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How to apply for VIPER (permanent) VISA while in Brazil

A few months ago I (US Citizen) married a Brazilian citizen in the US. We are currently in Brazil (I am on a tourist visa) and we would like to get me permanent residence.

The only instructions I can find on the VIPER Visa is when applying from the Brazilian consulates in the US. Can someone point me to the correct information. Is it even possible to get the permanent residence while being present in Brazil on a tourist visa?

You can do it at the Superintendência Regional da Policia Federal nearest you. You need to schedule your visit and fill out all the information on their website http://www.dpf.gov.br/servicos/estrange … -casamento

You also need to apply to register in the RNE program and request your Cédula de Identidade Estrangeiro at this page:  http://www.dpf.gov.br/servicos/estrange … -e-anistia

Follow the steps in their order on the page.

See the following topic thread for further information:

http://www.expat.com/forum/viewtopic.php?id=403321

Cheers,
James   Expat-blog Experts Team

Awesome! Thanks for the super fast reply and thanks for the information.

Quick question - When I apply for the Viper VISA will my spouse have to prove that they have financial means to support me. I saw on the consulates website that if you're applying from the US, there is a financial support form, but it only states that your Brazilian citizen spouse will support you - and it says nothing about showing proof.

I ask because my spouse is a student and I will be the primary source of income until they finish school.

No, she won't because you automatically have the right to obtain your work permit (Carteira de Trabalho e Previdência Social - CTPS) and to work in Brazil when your application for permanency is accepted. So they really don't care about that.

It really only used to apply under the old system where it could take years before you got permanency granted. That's all changed now, but typical of Brazil they don't change the list of requirements to reflect the new system. Don't sweat it!!!

James,

As always, you're a valuable asset to this community based on what I'm seeing in these threads.

I actually have the chance to be back in the US for one week, is there anything I can do / get while I'm there to make the permanent residence in Brazil smoother / easier?

Thanks,
Brian

Regarding the permanency process, if you're already married, then there's not much that you'll need to do back home in order to facilitate the application. You will no longer need the Certified Criminal Record check, unless you actually have a record. If you have no criminal convictions and aren't being currently tried in the US for anything then a "Declaração Sub Pena de Lei de Não Condenação" is all you'll need. The Federal Police will provide you with a "fill in" copy of that form.

Completely unrelated:

If you don't have a bank account in the USA with debit/credit card access open one and keep it active, it will be a blessing to you here in Brazil.

If you have any post-secondary degrees or qualifications then you should have them apostiled by the State Dept. and legalized by the Consulado-Geral do Brasil with jurisdiction over your city in the US. They should be translated into Portuguese here in Brazil also. Even if you don't intend to use them now, get it done anyway, it's well worth the time, money and effort.

If you have any fixed assets in the USA, such as large investments, real property, etc., make sure you have made a detailed inventory of them, purchase prices (or initial investment amount), etc., - should you convert them to another form of asset following your marriage they are supposed to be exempt from the 50/50 split under "Comunhão Parcial de Bens", but if you can't prove the asset pre-existed the marriage you're going to have problems there. (Better safe than sorry)

Get your US income taxes perfectly in order while there, and don't forget you're going to have to continue filing an annual 1040 even while living here in Brazil. You're going to have to report any Brazil sourced income to the IRS as part of your "world income" and MAY be subject to tax on it since there is no Tax Treaty between the USA and Brazil. You will also find it may be difficult to open a Brazilian bank account since banks are now reluctant to open new accounts for American citizens because of the requirements under FATCA (Foreign Account Tax Compliance Act) and FBAR (Foreign Bank Account Reporting).

Cheers,
James

Thanks so much! What a wealth of knowledge you are! :) You're making this expat adventure really simple - can't wait to be a brasileiro!

Quick question - I know in the US when adjusting your status, immigration doesn't like if you adjust your status too quickly due to possible wrong intent on a tourist visa.

Does Brasil have this issue / should I wait a certain period of time after entering on a tourist visa? Or can I apply for permanent residency right away when I get back?

Hi zudozinho,

I really can't answer your question well without a bit more information. What grounds are you going to apply for "permanência definitiva" on? If you come on a tourist visa and get married then you can apply immediately, for example.

Women who are pregnant and give birth here also can apply immediately. So there's not really a big deal made about applying to change to permanent status because of timing.

Cheers,
James

James,

I will be applying based on being the spouse of a Brazilian citizen. We got married here in the US.

Thank you!

You can apply for your permanency at any time following entry, but it's recommended that you do so within 180 days of arrival. You must first have your (Brazilian) spouse register the marriage at the Consulado-Geral do Brasil that has jurisdiction over your city. I'm not sure which one has jurisdiction over Philly, the one in NYC or Boston. Note: Only the Brazilian spouse can register the marriage at the Consulate, unless due to exceptional circumstances.

For more on registering foreign marriages see:  http://www.expat.com/forum/viewtopic.php?id=376293

Cheers,
James      Expat-blog Experts Team

James,

Thanks again and sorry for the one million questions.

Does my Brazilian spouse have to go to the Brazilian consulate in New York in person? Or is there a way he can do that from Brazil? The resources don't seem to be too clear.

Actually if the spouse is already back in Brazil, you can have him send you an e-mail or letter stating that. Under those circumstances YOU will be permitted to register the marriage. Make sure the letter or e-mail gives contact information (telephone, address, etc., in case they want to contact him to verify the information).

Cheers,
James

Crap! What do we do now? We actually are both here in the US and we have a flight booked for this Saturday back to Brazil.

Is there no way to get the marriage registered in Brazil with us both there?

Lots of helpful answers.

My Brazilian wife and I have been married for eons and live in the U.S.. I'm only occasionally entering Brasil--on a tourist visa presently, but would like to apply for the VIPER as we approach retirement and the possibility of spending longer periods of time in Brasil.

Is there a required time I must remain in Brasil after entering on a VIPER for the first time?

Hello aunseth,

Not really, once you've got your permanency you can also be out of Brazil for up to 2 years before you'd lose permanent status.

If you apply for "permanência definitiva" here in Brazil then if all the paperwork is present and in order permanency is granted immediately, you register in the RNE and apply for your civil ID (Cédula de Identidade Estrangeiro) all at the same time. They say you need to wait 60 days for that, but some take longer, some get it back sooner. However you don't even need to remain in Brazil to wait for that. My friend went back to the USA and then returned to pick up the ID when it was ready.

You can also apply for your VIPER through the Consulado-Geral do Brasil that has jurisdiction over Minneapolis (probably Chicago but not sure) where you're going to have to register your marriage anyway in order to be able to apply for permanency. It's six of one half a dozen of the other as to where you apply for permanency if you're in no hurry anyway. Probably a lot more convenient to do it there in case they request any documents that aren't on the official list. You will have to check with them however regarding recognized translators if you're getting things done in the USA.

Cheers,
James   Expat-blog Experts Team

Hey there, I'm not sure if this form is still active but based of what Iv seen so far, it's been very helpful! My question is how exactly does this ""Declaração Sub Pena de Lei de Não Condenação" work? I am in Brazil right now living with my husband. We got married in the US and we just legalized the marriage here in Brazil. Going back to the USA to get a background check for the VIPER app is impossible. And going through a big mailing process just seems exsesive when I have nothing on record, besides a "no seatbelt" ticket( I'm not sure that is something that even shows up on the background check haha.)
Anyways how does the "Declaração Sub Pena de Lei de Não Condenação" work? Can I use it in the application process instead of a background check?

Hey ShelbyNDC,

I reread this old thread and it looks like James mentioned something about this in an earlier reply. I hope this helps you out.

You will no longer need the Certified Criminal Record check, unless you actually have a record. If you have no criminal convictions and aren't being currently tried in the US for anything then a "Declaração Sub Pena de Lei de Não Condenação" is all you'll need. The Federal Police will provide you with a "fill in" copy of that form.

Hi just recently  Married  in Brazil  rather  than Stable  Union. Some  were  saying  Stable  Union  was easier.  But tge professional  advice  was  the Marraige  was.  I Returned  too  UK and went  too  Consulate  to apply,  it only  took  5 days.
I have the Document  too take  to the Federel Police.  I'm  a little  confused  what i will  actually  need  to take as  all  the  proof has  already  been done  at consulate?

My best advice would be to contact the consulate and ask them what is required.

Jim

Shelby ... I just completed the VIPER based on marriage (casamento) here in Fortaleza. When we visited the Federal Police complex to confirm exactly what was required, the very helpful receptionist provided the declaration form that you're talking about. You just fill in the blanks and then take it to a Cartorio, where you both sign the form in the presence of the Cartorio and pay a few reais to have your signatures "recognized." Note that this form is only required if you've been married for 5 years or less. In our case (married for 12+ years), it was not required at all.

Hi sir James I am married with my Brazilian wife we having proxy marriage now she send me marriage certificate how I apply visa on marriage certificate I am from Pakistan what type visa I will apply plz tell me because i don't know..

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