Proxy marriage process

Hello
Good morning
Various documents required, every state/cartorio has different requirements. 1-2 years to complete the process. Best option is to get married in Pakistan and then get visa from Brazilian Embassy.

Waseem,
First, you will need a good lawyer knowing immigration and marriage in Brazil.
I believe there is an older Brazilian law allowing marriage by proxy in Brazil, but it has been challenged by the immigration dept in Brazil.
I agree that is better to marry in Pakistan and validated at the Brazilian Consulate.
This is one subject which I personally would not get on ant website.
Good luck and let us know what happens.

You have to be careful because the process is bureaucratic indeed and if the whole marriage is done via proxy, it can create problems for the family reunion visa, as it is stated on the Portaria (infralegal norm) that regulates the visa for family reunions:
"§4º O visto de que trata o inciso I do caput não será concedido se o casamento entre o estrangeiro e o cônjuge chamante houver sido realizado por procuração."
Experienced assistance may be required. Good luck!

06/14/21

Waseem,
The regulation quoted by Sérgio Botinha above is crucial to your situation.   It says in translation

"The visa discussed in item I of the heading" (that is, the family reunification visa) "shall not be granted if the marriage between the foreigner and the petitioning spouse has been performed by proxy."

You and your partner should make every effort to be married in person, as MHSPCZONE and Texanbrazil suggest.

If you speak to an attorney about a proxy marriage,  be sure to understand clearly your chances of success, and what the costs will be.

My girl can't visit me due to travel ban that's why we planned to marry in Brazil

Thank you sir
She can't travel Pakistan in  this situation that's why we started this,  well thank you for your precious suggestion, will definitely let you know

Hello good morning sir "
My girlfriend can't travel to Pakistan due to travel ban impose by pakistani athourities how it we marry there in Brazil by proxy  and when we register our marriage in Brazil than she come to Dubai and we apply for  visa  together in person what you suggest for us
Thank you

Hello dear sergiobotinha,,
I married in front of judge and register in cortorio at sao Paulo in 2017.. Me and my wife were living together but unfortunately when the police federal visit our home, we both were on job, and unfortunately they refuse our case.. I submit an appeal and travel back to my country in 2018.. Now how I can check my case status and how I can travel to my wife as she is there waiting for me for long time in sao Paulo.. Need your kind suggestion please

Waseem,
Sérgio Botinha has given you the legal advice ("for free"). Even if you can find and hire an attorney that is an expert, you cannot get a permanent visa by a proxy marriage! . so I do not see how it will help you.
You may need to wait until all travel bans are lifted.

Thank you so much Texanbrazil I will wait until travel ban is lifted

Hi Waseem,

Having observation of your request and sensitivity of time as you are young, we advice you to travel via Sudan to get married on a timely basis.

In either case you need to stay and wait until flight restrictions are ease.

@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.