How to register a marriage to a Brazilian citizen outside Brazil
Last activity 09 February 2023 by abthree
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When a Brazilian citizen marries a foreign national outside of Brazil, while the marriage is legal in Brazil it must be registered at the Consulado-Geral do Brasil where they reside (not necessarily always the same country where the marriage actually took place.). It must also be registered in the 1º Oficio de Registro Civil in the Federal District (Brasília) or in the 1º Oficio de Registro Cívil in the city where couple will reside in Brazil.
The following is a translation form the Ministry of External Affairs website regarding the procedure and documents required for registering at the Consulado-Geral:
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.
Hay I am sagar from Kolkata, INDIA. I want marry a Brazilian girl,,, can u help me to marry a Brazilian girl, and I m seriously. Plz help me
Hello sagarrocks,
If you're looking for a Brazilian girl you should not be doing it here on Expat-blog. It is not a dating site. Postings seeking or offering personal relationships are not permitted on our forums.
Cheers,
William James Woodward, EB Experts Team
Hi there
I just want to ask you this
I am residing with my Brazilian partner in South Africa ( I'm an SA citizen)- Brazil and SA have good diplomatic relations
We plan to marry here in a few months and then register everything at the local consulate so that I can apply for a Permanant residence visa to live with her in Brazil
I've visited Brazil many times , speak the language know her family etc
I
My question is this: Im order to make the marriage legal so that I can apply for PR from south africado we actually need to pysicaly take the reconized certificate to the 1st office consultoria in Brazil first , or can the whole process be done from outside of Brazil at the consulate , as it would be a big expense just to have to fly to brazil to get a document approved.....we've just started communicating with the Brazilian Consulate here , but they've just directed us to the info you have translated
Bottom line can all marriage registery and Permanant Residence applications be done completely outside of brazil
she is going there now too visit family and will get all documents she needs but we only plan to Marry end of the year and I can't go to Brazil now due to work commitments
Thanks any advice would be greatly appriciated
eg : can we apply in south africa for my PR after we have done this "
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.)
Or do we have to then take the darn thing all the way to brazil first before I can apply
Thanks again
Hello Steve,
No, there is nothing to prevent you from doing everything in South Africa, however you will still have to register the marriage in Brazil either at the 1º Oficio do Registro Civil in Brasília or the city in which you will reside. That is not to say that you must do this in person. I'm sure that you can have a lawyer or even a family member here in Brazil do that for you. I also think (but not exactly sure) that the registration here in Brazil doesn't need to be done before you will be granted the VIPER through the Consulado. The marriage is legal, it just won't have legal effect here in Brazil until registered here. The Consular "Certadão de Casamento" is your grounds for applying for the VIPER based on marriage.
Once you've actually registered the marriage with the Consulado abroad and received the "Certidão de Casamento" from them you then have 2 options. Both have advantages and disadvantages. (Both below are assuming that you first get all the paperwork ready ahead of time)
Option 1. Come to Brazil on a VITUR Tourist Visa, do the Brazilian registration of the marriage and apply for the VIPER here. Once you apply here for the VIPER based on marriage then you are permitted to remain in Brazil and to work while the application is being processed, no matter how long that takes. Disadvantages - takes a lot longer to process (can be 2 years or even more) and during that time you can only leave Brazil for periods up to 90 days or your application is voided.
Option 2. Apply for the VIPER through the Consulado-Geral do Brasil there and wait until it is issued. Usually this is much quicker (3 to 6 months). Disadvantage - you can't enter Brazil even using any other category of visa until you've actually been granted the VIPER.
Cheers,
William James Woodward, EB Experts Team
Great thanks for the advice
-Disadvantage - you can't enter Brazil even using any other category of visa until you've actually been granted the VIPER. really good to know.
What does VIPER stand for exactly
Also one more thing , I know that unabridged full birth certificates are a big thing in Brazil - I just picked up my one today and I know it must then be translated and registered at the Brtazil consul - do you know if there's an expiry from the date it was issued in the eyes of the Brazilian authorities ( like 6 months from date of issue or anything like that or is it regarded as a permanent document there)
I know police clearance is usually 90 days
thanks again
The Birth Certificate long form can't be any older that 6 months. It must be legalized by the Consulado-Geral do Brasil in the country of issue and it must also be legalized/authenticated by the Min. of Foreign/External Affairs/State Dept. (or whatever called in your country).
VIPER stands for Visto Permanente, VITUR - Visto de Turista and VITEM - Visto Temporário
Cheers,
William James Woodward, EB Experts Team
wjwoodward, do you think now since birth certificates have to be "legalized" in the home country by the Brazilian consulate, it's no longer a requirement for them to be issued 6 months prior?
Like this:
My birth certificate I have now was issued in 1991. I sent my birth certificate to the Brazilian consulate in Chicago to be "legalized", if it gets legalized, wouldn't it be good to go to submit to the Cartorio?
Would they really give me problems if my certificate is authenticated by my state dept (just a couple weeks ago) and legalized by the Brazilian consulate in the states?
I'm a bit confused by this because you're the only one I've seen that says it needs to be issued 6 months prior. I've read very detailed experiences from other people, but the 6 month thing never comes up. If you're confident in this, I trust you because you seem very knowledgeable, i'm just confused why other people don't mention this.
Hi cupofjoe,
I can tell you from my own experience that you might be correct. While the legislation is quite clear that the documents can't be more than 6 months old, many Cartórios DO NOT adhere strictly to that rule and legalization by the Consulado-Geral can sometimes override that too. For example I had my Certified Criminal Record Check legalized and for various reasons didn't submit it to the Federal Police in the permanency process for 3 years. While the legislation requires it to be no more than 90 days old it was accepted by the Feds without any problems.
When dealing with Cartórios and the Federal Police here in Brazil you'll find that there are two things that are certain, they all tend to make up their own rules as they go along and there are no rules they won't break when it suits them. So, go ahead and submit what you've got, it can't hurt and my gut feeling is that you won't have any problems.
Welcome to the brutal reality of Brazilian bureaucracy, where anybody's guess is as good as the next guy's..... really!
Keep me posted on how it goes, because it sure will help others to know how you make out on this.
Cheers,
William James Woodward, EB Experts Team
I'll for sure give an update in a couple of weeks
I already ran into one problem
I sent my birth certificate and the FBI non-criminal record to the Brazilian consulate in Chicago to be legalized.
Well, they sent both of them back saying I need to send the non-criminal record to the Washington DC Brazilian consulate (in the jurisdiction where the record was issued) and I need to resend my birth certificate to Chicago (in the jurisdiction where my birth certificate was issued).
Since I'm leaving for Brazil on Monday, I'll have to have somebody fast ship my birth certificate to me when it's done. Fun stuff.
I'm also trying out making a sworn affidavit of me being single at the US embassy in Manaus. I'll let you know how that goes with the Cartorio
For proof of onward travel, I'm using a canadian site http://www.busbud.com/en to book a bus ticket. I found, without a CPF number, it's pretty much impossible to buy a bus ticket online for Brazil. But for this site, you don't need one. Just trying to find the cheapest route out of Brazil
Yeah, I hear you bigtime. That CPF number is an obsession here in Brazil, without it you're just like the INVISIBLE MAN and no amount of gauze bandages will help you be seen!
It's not only your individual tax number for the Receita Federal, but it is also your entire credit history and very existence. Not at all private and confidential here. Back in Canada, if anybody gets my Social Insurance Number they can go to jail just for having it, here you practically have to give it to the freaking garbage collectors or they leave the trash can at the curb! B-U-R-E-A-U-C-R-A-C-Y insane bureaucracy!
Hi, on the list of requirements for recognition of marriage in Rio de Janeiro I can see the following written:
"Comprovante de Residência do Município do Rio de Janeiro em nome de um dos cônjuges." Which then goes on for those cases where one of the spouses is visiting and not resident blablabla... then it says "Anexar uma conta de água, luz, telefone, etc.".
My question is: the proof of residency is proven by means of the water/gas bill attached, or are we looking at another type of proof record furnished by the Município?
Thanks
Any utility bill (water, electricity, gas, telephone or bank correspondence) for the address and in the name of the Brazilian spouse.
Hi William,
I married a Brazilian abroad, have applied and received my VIPER at the consulate. At the same time they returned to me a certified copy of my marriage certificate which they authenticated.
From this thread I understand that I now need to register my marriage once I get to Brazil as well? Is this correct?
Where does this need to be done?
Thank you,
Tony
Hi Tony,
That's correct, upon arrival in Brazil you can register the marriage at the 1º Oficio de Registro Civil either in the city of your residence in Brazil or the 1º Oficio de Registro Civil in Brasília. In your city would likely be most convenient.
Cheers,
wjw
wjwoodward wrote:Hi Tony,
That's correct, upon arrival in Brazil you can register the marriage at the 1º Oficio de Registro Civil either in the city of your residence in Brazil or the 1º Oficio de Registro Civil in Brasília. In your city would likely be most convenient.
Cheers,
wjw
Are the documents listed above those for registering in Brazil or at the Consulate? It is unclear.
Do happen to have a link to the government website with the required documents?
Would you know where the 1º Oficio de Registro Civil in Sao Paolo City is located?
What happens if I don't register my marriage?
Thanks!
The list of documents shown is for Consular Registration of foreign marriages while still abroad. As far as I know you simply appear at the 1º Oficio do Registro Civil (Brasília or you city of residence) with the Certidão de Casamento that the Consulado issues present it to them and they register the marriage in their books.
My wife is a Brazilian national. We married in the US in March 2014. We did not register the marriage at the consulado in Los Angeles. My wife is currently in Rio setting up house. I am traveling to Rio in March 2015. Can we skip the L.A. consulate and can she register the marriage in Brazil ?
My wife is a Brazilian national. We married in the US in March 2014. We did not register the marriage at the consulado in Los Angeles. My wife is currently in Rio setting up house. I am traveling to Rio in March 2015. Can we skip the L.A. consulate and can she register the marriage in Brazil ?
No you can't skip that part. See your other posting for the details.
Cheers,
James Expat-blog Experts Team
This is good information. Does anyone know how much the total costs would be? An estimate of all things included, registration, documentation, fees, etc.
You would be better off sending your marrige certificate to Br consulate in LA. It cost about US$ 20 to register and translate your marrige certificate Here it will cost you much more to have it officialy translated. About R$ 60 plus registring it When you arrive , for residency purposes you will need it for your visa. ( it is called family reunion) , you will have to have a transcription , last time I checked was about R$ 100 here in Rio.
Certo, however you can not send a marriage certificate to a Brazilian consulate. It must be presented at the consulate by the Brazilian spouse.
ohanasurf wrote:Certo, however you can not send a marriage certificate to a Brazilian consulate. It must be presented at the consulate by the Brazilian spouse.
Absolutely correct. Only the Brazilian spouse can register the foreign marriage and it SHOULD be done at the Consulado-Geral do Brasil in the same jurisdiction where the marriage was performed.
If the marriage was performed in a third country [i.e. neither Brazil, nor the country where the applicant now resides], then the Marriage Certificate must be authenticated by the Ministry of Foreign Affairs (or equivalent) in that country AND legalized by the Consulado-Geral do Brasil having jurisdiction where the marriage was celebrated, before the marriage can be registered by the Brazilian spouse in the country where he/she now resides.
Cheers,
James Expat-blog Experts Team
So basically get married in the region where I plan to go to the consulate to avoid a headache. Thanks for the price estimate, a relief to know that it isn't very expensive.
Once we get married outside the Brazil and obtain the marriage certificate, it is necessary that my Brazilian spouse will have to stay in that country for whole of the period until I don't receive my VIPER permanent Visa in my own country through Consulado-Geral do Brasil or she can leave to Brazil right after we get the marriage certificate and apply for my VIPER permanenet Visa?
And also, Is it that, we will have to arrive in Brazil to register the marriage at the 1º Oficio de Registro Civil right after we Obtain the VIPER visa in the country we got married or we can arrive in Brazil anytime, even after one or two years also to register the marriage at the 1º Oficio de Registro Civil in Brazil and also It is only My brazilian spouse can do it alone or we both of us will have to arrive in Brazil to do so?
What actually a Permanent VIPER Visa? Since Indian government doesn't allow Dual Citizenship, for that the foreigners who got married to an Indian they are Issued with the PIO cards which is a permanent free Visa for them for next 15 years which they can renew again and again for whole life time and which can be used in India for any kind of purpose like every Indian Citizen does except with so few limitations. What i want to know is that, Do Brazilian Government also Issue this kind of some cards as a permanent free Visa for whole life time and which will not be considered as a Citizenship of Brazil for me 'cause i don't want to lose my original and ongoing citizenship of India anyway?
Hello saurabh,
No, your wife would not need to stay in India while you were waiting for your VIPER Permanent Visa. SHE MUST BE THE PERSON who registers the marriage with the Consulado-Geral do Brasil (Mumbai or New Delhi whichever has jurisdiction over your city.).
When she returns to Brazil she would need to register the marriage again, at the 1º Oficio do Cartório de Registro Civil, either in her city or in Brasília - DF (whichever she wishes).
You MUST ENTER BRAZIL within one year of receipt of your VIPER Permanent Visa or it becomes invalid.
A VIPER Permanent Visa is not citizenship, so you would not lose your Indian citizenship. It is just a visa that permits you to remain permanently in the country, it is renewed every 10 years. You would lose your permanent status in Brazil if you are out of the country for more than TWO YEARS at any one time.
Cheers,
James Expat-blog Experts Team
Oh, Dear James, you are so awesome, i have been reading all your posts related to almost everything and you have provided the best and clear information ever to understand for anyone. You are great.
I have one more question to inquire about but i see if i do it with a new post or to add it in other post i find suitable for it, i will have to see it.
Thanks!
May God always Bless you and you family.
Dear James, Would this VIPER permanent visa and the marriage certificate and being the Spouse of a Brazilian and my passport would be enough document for me to Own a bank account in Brazil and to hold a Brazilian driving License? would I be also be able to own a property along with my Spouse and eligible to get a Job in there on the basis of my Educational Qualifications and working Experience in a Particular field?
And how I would be able to transfer money from My Indian bank Account to my Brazilian bank account if i will own a one and how much i will be able to transfer one at a time?
Yes, your VIPER would allow you to open a bank account in Brazil, you would first need to apply for your CPF (Cadastro de Pessoas Física) which is your individual tax number. Banks will also require proof of address (fixed telephone, water, gas or electic bill in YOUR name), proof of income from your employer, and many other things before they'll open an account for you. It is an extremely bureaucratic process and one that will take you many hours and several visits to the bank to accomplish.
If you already hold a valid Driver's License, you may be able to exchange it for a Brazilian Carteira Nacional de Habilitação - CNH, you would need to undergo physical, psychometric and vision tests and write a test on rules of the road. If you don't have a valid Driver's License then you would need to enroll in a Driving School in Brazil and go through the same process as any first time license applicant in Brazil.
Actually anyone, Brazilian or foreigner can own property in Brazil, about all that is really required is having a CPF number.
Cheers,
James Expat-blog Experts Team
Hi James,
Thanks for being so helpful on these issues!
I recently married my Brazilian girlfriend in Washington, DC. In a few weeks I fly down to Brazil with two weeks remaining on my tourist visa for the 2015 calendar year.
My plan is to Get my marriage certificate stamped at the DC Brazilian consulate + get my DC police criminal background stamped + get my passport officiated + get my birth certificate officiated.
Once in Brazil I am hoping to extend my tourist visa, get my documents translated as fast as possible, and register the marriage down there to get started on my VIPER visa.
A few questions:
1. Will I have trouble entering brazil with only two weeks left on my tourist visa?
2. Will my birth certificate from the 80's suffice as documentation?
3. What is the name of the form that I need here in the U.S. that has my parents' names and identities?
4. Are the above mentioned forms everything I need to A) register the marriage and B) begin the VIPER visa process, all inside of Brazil?
Thanks again for your help.
For the marriage certificate is registration different than legalization? Do you get a second marriage certificate from the consulate? Lol I'm not sure what I did. Also for Nick_8686 I don't want you to maybe make the same mistake I did. If I did make a mistake.
Phil, sorry for the confusion. I meant to say "legalization" - or bringing my USA marriage certificate to the DC Brazilian consulate to get that seal of approval (which I understand is necessary before registering the marriage in Brazil).
Sorry if my terms are a bit mixed up. I don't want to add to any confusion.
That's sort of my question. Is there a difference between "legalizing" the marriage certificate and "registering" the marriage certificate? So it can be registered in Brazil. I'm not sure if it's a semantic or real difference. And does the consulate actually issue a new marriage document in the country of origin or do they stamp the license that has been brought?
I did this at the Los Angeles Consulate. I provided the Legal Dept Brazilian Consulate with an original marriage certificate and paid a US$ 20.00 fee. 10 days later I received the same certificate with basically a certified to be a legal document consulate Brasil stamp on it. With this and other supporting documents my wife and I were able to register our marriage here in Brasil.
Yes, the two terms are different:
Legalization is the process by which the local Consulado-Geral do Brasil "authenticates" or "certifies" that a) the document is genuine; b) authenticates the signature of the signing authority (essentially reconhecimento da firma of the official who signed the document).
Registration is just that, registering the marriage in the Consular Cartório which in essence gives it the legal force of a Brazilian document. According to Brazilian law that document, however, must also be registered at the 1º Oficio do Cartório de Registro Civil in the state capital where one lives in Brazil, or in Brasília - DF (your choice).
Cheers,
James Expat-blog Experts Team
Hey James.
If it's ok. I'm getting my spouse to take a picture of the certification on the back.
Can I direct message you to see if it was actually registered. My spouse showed his passport and I showed my id. I just can't remember the language on the back. 😕
Hi James,
Sorry to bug but I was wondering if you had any advice about those four points above of mine:
few questions:
1. Will I have trouble entering brazil with only two weeks left on my tourist visa?
2. Will my birth certificate from the 80's suffice as documentation?
3. What is the name of the form that I need here in the U.S. that has my parents' names and identities?
4. Are the above mentioned forms everything I need to A) register the marriage and B) begin the VIPER visa process, all inside of Brazil?
Thanks again!
Hi NIck,
Yes, you'll likely not be allowed in if your visa (the document) expires in two weeks, that's vastly different than only having 2 weeks of the entitled 180 days per year left. You really need to apply for a new VITUR Tourist Visa.
It all depends on the Consulado-Geral if they'll accept the Birth Certificate or not. If they accept it and legalize it then you won't have any problem with the Cartório, but the law here requires the document to have been issued within the 180 days prior to submission for legalization, and some Consulados are really sticky about it. I'd invest in a phone call to the Consulado before just sending it in, don't know if they refund the fee if they refuse the document.
The document you're talking about is the "Inscrição Consular" you get it from the US Consulate here in Brazil. That is NOT required for registering a marriage that takes place outside of Brazil. It is also not required for the application for Permanência Definitiva com base em cônjuge brasileiro(a).
Documents Required for VIPER Permanent Visa Application
1. Completed application form, signed by the applicant.
2. Clear and legible Certified copy of applicant's passport (ALL PAGES - even if blank) or equivalent travel document.
3. Clear and legible Certified copy of applicant's Entry Card.
4. Certified Criminal Record Check / Police Conduct Certificate issued in country where you reside, may not be more than 90 days before sumbission or not considered valid. This document must also be "legalized" by the Consulado-Geral do Brasil in the country of issue.
5. 2 3 cm X 4 cm color photographs of applicant (on white background) Note: sunglasses or eyeglasses which might reflect light/flash must not be worn in these photos
6. International certificate of vaccination (if requested)
7. Clear and legible Certified Copy of Birth Certificate (if requested) or Marriage Certificate in the case of married women.
8. Proof of address (in Brazil) - phone/electric/water bill
9. Bank receipt for payment of visa fee (GRU - Guia de Recolhimento da União)
10. Any other documents that may be requested by the Federal Police.
NOTE: Item No. 4 is no longer required if you have no previous criminal convictions or pending charges in any country. You can just swear a Declaração Sob Pena de Lei de Não Condenação that the Federal Police will provide. The Criminal Record Check is still necessary for those who have a record, or those who are applying for permanency based on marriage to a foreign citizen with permanent resident status in Brazil.
Cheers,
James Expat-blog Experts Team
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