Proxy marriage process

@sergiobotinha and all, thank you for your excellent response!!!  I’m a US citizen currently in Brazil and intend to marry my long term Brazilian girlfriend here in Rio. However, I’ve overstayed my tourist visa. We have all of the necessary documents, including apostiles, but were informed by the Catorio that there is a problem because I’ve overstayed my tourist visa. do you happen to know of any options that we may have?

We spoke to the Catorio judge and he had suggested the option of using a proxy. I know that this would be a problem applying for the VITEM visa for family union to come back to Brazil. However, since I am already in Brasil, could I apply directly for a “residence permit” with the Federal Police after getting married here by proxy?

Thanks so much for your help!!!

Shaun

10/27/22 @sgf80. I'm not sure that a proxy marriage will work for you, even if it's celebrated in Brazil.  I'll check that out.

Did you just overstay your 90 days, or have you overstayed your 90 days plus your 90 day extension? If it's just the first, you can try going to the Federal Police, paying your fine, and asking for whatever time is left of your extension. It would be a good idea for your fiancée to call the PF first, to ask whether that will be possible.

If you've been in Brazil for over 180 days and you can't find a cartório that will marry you, and if the proxy marriage doesn't work, you'd better get an attorney, and put the whole thing in his/her hands.

@abthree thanks so much for your help! Yes, I came to Brazil and extended my tourist visa, for a total of 180 days.  My girlfriend and I had decided to get married during this time. But, by the time we were able to request and receive all of the many documents from the USA in order to register at the Catorio, it was well passed the expiration of my tourist visa. Yikes!!!

We would try another Catorio but my girlfriend can only prove residency for the specific Catorio we went to, which proof of residency within the particular district that the Catario serves is a requirement. We also asked for clarification from the Catorio judge about how this would work by proxy per your question and are awaiting his response, probably early next week we will know more about that.

We didn’t know we had to have a valid tourist visa in order to get married in brasil??? Is it impossible to get married in Brazil without a visa???  We thought marriage was a fundamental human right in Brazil regardless of visa status.

Does the marriage license itself specify that it is by proxy?  And, do you think it would present a problem to apply for a “residence permit” directly with the PF here in brazil, not to be confused with the temporary Family reunion VITEM Visa I would first need to apply for at a consulate in the USA, if I was there instead, to get back into Brazil.

Thanks again!!!!!

10/27/22 @sgf80.  I've read through the Portaria that Sérgio Botinha cited above again.  Articles 5 and 6 apply to people already in Brazil applying directly to the Federal Police without a visa from a Consulate, and it appears that the PF may accept a proxy marriage from the cartório celebrated with both parties physically in Brazil.  For reference if you want to check the Portaria yourselves, you can find it here:

https://www.in.gov.br/materia/-/asset_p … 8-25601731

Confirm with the cartório that once the ceremony is completed, you two will be married under Brazilian law without any further actions required, and if they confirm that, it looks like you'll be able to proceed with that certificate to the PF.  I'll revise my response above to conform with this information.

They'll probably require an explanation of your overstay, so be ready for that.  And your wife should definitely be with you whenever you go to the PF.  Good luck, and congratulations!

@abthree you are an absolute angel and I greatly appreciate all of your help!!!!  I wish I could get you a chop!! This helps so so much and brings us more peace of mind. I was getting really paranoid reading about the proxy marriage stuff.

10/27/22 @sgf80.  Thanks -- we all try to help each other here.  Please let us know how it goes, and consider paying it forward if you get the chance in the future. 👍🏻

The proxy marriage process has varying legal requirements; you might need some documents such as written consents, Proof of relationship, Formal affidavits from the groom, bride, and their attorney, etc., or A document with an apostille for a foreign spouse.

The legal prerequisites for a proxy marriage differ depending on the state, military marriage restrictions, and other factors. The process will take around 1 and 2 weeks.