Getting married in Brazil, Permanent Visa and documents required

I would get married in the U.S. and do permanency in Brazil, but wouldn't my fiance - who's visiting on a tourist visa - be committing visa fraud?

just a thought, after you apply for permanency and are waiting for the visa to go through, you can work in brazil, correct? i was wondering if i should get my college degree notarized and apostized before i go to brazil in order to use the degree when i apply to work. is this necessary? or can i just start applying to work and use my college degree regardless?

He would only be committing visa fraud if he applied for a green card immediately.  We got married in the USA in 2013. Very simple process. she did not apply for a green card.  We registered the marriage and came back to Brazil. We did the required paperwork here. I applied for my Permanency. It saved alot of paperwork and expense. We have now started to fill out paperwork for her green card to the USA.  It's only a problem if you apply for a green card immediately after getting married.

hm, that's interesting. what paper work would he need? where can i find more information? i tried finding info on this, but the only thing i found her K visas that relied on fiance visas.

would the marriage be recognized in Brazil?

All you will need is to get a marriage license  in the county you are getting married in and then you register it at the brazilian consulate. you will need to present a picture ID. i used my drivers license. After you get to Brazil you file some paperwork at the cartio. A lot less paperwork and cost.

That sounds good. But I haven't found anything on that. To get a marriage liscence in my county, you need to have a social security number which my fiancé doesn't have. I'll look stuff up at the Brazilian consulate but i need more information. Thanks!

So go to another county.  We were married in Illinois.  We just showed ID.

1. What exact documents did your wife use? Did they have to be translated in English by a sworn translator? Did they have to be notarized before coming to the US?

2. After you got married and went to the Brazilian consulate in the US was the marriage official when you got to Brazil? What did you have to do in Brazil once you got there?

3. What documents did you need to apply for permanence? Just the translated copy of the marriage certificate and declaration that you're not a criminal?

1. I believe my wife showed 2 forms of identity. Her passport and her Brazilian Drivers License. nothing had to be translated.

2.REGISTRATION OF MARRIAGE CERTIFICATE BASED ON LOCAL WEDDING

A - GENERAL RULES
The marriage celebrated by a foreign authority is considered valid in Brazil. To produce legal effects in the country must be registered in Brazilian Consular Office and later transcribed into 1st Clerk of the Civil Registry Office of the municipality of his residence in Brazil or the Clerk's Office of 1st Federal District. The transcript should be made preferably at the first opportunity in which one spouse travels to Brazil or within 180 days from the date of the final return to the country

- For registration of marriage, it is necessary in the presence of the Brazilian Consulate spouse, which will be the declarant and sign the term to be entered in the Book of Records. If both are Brazilians, either of them may be the declarant.

B - DOCUMENTATION
Upon registration you will need to submit the following documents:

a) Marriage Registration Form duly filled in and signed by the declarant, this
should be the spouse of Brazilian nationality;

- In case of proven physical or legal impediment of the Brazilian spouse, the Consular Authority may authorize, exceptionally, the foreign spouse can be the declarant.

b) The local Marriage Certificate;

- If  the local certificate  does not contain the required data. to the end of consular registration of the marriage, such as full name of both parents, nationality and date and place of birth, among others, the Consular Authority shall request supporting documents from both the Brazilian and foreign spouse.

- If the marriage took place in another country and jurisdiction , the marriage certificate must first be legalized by the Consular Division of competent jurisdiction. (i.e. If the marriage took place in a country other than where it is being registered the local Marriage Certificate must first be legalized by the Consular Division in the country of issue.)

c) prenuptial pact, if any. In this case, submit the original and, when deemed necessary by the Consular Authority, the official translation into Portuguese or English;

- If the local Marriage Certificate does not mention the property regime or in the existence of a prenuptial agreement, arrangements for the division of assets to be stated in the Brazilian register of wedding shall be the legal regime under the law of the place of celebration of the marriage.

d) Documents proving the identity of the Brazilian spouse:
- Passport, if expired; or
- Identity card issued by the Secretaria de Segurança Pública of a State or  the Federal District, or other state or federal agency; or
- License/Permit issued by any public agency that is recognized by federal law as a valid identity document throughout the national territory; or
- Identity document issued by a regulatory body exercising a profession regulated by law; or
- Driver's license with photograph issued by DETRAN;

e) document proving Brazilian nationality of the Brazilian spouse:
- Brazilian certificate of birth registration; or
- Valid Brazilian passport; or
- Certificate of naturalization;

f) in the case of a foreign spouse, passport or identity card and valid certificate of Registration of Birth, issued by the competent local authority;

g) in the case of a foreign spouse, declaration signed before the Consular Authority or notarized before local authorities, that the foreign party has never married and divorced a Brazilian before the present wedding.

h) In the case of the existence of a previous marriage of either spouse, the applicant must also submit, together with the documents cited above, as applicable:

- If Brazilian [marriage],  Marriage Certificate with proper registration of divorce, original and copy;
- If the spouse is deceased Death Certificate;
- A foreign [marriage], a document proving the divorce;
- If the foreign spouse has divorced a Brazilian , they shall submit the final divorce by the Superior Court of Justice in Brazil, even if the marriage had not been registered in a Brazilian Consular Office.

Note: All documents must be originals or certified copies
, accompanied by regular copies.

3.
Application for stay based on marriage, as provided for in Administrative Rule MJ 4/2015 and related legislation (article 75, II, "a" Law No. 6815/80 and RN No. 108/2014 CNIg):
Own application, available in https://servicos.dpf.gov.br/sincreWeb/ ;


Two (02) 3x4 size photos, recent, colorful, with white background.


Authenticated, clear and complete copy of passport or equivalent travel document;


Certified copy of marriage certificate;


Certified copy of the Brazilian identity card of the spouse;


Declaration that they are not separated de facto or deed, signed by the couple, with recognized firms;


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;


Proof of payment of the respective fee.


Revenue Code: 140066 - R $ 168.13 (Request for Permanence)

Revenue Code: 140082 - R $ 106,45 (Foreign Registration)

Revenue Code: 140120 - R $ 204.77 (Foreigner's Card)





Note :.  The documents issued abroad must be legalized by the Brazilian consulate and translated by a sworn translator in Brazil.

I hope this helps

Jim

Getting married in the US makes everything much quicker, easier, and cheaper.

Festive Yule to everyone. Blessed Be.

Apparently it would seem that way...(sigh).

Merry Greetings to all for the Festive season!!

May you be "Merryied" and happy by the same time next year.

Steven

I always thought it would be harder to get married in the US. But I didn't know that it wasn't visa fraud as long as you didn't change your status afterward. I hope the county clerk is lenient and doesn't need the documents translated. I'll let you know how things go. A happy holidays and happy new year to you all!

I will guarantee you that you will not have to translate.  They will be looking for a the name and a picture.

jland912 wrote:

I will guarantee you that you will not have to translate.  They will be looking for a the name and a picture.

And money. In California it's about $23.

HI Jland, i was wondering if my Brazilian fiance and I get married in the U.S. on a tourist visa, and go back to Brazil right after, can he still apply for a green card a year or two after and it wont be a problem? like visa fraud?

I don't think you will have a problem if you wait at least a year. Just go back to Brazil and there will be no problem. It would be a problem if you stayed in the US and applied. I know someone who applied and was accepted after a year. We are in the process now. We need to get a document that I don't have before we can finish. My wife has been receiving cancer treatment so we cant travel.

I've been doing a lot of digging and have found that you all were right. everything would be easier if we got married here in the US. I was wondering if anyone went to the Brazilian consulate in the US and registered their marriage and applied for their VIPER in one day. I also wanted to know if anyone got their VIPER via the Brazilian consulate rather than doing it in Brazil. And is it easier? Thanks!

I did my viper in Brazil. It is much easier. There is less paperwork. If  you have all of the documents that I indicated you will be approved on the spot. They will give you a protocol which  is your temporary RNE/CIE. you will be free to travel. In about 60 days your CIE will be ready. It's now very simple.  Definitely do it in Brazil.

Jim

That's exactly what we were told to do by the cartorio here. Visit the US, get married there, and register the marriage at the consulate and get my Brazilian residency at the same time. However, my tourist visa expired in December of 2012, so my situation is a little different.

jland, not to be redundant, but can you list those documents for us again please, and where to get each of them?

http://www.justica.gov.br/central-de-at … os/entradahttp://www.pf.gov.br/servicos-pf/estran … -casamento

1. I believe my wife showed 2 forms of identity. Her passport and her Brazilian Drivers License. nothing had to be translated.

2.REGISTRATION OF MARRIAGE CERTIFICATE BASED ON LOCAL WEDDING

A - GENERAL RULES
The marriage celebrated by a foreign authority is considered valid in Brazil. To produce legal effects in the country must be registered in Brazilian Consular Office and later transcribed into 1st Clerk of the Civil Registry Office of the municipality of his residence in Brazil or the Clerk's Office of 1st Federal District. The transcript should be made preferably at the first opportunity in which one spouse travels to Brazil or within 180 days from the date of the final return to the country

- For registration of marriage, it is necessary in the presence of the Brazilian Consulate spouse, which will be the declarant and sign the term to be entered in the Book of Records. If both are Brazilians, either of them may be the declarant.

B - DOCUMENTATION
Upon registration you will need to submit the following documents:

a) Marriage Registration Form duly filled in and signed by the declarant, this
should be the spouse of Brazilian nationality;

- In case of proven physical or legal impediment of the Brazilian spouse, the Consular Authority may authorize, exceptionally, the foreign spouse can be the declarant.

b) The local Marriage Certificate;

- If  the local certificate  does not contain the required data. to the end of consular registration of the marriage, such as full name of both parents, nationality and date and place of birth, among others, the Consular Authority shall request supporting documents from both the Brazilian and foreign spouse.

- If the marriage took place in another country and jurisdiction , the marriage certificate must first be legalized by the Consular Division of competent jurisdiction. (i.e. If the marriage took place in a country other than where it is being registered the local Marriage Certificate must first be legalized by the Consular Division in the country of issue.)

c) prenuptial pact, if any. In this case, submit the original and, when deemed necessary by the Consular Authority, the official translation into Portuguese or English;

- If the local Marriage Certificate does not mention the property regime or in the existence of a prenuptial agreement, arrangements for the division of assets to be stated in the Brazilian register of wedding shall be the legal regime under the law of the place of celebration of the marriage.

d) Documents proving the identity of the Brazilian spouse:
- Passport, if expired; or
- Identity card issued by the Secretaria de Segurança Pública of a State or  the Federal District, or other state or federal agency; or
- License/Permit issued by any public agency that is recognized by federal law as a valid identity document throughout the national territory; or
- Identity document issued by a regulatory body exercising a profession regulated by law; or
- Driver's license with photograph issued by DETRAN;

e) document proving Brazilian nationality of the Brazilian spouse:
- Brazilian certificate of birth registration; or
- Valid Brazilian passport; or
- Certificate of naturalization;

f) in the case of a foreign spouse, passport or identity card and valid certificate of Registration of Birth, issued by the competent local authority;

g) in the case of a foreign spouse, declaration signed before the Consular Authority or notarized before local authorities, that the foreign party has never married and divorced a Brazilian before the present wedding.

h) In the case of the existence of a previous marriage of either spouse, the applicant must also submit, together with the documents cited above, as applicable:

- If Brazilian [marriage],  Marriage Certificate with proper registration of divorce, original and copy;
- If the spouse is deceased Death Certificate;
- A foreign [marriage], a document proving the divorce;
- If the foreign spouse has divorced a Brazilian , they shall submit the final divorce by the Superior Court of Justice in Brazil, even if the marriage had not been registered in a Brazilian Consular Office.

Note: All documents must be originals or certified copies
, accompanied by regular copies.

3.
Application for stay based on marriage, as provided for in Administrative Rule MJ 4/2015 and related legislation (article 75, II, "a" Law No. 6815/80 and RN No. 108/2014 CNIg):
Own application, available in https://servicos.dpf.gov.br/sincreWeb/ ;


Two (02) 3x4 size photos, recent, colorful, with white background.


Authenticated, clear and complete copy of passport or equivalent travel document;


Certified copy of marriage certificate;


Certified copy of the Brazilian identity card of the spouse;


Declaration that they are not separated de facto or deed, signed by the couple, with recognized firms;


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;


Proof of payment of the respective fee.


Revenue Code: 140066 - R $ 168.13 (Request for Permanence)

Revenue Code: 140082 - R $ 106,45 (Foreign Registration)

Revenue Code: 140120 - R $ 204.77 (Foreigner's Card)





Note :.  The documents issued abroad must be legalized by the Brazilian consulate and translated by a sworn translator in Brazil.

I hope this helps

Jim

Yeah Mike your situation is unfortunate. I was a tad naive thinking the process was as simple as Canada. A friend of mine, a Philippino married a Canadian girl. I was awed by the simplicity of our Canadian laws. Brazilians think our laws are rigid ( this from the Police federal himself). They are rigid only if you want to come and work in Canada without going through the process.

Thanks for all your help Jland. I will get married in the U.S. and then go back to Brazil with the documents and apply for the VIPER.

I'll let you all know how it goes.

Happy Holidays!

Good Luck. If I can help you further just ask.

There's a new law that states that documents issued after August 16 of this year no longer have to be legalized or recognized by a Brazilian Consulate. They now have to have an apostille affixed by the issuing authority. In the US this seems to normally be the state's Secretary of State.  I'm waiting on those documents now. My mom sent them on the 15th and they should be here in Brazil somewhere by now, although the last scan of the tracking tag showed it leaving Los Angeles on the 20th.

I'm just worried about that part about my parents' place of birth. I don't know if my birth certificate has that info.

Your birth Certificate will not have your parents place of birth. I don't believe that will be required.

Phew.

The declaration that you're not separated from your Brazilian spouse that you need for the VIPER is provided by the PF correct? Same with the declaration that you've never committed a crime?

That is correct.

Hi everyone, for those of you who married in the U.S. registered the marraige at the BR consulate in the US, and then went back to Brazil, did you just go to the cartorio to verify the marriage in Brazil once you arrived? how was that process?

also, before I go to Brazil I need to register the marriage at the consulate and apostate the marriage license. but which marriage license do I apostate? does the BR consulate stamp the original marriage license, change it, or make their own copy? will the NJ secretary of state accept that when i apostate it before applying for my VIPER?

Look on the local consulate's site for their instructions. I was told to bring the original marriage certificate to the consulate.

We took a certified copy of the marriage license to the consulate. We returned 6 days later. The consulate will give you a marriage certificate in Portuguese My wife signed the book of record.  when we returned to Brazil she registered it at the cartório.

Sounds good! Thank you

jland912 wrote:

We took a certified copy of the marriage license to the consulate. We returned 6 days later. The consulate will give you a marriage certificate in Portuguese My wife signed the book of record.  when we returned to Brazil she registered it at the cartório.

Just to clarify, because they translate in portuguese, does that mean i don't need to get it apostated by the secretary of state in the U.S. before i give it to the cartorio/PF?

This was not required by us but I think it is something new. Here is some info that I found.

http://www.nass.org/state-business-serv … tications/

Thanks. I'll get the US original one apostated by the state before I go to Brazil. And I'll use it for the VIPER.

But the one that the consulate gives us, the Portuguese one, will be their own certificate, it will not physically effect the original English one, correct?

It looks like you won't need to go to the Brazilian consulate to register anything..   Here is some information that might help.  This is new to me so you will want to research this link.

http://novayork.itamaraty.gov.br/en-us/ … #apostille