the PF website says. I do not need a police background check. Correct?

That is correct. Sometimes there is alot of confusion.  The PF has a different set of requirements than the consulate. This confuses people.

Jland,

When did you do this PF criminal documentation signing? I seem to be up against a whole set of new rules.

Steven

I did it in 2014. If you go to the PF site you will find the declaration.  If you are looking at the consulate site you will find that they require a criminal background check from your home country.

Hey Jland,

The PF in Sao Mateus printed it out for me. You must have had some easy going PF agent that day. I had someone who was by the book. I went back to my lawyer and we went through each requirement step by step. It is not that easy and cheap. I'm going back next Tuesday. I thought my papers were in order but apparently I was missing a couple of extra ones. I can't say which ones yet because I feel he may have padded the required documents to suit his wallet. Nice lawyer, saved me lots of money already...maybe he's trying to get some back. It wasn't a good day.

I'll talk to you guys and gals on Tuesday after my return from Sao Mateus. Hopefully I will have a smile on my face.

Until then, Peace and good will to you all for the festive holidays. Sorry I'm not that religious so I keep the greeting pretty neutral.

Take care,
Steven

jland912 wrote:

I did it in 2014. If you go to the PF site you will find the declaration.  If you are looking at the consulate site you will find that they require a criminal background check from your home country.

yes, i found the declaration on the website. i hope that's all i'll need.

I'm going to make my own single status affidavit and get the one from the U.S. consulate in recife. in addition, i will get a police background check just in case.

you can never be too careful.

Agreed Cheyenne, I am making sure that all the T's are crossed and the i's are dotted. Good that you are doing that too. My lawyer took my letter and approved and certified it.  Charged for it as well but that's another thing.
Once I've passed the test, I will write a new post. James offered a nice post way back then. His intentions were good.  However, with what I am presently experiencing I think it's best to start anew for both the wedding and permanency requirements.

Steven

I was just wondering. If you are in the US now ,why not just get married there?