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FBI background for Permanent Residency

jasonlovesdogs

Hello,

I'm trying to transfer temporary residency to marriage residency. PF said they need a new FBI background because I left Brazil since the last one. I'm going back to the USA in a couple of months. Is there a way to get it in the USA faster and bring it with me. Can USA documents be apostiled in Brazil at the Cartorio? Is there a way to get it certified for Brazil at the Brazilian consulate in the USA? Last time I did this it was a major hassle from overseas. Thanks.

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EliastheGringo

So last year when I had to get my background check for marriage residency, I requested itonline from the FBI website, and I believe I filled something out informing them that it needed to be apostilled for Brasil and I was currently located in Brasil. Once it was finished it was mailed to me.

All in all it took about 5 months, mostly just waiting for the apostille to go through.

You cannot apostille the document in Brasil, it has to be done in the states.


I don't know if thats the same way you had it done, but what you can do is go ahead and request the doc from the FBI and then request to have it apostilled. Then depending on when you leave it'll either be ready for pick up or close to.

Though you do have to turn the document in within a time frame, I believe 90 days, from the day its apostilled

abthree


01/15/24  I'm trying to transfer temporary residency to marriage residency. PF said they need a new FBI background because I left Brazil since the last one. I'm going back to the USA in a couple of months. Is there a way to get it in the USA faster and bring it with me. Can USA documents be apostiled in Brazil at the Cartorio? Is there a way to get it certified for Brazil at the Brazilian consulate in the USA? Last time I did this it was a major hassle from overseas. Thanks.         -@jasonlovesdogs



Your fastest route is probably to use an Approved Channeler for the Background Check, pay for both the hard copy and the electronic copy, and send the electronic copy to an apostille service to obtain the apostille, which must come from the US State Department in Washington, DC.  I had to do it for my naturalization in 2019.  I was in the US for about a month, and it was about two weeks elapsed time or a little more between being fingerprinted at the Channeler and having the apostilled document back from the service at the US address where I was staying.

jasonlovesdogs

@abthree Thanks. So you hand carried it back to Brazil with you?

abthree


01/15/24    @abthree Thanks. So you hand carried it back to Brazil with you?
   

    -@jasonlovesdogs


Yep. 👍🏻

MA22

@jasonlovesdogs


Boa tarde!


As abthree stated, it's much simpler to just have this all done in the USA while you are there. Then bring the apostilled documents with you. I was fortunate, the PF didn't require me to get a new FBI Background check for my change from Temporary Retirement to Permanent Residency, based on Family Reunion (Marriage). But my daughter was able to get my Marriage Certificate and Divorce Certificate (ex-wife in USA) Apostilled in the USA (since I was in Brazil) and Rapid Delivery within a few days to Brazil. This was back in August for my Marriage to my Brazilian wife.  A different story, but I already had EVERYTHING apostilled before my original move and Retirement Residency here back in June, 2022.  BUT, the Cartorio WOULDN'T ACCEPT any of it because it was more than one year old when we tried to apply for our marriage in August...


Boa sorte. Grande abraço!

jasonlovesdogs

@MA22 They claim I need a new fbi background check because I left Brazil and visited the US since the last one.

Peter Itamaraca

@jasonlovesdogs

How long have you been in Brazil - might they accept a background police check in Brazil? I think it depends on how long you have been here...

abthree


  01/16/24  @jasonlovesdogs
How long have you been in Brazil - might they accept a background police check in Brazil? I think it depends on how long you have been here...   

    -@Peter Itamaraca


We seem to be seeing less flexibility on the part of the PF in many places since the pandemic, and less willingness for higher levels to overrule lower level rejections.  It's hard to tell whether it's local and spontaneous or coming down from the top, but I'm beginning to think the latter.  Even people with legal representation are running into difficulties, which once was rare. 


Foreigners who are going to try for approvals with documentation that fall short of the most literal reading of the rules should start their processes early and not wait until the last minute, so that they leave themselves time to execute on a "Plan B" if needed.

MA22

@jasonlovesdogs


Got it.  I too had visited the US since I came to live here. Twice.  But the lady at PF didn't ask me this and I didn't volunteer any extra info! As I mentioned before, I needed to have a Criminal Background check run for here in Brazil, but that was all.  I think she was being very kind. Approved my Residency Indeterminada the same day, All my other ducks were in a row, in order, and I had my new card within a month.  Sorry for your situation-  Boa sorte!

roddiesho

@jasonlovesdogs EXPAT.COM agrees that this needs to be done in the USA. You are generally speaking about an FBI Background Check which is a domestic agency, so everything has to be done on US soil. Most channelers do not work with those outside of the U.S.


FYI. I ran into a problem with the Brazilian Consulate in the US. They only accepted the Background Check for 60 days. Most are good for at least 1 year, so check with whoever you are passing it onto for how long it needs to be. Unfortunately I used some bad lawyers and they dragged their feet past the expiration date.


In terms of speed, I was only in Miami for a very short time. Less than 1/2 a week and it was emailed to me before I left.  Also, they used the fingerprints to do the background check, but you do not receive the actual fingerprints, those are sent to the FBI.


Roddie in Retirement1f575.svg

jasonlovesdogs

@MA22 @abthree It looks like I got it solved. I hired someone to help me and I did what you said attempt to transfer temporary retirement residency to marriage based residency. We showed up today hoping they would not ask about the FBI check. They did and said I needed it because I left Brazil since my initial retirement residency. They pulled it up on the PF computer my record that I left the country for a month. We tried to convince them it was not on the list of documents to go from temporary retirement residency to Permanent family reunion residency. We showed them the list and they said that's only applicable if you are going from temporary family residency to permanent family residency. I told them I heard of somone in another city in Brazil who did this and they said here we follow the law. That's a smaller city. We told them it is a major hassle to get an apostilled, translated FBI report and would take months. We did the best we could but as we were leaving the lady at the front desk said a more liberal supervisor would be in at 2pm.


So we printed my old FBI report and returned hoping for the best and returned at 2pm. We gave them the FBI report and they said it was not apostilled. We argued my case further saying the form I was signing was saying I was testifying that I did not have a criminal record in Brazil or abroad so the FBI report was not needed. I said it was only needed when you first apply for residency. She went back and talked to the supervisor and showed him the FBI report. He said no the first time. We plead my case a little further. She went back and talked to the supervisor again. He said he never makes exceptions but this time he would make an exception! Wow, that was easy. All he had to do was make an exception? Anyway, I have the protocol and hope to go pick up the card soon.


The only thing is I guess it is permanent as long as I'm married? Or can they say it is for 10 years or some other timeframe? The law it references is on the protocol. It says 286 - ART.37, LEI 13.445/2017. Do you remember if that was the one on your protocol? I tried to look it up to see what that means exactly. It seems to reference the marriage residency but does not give a time frame of unlimited or have to renew.  Also, did they keep your old card and just give you the protocol? They kept my old card but its the same card number that is on the protocol so its the same residency number. Not sure why they kept it. Thanks.

Jeriliving

I'm happy they made the exception for you! You never know if you don't ask ! I need to do a similar process but I'm already in Brazil. Do you think it's possible for me to complete the entire marriage process here within 90 days ?

I'm a us citizen and only have my birth certificate with me. Does the FBI background check need to be preformed in the USA?

abthree

01/17/24 @jasonlovesdogs.  Glad that it worked out for you.  Never say "never" in Brazil!


As for CRNM validity, it will probably depend on your age.  If you're 60 or over, you'll probably get a card with "validade indeterminada" right away.  If you're younger, you may have another renewal nine years out.

jasonlovesdogs

@Jeriliving I believe there's no exception to the fact that you need the FBI check apostiled and translated the very first time you get residency of any type. You can get the FBI check done and translate it and apostile while in Brazil, but it's a major hassle because it takes a couple months for the whole process and then you have to figure out how to get it to Brazil before it expires in 90 days. You can get your fingerprints done in Brazil at the federal police but you have to make an appointment to do that and you have to make sure you do everything right . If this is the first time you're going to apply for residency, you're going to have to start from a very beginning. Fortunately, I already had residency and was able to transfer it from temporary to permanent. You can look online and hire someone from the United States who can do this for you that is a FBI channeler and they can probably do it the fastest, but it's complicated and there's certain time frames that need to be followed before it expires. I guess you could get it translated in the United States, but the best way is to have an FBI channeler who is associated with an apostile certifier to do it and then somehow get it from the United States to Brazil. The problem is the mail is not trustworthy in my experience and what it from what I've heard. So it would be better to have someone personally hand carry it from one country to another.

jasonlovesdogs

@abthree Thanks. Even on a marriage residency? So it would be a temporary marriage residency? I'm under 60.

MA22

@jasonlovesdogs


Boa tarde! 


Wow! That's great news.  I never had to ask for an exemption, but it sounds like just being persistent paid off in your case- Parabéns pra Você!  1f923.svg.  I am over 60 so mine is the "Indeterminada."

roddiesho

@abthree Please help me with the Background check. I am making plans to get it done again in  Providence, R.I. along with my fingerprints. I had it done in Miami, but I don't know about the Apostle, Certification stuff. It is AB as you suggested before. They did a great job before, but I believe I have a watermark on my documents. Is there an extra step for them to certify and apostle and since it took only a few days last time is it still quick or how long if it is a different step.


Also, from what I remember the Fingerprints went to the FBI. Is that Ok with the Federal Police. I am not sure if they are expecting fingerprints also.


Thanx, as always.


Roddie in Retirement1f575.svg

abthree


   01/18/24  @abthree Please help me with the Background check. I am making plans to get it done again in  Providence, R.I. along with my fingerprints. I had it done in Miami, but I don't know about the Apostle, Certification stuff. It is AB as you suggested before. They did a great job before, but I believe I have a watermark on my documents. Is there an extra step for them to certify and apostle and since it took only a few days last time is it still quick or how long if it is a different step.
Also, from what I remember the Fingerprints went to the FBI. Is that Ok with the Federal Police. I am not sure if they are expecting fingerprints also.

Thanx, as always.

Roddie in Retirement1f575.svg-@roddiesho


The way I did it last time (pre-pandemic) was to get my Background Check through AB, and requested both the hard copy and electronic copy from them.  I emailed the electronic copy to National Apostille (https://www.nationalapostille.com/), and they got the US State Department Apostille on a hard copy that I assume they printed out, and sent me the apostilled document at the place in the US where I was staying in a couple of days.  No problems with it at the PF.


You'll probably want to contact them to find out what their current process is, since it may have changed since the pandemic.  I was very satisfied with their service.  Other people here on the site have not been pleased, though, so remember that there are other services available.


The FBI Background Check is the only one I know of that requires a federal apostille, which is kind of a pain to get on your own.  State apostilles for documents issued under state authority -- like Birth Certificates, for example -- are usually easier.  National Apostille can get those for you, too, and if they're from other states, it can save you some time and effort.  For documents from the same state where you'll be staying, it may be just as easy to get them from the state yourself.

abthree


   01/18/24 @Jeriliving I guess you could get it translated in the United States, but the best way is to have an FBI channeler who is associated with an apostile certifier to do it and then somehow get it from the United States to Brazil.     

    -@jasonlovesdogs


Sworn Translations must be prepared by a Sworn Translator who has passed a competitive examination and been certified by the Junta Comercial of a Brazilian state capital, so it's much better to have them done here as soon as the document is available in Brazil, unless an overseas-based translator can provide proof of having that very specific credential that will be satisfactory to the PF.

roddiesho

@abthree I just got off the phone with them (A/B) but it was before I read your post. The young lady was very nice, but did not appear to be an expert. Basically she said the Apostle part A/B did not get involved with and I would have to get it from the FBI themselves. Would it be ok, if I forwarded the hard copy/ e-mail copy say to National Apostle myself when I received it.


I am trying to nail this down, because it looks like this will happen soon (February) and my daughter will book my rooms. I have to have a good idea how long I will be in RI. to get the paperwork. I am shooting for a room under $100 a day but it will add up fast.


FYI if it looks like I am shaking in my boots, it is not because I am nervous, but because I only own shorts and it is 15 degrees in R.I.


I re-read your post and it seems similar. I will ask them tomorrow to verify.  I am glad you added the Birth Certificate, because that is also down the block literally.


Roddie in Retirement1f575.svg

abthree


01/18/24    @abthree I just got off the phone with them (A/B) but it was before I read your post. The young lady was very nice, but did not appear to be an expert. Basically she said the Apostle part A/B did not get involved with and I would have to get it from the FBI themselves. Would it be ok, if I forwarded the hard copy/ e-mail copy say to National Apostle myself when I received it.I am trying to nail this down, because it looks like this will happen soon (February) and my daughter will book my rooms. I have to have a good idea how long I will be in RI. to get the paperwork. I am shooting for a room under $100 a day but it will add up fast.Roddie in Retirement1f575.svg-@roddiesho


No, the Approved Channeler wouldn't handle apostilles, but the Background Check you get through them is identical to what you'd get directly from the FBI.   National Apostille can work with their output, whether hard copy or digital.  Here are their instructions (of course, you should re-confirm yourself):


https://www.nationalapostille.com/fbi-b … apostille/


At the risk of repeating myself, it's a good idea to have an extra hard copy of your Background Check and any other important document without an apostille attached, just for your records.  Remember that, once attached, an apostille cannot be removed from a document, even temporarily, without invalidating both.


While looking for rooms, don't forget AirB&B:  a quick search showed me quite a few apartments in your price range in Providence, and rooms in people's homes for even less.  We've been using AirB&B exclusively for our travel for about six years now.

abthree

01/18/24 @roddiesho.  Note that Rhode Island's Secretary of State provides walk-in service for apostilles for its own (not federal or other states') documents:


https://www.sos.ri.gov/divisions/notary … ifications

roddiesho

@abthree So my research says that National will take 6-8 weeks for the FBI background check apostille and the Birth Certificate. around 7 business days. My concern is what is needed at the Brazilian Consulate for my wife and i to certify our marriage. It looks like all the documents necessary (if they have to be apostilled) won't be ready for weeks after I get to R.I. I tried to get details on what they were, but I unkowingly started chatting with "Just Answer" and they wanted to charge me to talk to some lawyers. It maybe that an effective trip to the Brazilian Consulate cannot happen during the time I am in R.I.


So is it possible to get a Family Reunion Visa then get a Permanent Residency one next year?


Roddie in Retirement1f575.svg

abthree


01/19/24   @abthree So my research says that National will take 6-8 weeks for the FBI background check apostille and the Birth Certificate. around 7 business days. My concern is what is needed at the Brazilian Consulate for my wife and i to certify our marriage. It looks like all the documents necessary (if they have to be apostilled) won't be ready for weeks after I get to R.I. I tried to get details on what they were, but I unkowingly started chatting with "Just Answer" and they wanted to charge me to talk to some lawyers. It maybe that an effective trip to the Brazilian Consulate cannot happen during the time I am in R.I.
So is it possible to get a Family Reunion Visa then get a Permanent Residency one next year?

Roddie in Retirement1f575.svg-@roddiesho


Sorry, I got nothin' on that 6-8 week delay -- that's outrageous.  The Birth Certificate sounds about right. 


As for registering your marriage, if you'll be in Rhode Island, you'll do that at the Brazilian Consulate General in Hartford, Connecticut.  Here are their instructions on how to do it.  I doubt that apostilles are required:


https://www.gov.br/mre/pt-br/consulado- … -casamento

roddiesho

@abthree As always, Thank You, Thank You, Thank You. So, yes I will be in R.I. to get my birth certificate since I was born there, but the Brazilian Consulate will be the one in Washington, D.C. where we were married (actually MD.) So I will need the FBI background check only for the Federal Police, The 6-8 week swill not be in the way of my wife joining me to get the Marriage Certificate. It may be delivered later, but we can take care of it then. Of course we need to overcome the list of reasons why it takes so long (Covid, Supply Chain, Weather). It's the best I could do, but if you go to their website they did not leave any excuses out.


The Federal Police supposedly are giving me 60 days, but I am sure we can work it out.


FYI, Now I feel great, if i do not watch the news and see how challenging going to New England will be.


Thanx!


Roddie in Retirement1f575.svg

abthree


  01/19/24  @abthree As always, Thank You, Thank You, Thank You. So, yes I will be in R.I. to get my birth certificate since I was born there, but the Brazilian Consulate will be the one in Washington, D.C. where we were married (actually MD.) So I will need the FBI background check only for the Federal Police, The 6-8 week swill not be in the way of my wife joining me to get the Marriage Certificate. It may be delivered later, but we can take care of it then. Of course we need to overcome the list of reasons why it takes so long (Covid, Supply Chain, Weather).Roddie in Retirement1f575.svg-@roddiesho


Even better.  I'm sure that they do a good job in Hartford, but it's a small consulate.  Washington will be one of the best, and you were married in their service area.


As for reasons, "We didn't realize it was necessary, but as soon as we did, we came here."  should be enough, if they ask at all.  They've heard it all, especially in Washington!


Here are the instructions for Washington:


https://www.gov.br/mre/pt-br/consulado- … ertificate

tarington

@roddiesho


For what it's worth, here's my recent timeline of getting FBI background check & apostille.


Federal Police in Fortaleza requested a new FBI check for my naturalization application because I had traveled out of the country since receiving my permanent residency.  They seemed to think the U.S. Consulate could help with the process within the 60 day limit they gave me, but that wasn't the case and I had to cancel my application.  Since I had a trip to the U.S. planned, I decided to wait and do the fingerprinting there.  I scheduled through PrintScan and did my fingerprints at a UPS location on 9/23/23.  They sent the background check to be apostilled on 9/25/23 and I received it in the mail at a family member's address in MA on 10/18/23.  The emails from PrintScan throughout the process emphasized a 6-10 week processing time. Thankfully that wasn't the case. 


Best of luck to you!

roddiesho

@tarington It is worth a lot. 1f609.svg So I use A/B, pretty much the same UPS location strategy, but the Brazilian Consulate is not involved. My only question is how did you get the hard copy from the location in MA to your location in Brazil? I live in a very small village in North eastern Brazil and the only mail service we have managed is DHL from the American Amazon,com and that took several times, before it became clockwork. FedExp and UPS are not even in the game.


Whew almost missed this one. So the 60 day limit. How did that work? My wife and I are going to see our lawyers Tuesday. I do not know how the Federal Police appointment is scheduled, whether it is set already or will happen soon. How does that work, do you literally have 60 days from the appointment or is it scheduled at any time. Since you mentioned Massachusetts, you may be aware that it is one of the worst snow conditions possible in New England with most schools closing, roads impassable and crashes on the hightway with bitter cold. In other words if my 60 days happen, well,..... when my life is not in danger ....later on in the Spring i would not mine. I ONLY have shorts here in Brazil.


Roddie in Retirement1f575.svg

roddiesho

@abthree I now have them on my calendar to call Monday. I did get a heads up before by the Birth Certificate people, but I need to talk to them to assure chain of documents.


Thanx


Roddie in Retirement1f575.svg

tarington


    @tarington It is worth a lot. 1f609.svg So I use A/B, pretty much the same UPS location strategy, but the Brazilian Consulate is not involved. My only question is how did you get the hard copy from the location in MA to your location in Brazil? I live in a very small village in North eastern Brazil and the only mail service we have managed is DHL from the American Amazon,com and that took several times, before it became clockwork. FedExp and UPS are not even in the game.
Whew almost missed this one. So the 60 day limit. How did that work? My wife and I are going to see our lawyers Tuesday. I do not know how the Federal Police appointment is scheduled, whether it is set already or will happen soon. How does that work, do you literally have 60 days from the appointment or is it scheduled at any time. Since you mentioned Massachusetts, you may be aware that it is one of the worst snow conditions possible in New England with most schools closing, roads impassable and crashes on the hightway with bitter cold. In other words if my 60 days happen, well,..... when my life is not in danger ....later on in the Spring i would not mine. I ONLY have shorts here in Brazil.

Roddie in Retirement1f575.svg-@roddiesho


I was fortunate that it arrived while I was still in MA, just a day or so before my flight back. I never had to deal with mailing it. I wasn’t thrilled about paying so much for the full service of fingerprinting/FBI check/apostille, but I think it paid off in the end as it was streamlined and faster.


I don’t know anything about this 60 day limit for you.  I was already an established permanent resident at the time, and the 60 days was the extension they gave me before forwarding the incomplete naturalization application to Brasilia.  I had to cancel the application for naturalization but it didn’t affect my permanent residency status. 


I got rid of my winter jacket and gloves and once found myself on a trip in below freezing temps the first day I arrived. I now have a set of winter travel clothes in a backpack ready to go in case 1f604.svg  Although there are places in Fortaleza to rent winter clothes for traveling to colder climates. 

Jeriliving

Hello I'm a US citizen engaged to a Brazilian. I've almost been here 90 days and have an appointment to extend my visa on Monday for an additional 90 days.


We would like to begin the process of getting married. I have created a list of all of the requirements and in the order they need to be completed. Along with price estimations. If there's anything I'm missing any advice would be appreciated. From what I've been reading the Apostille process is lengthy and can hinder specific deadlines that are given ?


I essentially only have about 93 days before my visa will be expired.


Do you believe based off your experience this will be enough time to complete the process and apply for permanent residency?


Below is the to do list I created. Thank you 🙏🏽


Step 1

* Obtain Declaration of Civil Status


Do note that the Declaration of Civil Status is only valid for 90 days, so plan your marriage process accordingly.


​$?.?? Dollars || $?.?? Reais

​Time for aquiring ??

____________________________________________

Step 2

1a. Birth certificate Apostille $180.00

2a. Passport Apostille $130.00

3a. Declaration of Civil Status (issued by the local consulate or embassy) $130.00


​$440.00 Dollars $2,169.86 Reais

​11 weeks

​Request Translation fee ***

​Send to office for Translation **https://globalapostille.us/our-services/us-department-of-state-apostille/

____________________________________________

Step 3

4b. Birth certificate Translated $39 per page

5b. Passport Translated $39 per page

6b. Declaration of Civil Status (issued by the local consulate or embassy)$39 per page


​expect in 2 business days.

​$578.00 Dollars || Reais $117.00


[link under review]

https://www.uslanguageservices.com/orde … anslation/

____________________________________________

Step 4

7c. Register intent to marry

(Do this 30 days before wedding date)

8c. 2 friends 21+

​$14.60 Dollars || ​$72.00 Reais

____________________________________________

Step 5

9d. Register Marriage

$182.50 Dollars || $900 Reais

____________________________________________

Step 6

10e. Marriage license

After you have filed your documents and paid the fees, there is a waiting period of about 30 days before the marriage license is approved. You then have three months to get married.

____________________________________________

Step 7

11f. Wedding



Am I missing anything? This is just for myself the US citizen. I know my fiance has a separate list of requirements.

abthree

01/20/24 @jeriliving.  Have you and your fiancée been to the cartório to confirm the requirements?  If you've never been married before, then they may let you simply swear out a Declaration of Civil Status there.  And passports should never require an apostille or a Sworn Translation, although they may require an authenticated copy, which the cartório can also do.


Sworn Translations need to be performed by people specifically commissioned to provide them under Brazilian law.  Don't waste your money on a foreign translation service.


If you don't have all the documents that you'll need for the cartório to perform the marriage AND to apply for residency with the Federal Police, rather than burning through your remaining days you should seriously consider returning to the US, getting your documents, and then returning to Brazil with the documents in hand.   

Peter Itamaraca

@Jeriliving

Your translation costs at $39 seem very high to me.


We have a "pet" official translator gere in Paulista-PE, and he charges R$80 per page (about $16), and he allows me to email all documents to him...

roddiesho

@Jeriliving it is over 7 months since I engaged my lawyers to process my Permanent Residency by Spouse. I later found out that they really did not seem to know what they were doing and unfortunately they NEVER consulted with the Federal Police. My overstay is over 300 days so far.


Roddie in Retirement 1f575.svg

roddiesho

@tarington Thanx again. We are scheduled to go to Fortaleza Tomorrow, meet with our new lawyers (not to be confused with the village idiots we had before) and hopefully the Federal Police. I really did not know about the rent a winter outfit thing. That is so cool. I just found out Building 19 is closed in R.I., so that sounds like a great solution.


I just spoke with USA Apostielle which charges $195 + extra $100 for International delivery. 4-6 weeks no promises. My UPS does not do apostilles. (apparently the one in New York does) I only need it for the Federal Police, so there would be no hurry.


Thanx!


Roddie in Retirement1f575.svg