I am American that recently married a Brazilian woman. I was successfully able to apply for my permanent resident visa a few days ago. BUt my children who are not from my wife, were told they need wait for me to receive my physical card . The federal police stamped my passport and gave me a temporary card with rne number and protocol number.
The problem is...
My children have TOURIST visas and now they have one more day before they hit the 180 days for year and police said they can't start the application for permanent visa until I am done.
They said because they are not my wife's kids, and this is the reason.
They also said it would be easier for them to obtain the visas back in USA at the Brazil consulate we received our tourist visas at.
Problem is, I don't have enough money right now to bring them all the way back to America. And I'm currently being told I need to wait for card to be ready and pick up from federal police when ready.
I made aware to them the situation and they just said, there is nothing they can do. The kids need to leave tomorrow.
I don't understand because since I married, and I do have sole custody of my kids , they are part of the family, and children of a permenant resident (me) I'm just pending the card. Why can't they apply with me? Or why can't I apply for them as dependents in Brazil now that I have my passport stamped and rne number....?
Also, if they overstay, which will probably happen, once I get my card, I go police and apply for them under me as my dependents, everything should be fine.
My fear is that if we're stopped and their passports are ran if they stay and wait with me, the police could begin problems with Feds and stuff.
Permanent visa for my children
And I don't want to ruin my kids passports with any kind of issues.
We applied for our kids on the same day of our own application. One parent can apply for his/her children. And the protocolo is all you need, not the actual card. I suggest you try going to another Policia Federal office. Or go to the same branch but on a different shift in the hope you meet someone more knowledgeable about the rules.
The kids are my biological kids, not hers. So as long as I have a protocol number then I can apply as my depnedants right?
Simply put if the Policia Federal unit doesn't want to process the visas based on your Protocolo then in reality the officer either doesn't know how to get the file processed or might just be lazy.
I know of 2 families residing here in Florianopolis currently who have applied for themselves on Permanencia based on Brazilian child and also for there elder children based on family reunion at the same time.
Last but least worse case scenario is that you will have to pay for the overstay fine and nothing else.
If you have any questions or require any clarifications please feel free to update us here in the forum
Regards
Justin
Furthermore based on your post please note that sending them back right now will be the wrong move. You are well within your legal rights to sponsor your children.
Whoever has given you the reply you have mentioned above is completely incorrect.
Regards
Stanza
Stanz is correct. Sending them back is the wrong thing to do. Since they are your children they cannot be deported.
Jim
I agree with Jland912,Stanza, there bark is worst than there bite, unless they want to pay the airfare which I doubt. I'd ride it out and seek help from the nearest embassy. It's all about money. I think it's a double standard being applied for if your wife had a child by you, you cannot be deported. It will just take time for all this to work it's way out. I mean who can the children return to???.
Somethings just don't make sense here. Like the two guys I saw carrying a fully functional wheelbarrow????. Not to make light of your situation, I just can't see them deporting the children.
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