Brazilian married and divorced in the US and remarrying in Brazil

Hi Laura,

First of all in legal terms "single" really means NEVER MARRIED. So, you aren't single.

Your marital status is and always will be "divorced" until such time as you re-marry. So you must declare the fact that you were married and divorced, regardless of whether or not the marriages/divorces were registered in Brazil. You therefore MUST produce a legalized copy of your (last) divorce decree (or Certificate of Divorce) in order to apply for "Habilitação de Casamento" at the Cartório if you marry in Brazil. (note: the first one is a moot issue since you couldn't have re-married if that marriage hadn't been disolved judicially).

Since you're both Brazilian citizens it will be much easier if you were to marry here in Brazil, less bureaucracy involved for you as opposed to us expats. Unlike most foreigners you will only need to produce the documents that are required for any Brazilian in order to marry here, we "gringos" have to produce a mountain of paperwork that you don't (lucky girl!!!). Then you would need to contact the US Embassy to find out how you register your foreign marriage with them. Your fiancé will have exactly the same right to apply for his "green card" as anyone marrying a born American since you're also a US citizen. I don't think there is going to be much difference in how you apply or the bureaucratic part of the process between applications made at the Embassy here or at the INS back in the states. I also think that you're better off just sticking to the one wedding here and just register with the Embassy. Getting married both in Brazil and the USA could actually end up complicating things. For example (not that it's going to happen) if the marriage failed you may well need to go through two separate divorces one here and another in the USA.

The problem with marrying in the USA is not with you, but rather that your fiancé must have the appropriate visa, a K-1 Fiancé Visa to avoid the potential problem of the INS looking into the possibility of Immigration Fraud, which they love to do. While you can get married on a B-1 Visit Visa if you marry within the first 90 days they automatically start digging. If one enters the USA on a Visit Visa with the intention to marry this is Immigration Fraud and can result in the alien being banned from re-entry to the USA for a period of 5 years. You don't want to go there, trust me!

Hope this helps you make your decisions.

Cheers,
William James Woodward, Expat-blog Experts Team

Hi William,
Thank you so much for your prompt and helpful answers.
I have just one little question regarding "legalized divorce papers". What should I do with the foreign certificate of divorce? What is the procedure in order to have it recognized and accepted in Brazil?
(I have marriage and divorce papers for two previous marriages, but apparently I have to produce only for the last one, correct?)
Regarding the issue of applying here or in the US for a green card, I have heard that the process takes a lot longer if applied here than in the USA, and that we would need to wait several months or years until we will be able to enter the US. Is it a reality?(While, if we married there, we would be there already. But then the fiancee visa may also be not be the fastest kind either). We are not in a hurry to move to the USA, but we want to be able to do so anytime we want, and it may be sooner than it is approved by the INS.
Thank you again!
Laura Shimizu

Hi Laura,

All foreign official documents (Birth Certificates, Death Certificates, Divorce Orders/Certificate, etc.) must have two things done to make them "legal" in Brazil.

They must be authenticated (stamped) by either the issuing country's Foreign Affairs Department (if done outside Brazil) or by their Embassy or Consulate (in Brazil).

They must also be legalized by the Consulado-Geral do Brasil in the issuing country. Essentially this again is like authentication, but now by the Brazilian government. It's just another way of getting money out of you before you even get to this country, serves absolutely useful purpose (because the damn thing was already authenticated by your government).

It is done because in Latin American countries SIGNATURES mean everything they must be witnessed and/or authenticated for absolutely everything imagineable, so since the signatures  on the documents issued in foreign countries aren't authenticated (even though the document itself always bears some kind of official seal). Anyway that's the EXCUSE they use for the practice.

You're correct in understanding that you will only need the documents for the second divorce and not for the first.

Regarding the "green card" for your partner if you're planning on staying in Brazil for more than a year anyway, it's probably better to apply here since you're already here and the process will run during your time here. It may even be a quicker process outside the USA, just like it is for us applying for Brazilian VIPER visas outside Brazil (3-6 months as opposed to 2 years or more).

The only thing that I would advise you to check is what is the INS policy on entering the USA once you've applied for the "green card" abroad. When we apply for a VIPER from abroad, we are not allowed to enter Brazil until the Permanent Visa has actually been issued (not even under any other kind of visa). So, if the INS has the same policy and you had to return to the USA due to some emergency or even for a vacation during the time you were waiting for your partner's "green card" to be processed then coming along with you simply would not be possible. I doubt that will be your case, I think that is only done here in Brazil, but it's worth checking out!

Cheers

Thank you sooooo much, William, for all the detailed information.
As I am already here in Brazil, have all the documents gone through the Brazilian Consulate in the US will be a major issue. I was not anticipating that. I will check if there is any way that I can have it authenticated by the American Consulate and then to have some other agency within Brazil that can do the second authentication.
In regards to not being able to enter the US while the immigration proceedings are going through, it must be true. I have a friend who thought that it would be faster to apply in Brazil, so she flew from the US and applied here. What happened is that she had to wait almost 2 years until she got her temporary alien card, and to make matters worse, the husband stayed in America as he couldn't come due to his work. But this was almost 20 years ago. Hopefully things have changed (but I doubt it). The reverse is also true: during the immigration proceedings in the US, the applicant can't leave the country unless for an emergency case and properly authorized by the INS.
I am going to check with the local cartorio about an alternative way to all this bureaucracy. But again, I doubt it has any. Thank you, William!

Hi Laura,

The Consulado-Geral do Brasil in the USA that has jurisdicition over the city where you resided last, will accept documents for legalization by mail or courier. I'd recommend the latter for both security and speed. You should also include a pre-paid return envelope from the same courier for the return of the documents you need legalized. I had all of mine legalized exactly that way without any problem whatsoever. You should check with them regarding the fee for legalization of each document and include a check drawn on a US bank or a US dollar bank draft to pay the fees with the documents. It should have a rather quick turn-around time if done by courier. It's really quite hassle free that way.

Cheers

There are several interpretations on the subject, the most common being that, *any* divorce of a brazilian, to be legally valid in Brazil, must pass through homologation, and that includes divorces of marriages that have never been registered in the consulate, which leads to the ridiculous situation where a person, married abroad and divorced abroad years ago, must register the marriage in Brazil, in order for the Superior Tribunal of Justice to do a homologation.

Personally I don't agree, I think the translated divorce decree should be accepted. However, you may find yourself is a situation where they refuse to accept the translated divorce decree.

OMG, and here I thought the Brazilian government went out of their way to make things complicated for us gringos! It's obvious that they do everything they can to make them that much more complicated for their own citizens!

I agree with you, it's absolutely ridiculous to think that one would have to register a foreign marriage that had already been long since disolved judicially, in order to have a homologação take place so they'd be divorced in Brasil.

I certainly hope that in this member's case the legalized and translated divorce certificate would be accepted.

Cheers,
William James Woodward, Expat-blog Experts Team

I am An American citizen who married a Brazilian Citizen. We married both in the United States and then in Brazil. I filed for divorce here in Texas which was granted  by Default Since she refused to Respond to the original divorce petition. she was properly served in Brazil with divorce papers.

we have two children. One lives with me in Texas and has been in my sole care for the last 6 years. our daughter lives in Brazil with her mother and has Been in her care for the past 6 years. The divorce decree granted us joint managing conservatorship  in terms of custody.

I now wish to have the divorce recognized by the Brazilian courts, however, my ex  has proven to be extremely unresponsive and uncooperative in this process. What happens if I file A homologation to have the divorce recognized by the Brazilian Court? Does she have to be in agreement for recognition of the divorce for the Brazilian Court to recognize the divorce and then legalize it In Brazil?

I have since remarried here in the United States.

Hello jedimaster22,

No, in fact, I don't even think that she has to be (or even will be) aware of it should you file for "Homologação da Sentença de Divorcio Estrangeiro" here in Brazil. Essentially the Courts here are simply ratifying the foreign divorce order. Homologação must be done by the STJ - Supremo Tribunal da Justiça in Brasília. You will require a Brazilian lawyer to arrange this for you.

Cheers,
William James Woodward, Expat-blog Experts Team

Thank YOU so very much for your response and the valuable information you've provided.  If I may, I have a few more questions.

Is there a time frame of how long this process normally takes?
Is this an expensive process?
Are there any firms or lawyers you could recommend in Brazil?
Lastly ,what possible issues could I be facing  should I Need to travel to Brazil before the Brazilian Court recognizes  my divorce granted Here in Texas, USA?

My ex from Brazil ensured me that she would handle this but I know that's not going to happen so I will need to do this.

thank you thank you for your time

Thank YOU so very much for your response and the valuable information you've provided.  If I may, I have a few more questions.

Is there a time frame of how long this process normally takes?
Is this an expensive process?
Are there any firms or lawyers you could recommend in Brazil?
Lastly ,what possible issues could I be facing  should I Need to travel to Brazil before the Brazilian Court recognizes  my divorce granted Here in Texas, USA?

My ex from Brazil ensured me that she would handle this but I know that's not going to happen so I will need to do this.

thank you thank you for your time

Sorry, I don't know any lawyers in Brasília, but I'm sure that if you were to contact the US Embassy or Consulate in Brasília they would be happy to supply you with a list of English speaking lawyers (without recommendations).

Only a lawyer is going to be able to give you any kind of idea regarding timeframe or cost. I don't think it will be necessary for you to actually come to Brazil in order to do this, but certainly in terms of being available to sign documents, etc., it wouldn't hurt. I'm sure that a lawyer, acting on your instructions, can handle it alone.

Just a thought and maybe way off the mark...... does your interest in Homologação by any chance have anything to do with a dispute over custody and/or access to the child here? If so, you may be wasting your time anyway, since Brazil is notorious for non-compliance under the Hague Convention on the Civil Aspects of International Child Abduction.

The reason for this, your child (regardless of where born) is considered ONLY to be a Brazilian citizen while here in Brazil. The courts are probably going to refuse at every step of the way to enforce any kind of foreign court order that would seek to remove a Brazilian child from this country. Just think back to the Sean Goldman case.

Also, don't risk bringing your other child here, for exactly the same reason....... you may not be able to take him back home with you. Be careful.

Dear William, Thank you so very much for your response and the valuable information you've provided.  If I may, I have a few more questions.

Is there a time frame of how long this process normally takes?
Is this an expensive process?
Are there any firms or lawyers you could recommend in Brazil?
Lastly , What possible issues could I be facing  should I need to travel to Brazil before the Brazilian Court recognizes  my divorce granted Here in Texas, USA? I'm concerned about the fact that technically still legally married in Brazil but yet I am married to another woman in America.

My ex from Brazil ensured me that she would handle this but I know that's not going to happen so I will need to do this.

Thank you for your responses and your Gracious time.

Dear William,

Thank you so much for your response. I have learned the hard way that there's no way to get my other child  back with me here in America. The reason for wanting to have the Brazilian courts recognize my divorce is so that technically I will not be married to two women in two different countries. I'm also very concerned that should something happen to me what would happen to my wife in America In respect to my assets Etc  even though  my divorce decree did not award her any marital assets.

Yikes, sounds like you've really suffered. You have my sympathies for sure.

I guess it goes without saying then you wouldn't risk bringing your other child to Brazil. Regarding the divorce in the USA there really is absolutely NOTHING your ex-wife could do, her legal rights were extinguished long ago. Despite the fact that the marriage has not been judicially disolved here in Brasil that doesn't give her any leverage whatsoever. There is absolutely no way she could show up in the USA following your demise and assert any rights. While she certainly could TRY, the judge would laugh her right out of the courtroom..... any judge.

Now regarding being technically married.... you probably aren't even technically married in Brazil, despite having to go through the formality of homologação. In theory just as a foreign marriage is recognized in Brazil (registered or not) a foreign divorce should also be recognized. The only difference being that in order for you to be "free" to marry another Brazilian (should you choose) would be homologation. Other than that your ex even here in Brazil has no claim on you at all.

Cheers,
James

Dear James,

You have delivered such wonderful and uplifting news for me. James, when you say that my ex technically has no claim on me in Brazil what  does that mean specifically? Does it mean we are no longer legally married in Brazil too?  Again, we were married both in the United States and then three months later in Brazil back in 2003.

It was an absolute nightmare getting  my divorce finalized in the United States. Due to the lack of knowledge in the legal community re: international divorce (most notably Brazil). 
Along with the deliberate procrastination and  outright refusal to cooperate from my ex. The entire process took two years and two lawyers. 

Finally, I was able to have my divorce granted in the courts by default because my ex refused to respond to the divorce petition after being served.

While I was in the process of having my divorce finalized here in the United States my ex  told me one day by phone she would never sign divorce papers. (good thing is, Texas doesn't require the
Respondent/defendants signature in a divorce matter only that they be duly notified and served in accordance with the terms of
the states law.

I want to travel to Brazil to see my daughter  and bring  my wife. However, my wife
Will not go to Brazil if I am still legally married to her mother In Brazil.

This Nightmare  has been long and difficult. Bottom line, I just want to make sure that I'm not married to this woman and that she can never have any legal recourse over me even in Brazil.

James, thank you so very much for your timely responses. Thank you for taking the time to answer my questions and being  there to support someone like me in my situation.

Warm regards

While in the most technical terms, you are still married to this woman in Brazil there is such a thing as the validity of foreign court orders and the necessity for other nations to recognize them. So, registered or not, Brazil does have a certain "obligation" for lack of a better word to recognize the fact that you have divorced this woman in the USA. You are divorced, that divorce is valid even here in Brazil, the only difference is that it has not yet been registered here. That simple fact does not change the fact that the marriage was judicially disolved. Your ex-wife cannot "un-ring the bell" and somehow claim you are still married, just because the paperwork hasn't landed on a Brazilian judges desk. Even Brazilian courts, like it or not must follow international laws and also accept that there is a small thing called soverignty of foreign nations and jurisprudence. There is no chance on earth that your divorce would not be recognized here.

Essentially the homolgation is little more than a formality and there is absolutely no chance whatsoever that the STJ would deny "Homologação da Sentença de Divorcio Estrangeiro". Your US divorce, even though it is not yet registered here is in and of itself a very weighty legal document that MUST be taken into full consideration by a court anywhere in the world.

I don't know this woman, but let's suppose she was foolish enough, or crazy enough to think that she has some claim against you and tried either to block the homologation or seek redress of some kind through the courts she would get laughed right out of the courtroom. Mostly due to the fact that she elected NOT to be present or represented by legal counsel when served with the divorce petition. Like the old legal concept goes.... you can't bring in through the back door that which you couldn't bring in through the front door. That applies almost everywhere.

Really as it stands right now, the ONLY thing that it means is that you cannot marry another Brazilian woman (now), but certainly that's nowhere in your plans. 

Dear  James,

If only I had been able to make contact and converse with you some two years ago, perhaps a great deal of the confusion, stress, and absolute chaos which encompassed my life while trying dissolve my marriage could have been alleviated.

Since you can't turn back time, It is my hope that someday someone who is facing a similar situation such as mine will read our posts and gain some very valuable and desperately needed knowledge and Guidance

keep doing what you're doing, Sir. Speaking to you through this blog has been a blessing and I appreciate you more than you know.

I am confident I will have a question or two for you in the near future. I am so grateful to have found someone with your expertise and willingness to help someone in my position.

All the best,

Believe me I know exactly how much you appreciate it,  because I know how much I would have appreciated someone who I could have turned to for the much needed information about almost everything here in Brazil when I arrived almost 13 years ago now. That was back in the days before Expat-blog even existed. I had to learn by trial and error and to re-invent the wheel more times than you can possibly imagine.

That was exactly what prompted me to volunteer my time as Brazil Expert when I was invited to do so by our founder Julien, and why I put in so much time and effort here; to prevent others from making all the same errors I made and pitfalls that I encountered in the past. It's worth it too.... because of people just like you, and there's lots out there!

Cheers,
James

Thank you again for your time and  gracious support.

If I can ever be of service to anyone who resides in the states seeking to divorce their spouse who is living abroad notably in Brazil, am just an email away.

There are so many gray areas and very complex state specific laws especially when seeking to divorce your spouse who not only lives but is a citizen of Brazil. Mix children in the picture and the complexities become tenfold. The state of Texas has some of the most complex family  laws in the United States.

AL the best

I hear ya bigtime! When both parties can't seem to reach some kind of agreement or find common ground divorce can be one of the most traumatic experiences we can go through. It can also wipe us out financially two when one of the parties wants to engage in some childish and vindictive war for some perceived wrong done. Been there, done that, hated it... a couple of times.

Hope all goes well for you here in Brazil and you achieve the results you're hoping for.

Cheers,
James

Hello,
I have a question that the embassy just seems unable to answer.
I am a permanent resident in the US (a greencard holder). I am married and planning to visit Brazil with my husband.
I am still a Brazilian citizen and have a Brazilian passport.
My issue is: I am was married before and never registered the previous marriage in Brazil. I have since divorced and remarried. My green card and all American documents are under my married name(from the 2nd marriage), and my my Brazilian passport is under my maiden name (from birth).
Will I be able to enter Brazil with this passport? Please note I am planning to though the process of registering both marriages/ divorce while I am there visiting.

Thanks much

Regarding the Brazilian passport issued in your maiden name there should be no issues provided that you have the original of your marriage certificate with you when you travel. You should however apply for a new Brazil passport while you are here or through the Consulado-Geral do Brasil nearest you before you travel, since it really does need to be in your married name.

If your first marriage was never registered in Brazil it has no legal effect here, so why would you go to all the trouble and expense of having to register it and then go through a complicated process of "Homologação da Sentença de Divorcio Estrangeiro"? Are you and your current husband planning on returning to Brazil to live permanently here? I can't see any other valid reason why you'd go to all that trouble. You really wouldn't need to register the present marriage unless you intend to return permanently to Brazil.

If it really is your intention to return to Brazil then, yes, you're probably then going to need to register the first marriage and go through the "Homologação".... big bureaucratic headache.

Cheers,
William James Woodward, Expat-blog Experts Team

Thank you for such a quick reply.
No, we are not going to permanently live in Brazil. Just visit.  My husband is a born American citizen.
The only reason I mentioned the Homologacao De Divorcio is because the Brazilian consulate told me in order to change my last name on my passport (which I have to renew next year), I would have to go through the whole trouble of registering the previous marriage AND divorce so I can register my current marriage in order to change the last name. But at the Brazilian embassy every one tells me something different, is a clusterF%$#ck...(excuse my language).
I will be appliance for American citizenship next year. I just don't wanna have an issue traveling into Brazil and out of there back to the US.
Thanks again.

I highly doubt that you're going to have any issues whatsoever with the Federal Police either entering Brazil or leaving using a passport that has your maiden name provided you have your marriage certificate (despite the previous marriage). Your citizenship gives you ABSOLUTE right to enter this country no visa necessary.

Where you may have serious problems is in the USA depending on the type visa (green card) you hold. If you have an IR1 category then you should have no problems re-entering the USA regardless of the surname. If on the other hand you only hold a TR1 you're going to have big problems. You may not even get on the plane leaving the USA because of the name difference.

It's an insane situation all around mostly because of the bureaucracy here, but also the fact that the name on your green card must match exactly with your passport.

The information regarding the green card and name issue in the USA I got from an ICE agent who is with me in my home here in Brazil as we speak so it is 100% reliable. He advises that you shouldn't even try to travel unless you've resolved the name issue there in the USA or at least cleared the trip USCIS first.

Cheers,
James

James, thank you so much for the information. I am so glad i found this blog.
I do hold an CR6 category. Nonetheless, I will start working on the name change right away.

This begs the question of exactly how long you've been in the USA and the reason for the adjusted visa status. You applied for the green card and were adjusted to the CR6 status which usually gets upgraded to a CR1 status in an average period of 2 years. There seems to be some problem with your status which could cause you serious problems. Did you notify the immigrations authorities of your divorce and remarriage? This could be it. You need to go to the USCIS Service Center in West Palm Beach to resolve your problem, to do this you'll need to make an appointment at www.infopass.uscis.gov

No, there's no issue I just received my Greencard in the beginning of this year. It is a CR6 because I have had it for last than 2 years and also have been married for last than 2 years. I have a conditional status until 2016 when I can request to remove the conditional status.
I checked out the USCIS website and you were correct. They may require my passport to have the same last name as my greencard. Which brings me right back to the beginning as I may have to go through the whole process of "homologacao de divorcio" for my previous marriage. What I don't get is why do I have to request it from Brazil if I never even registered my first marriage to begin with. But I guess the rules and laws are there for a reason. I may have to hire an attorney in Brazil to take care of this as I don't have a clue where to begin.

What can I say other than, "because it's Brazil?" The bureaucracy in this country never makes sense and it is suffocating everyone Brazilian and foreigner equally.

Your problem is really because you are a Brazilian citizen and when you marry abroad, even though you have not registered the foreign marriage in Brazil (so it doesn't have legal force in this country) they still consider you as married nonetheless. So the process of registering the marriage at the Consulado-Geral do Brasil, which only issues the document on the Consular Cartório which is the document legal in Brazil, still must be registered once in Brazil with the 1º Oficio do Registro Civil either in Brasília or the city of your residence in Brazil to have legal force.

So on one hand they tell you you're not legally married in Brazil, but on the other hand they tell you that you're considered married and must register the marriage and then have the subsequent divorce homologized here in order for it to have legal force. Even lawyers can't understand why this is necessary and they complain about it all the time. It's like asking the age old question - Why is the sky blue? The only possible answer is - Because that's the way it is.

So, in order to resolve your situation with the name difference in the passport to prevent future problems, you're going to have to do everything from the USA. That means you're going to have to have someone in your family arrange for a lawyer here (probably in Brasília) to handle it all for you. This is going to be very time consuming and costly since it's going to involve sworn translations of all documents written in English by a "Tradutor Juramentado" here in Brazil, then have the lawyer submit everything for homologação.

I've learned, after 13 years here in Brazil, when it comes to government processes in this country nothing surprises anymore. You have to expect for everything to be the most complex and frustrating process as you can possibly imagine.

Cheers,
James

I did get a hold of USCIS and Border Patrol and they both informed me that with the greencard alone I should be able to leave\re-enter the US. They suggested bringing the passport and marriage certificate as well in case they request more info.
As far as the Brazilian passport goes, I can use the one i have for now as is or start the process of changing it. Chances are I will become an American citizen with an American passport before the paper work in Brazil is finished. lol...sad but true.
Are you an American living in Brazil? I have been in the US for a long time so I am assuming things there as far as the government is concerned haven't really gotten any better.