Registering a foreign marriage in Brazil

Maybe I'm reading into your question too much but I get the impression you may not have a fiance visa?

Make sure you don't marry her while she is in the US on a visitor visa.  Its automatically considered a fraudulent marriage depending on how long she was in the country especially if you marry within 180 days of entry.  Apply for a K1 fiance visa if you haven't yet. Wait it out and do it correctly. 

If you marry outside the US and try to enter with the intention of residency they will at best tell her to return to her country and apply for a spouse visa. At worse is she makes some kind of false utterance and gets charged with fraud, and gets a life time bar to entry.

Never make any kind of false statement to Customs and Immigration officers.

Best regards for your future marriage

James

What James stated is true in the US.
We married in Brazil and went to the US. She was on a tourist visa, but we married in the US and had all US docs apostilled and translated. We registered the marriage with the BR Consulate in the US.
We returned after our vacation and registered a US marriage here in Brazil.
I did this just in case plans change and want to return and live in the US. I discussed all this with US Customs and they advised me we would need a K1, but with all the documents we have, they said there should be no reason for denial.
Should you decide to move to Brazil you will be way ahead of the procedure to get a permanent resident visa in Brazil.
As a side note, my wife traveled to the US without me and had no issue with customs but the return ticket was requested, which she had.

01/11/22

What James and Texanbrazil say is correct.

On this site, we often suggest to couples who plan to live in Brazil that they marry in the country of the non-Brazilian spouse, the US for example, and register their marriage at the Brazilian Consulate and get the non-Brazilian spouse's visa prior to leaving for Brazil.  Doing it this way makes it easier for the non-Brazilian spouse to get a visa to live in Brazil, and makes some of the paperwork for registering the marriage in Brazil a little easier, too, once they get here.

However, it does not work the opposite direction, when the intent is to live in the United States.  The US is very strict about requiring a spousal visa to be obtained abroad to start the green card process.

Yes James you are reading a whole lot into my question. She is a legal permanent resident of the USA. I just wanted to know if registering the marriage with the Brazilian Consulate General has any benefits or liabilities for that fact.

She is a legal permanent resident of the USA. I just wanted to know if registering the marriage with the Brazilian Consulate General has any benefits or liabilities for that fact.

She is a legal permanent resident of the USA. I just wanted to know if registering the marriage with the Brazilian Consulate General has any benefits or liabilities for that fact.

01/11/22

ezriderandre wrote:

She is a legal permanent resident of the USA. I just wanted to know if registering the marriage with the Brazilian Consulate General has any benefits or liabilities for that fact.

In that case, there are minor benefits, and no real downsides to registering shortly after you're married.

Registering the marriage right away, particularly if she takes your name, will be one less thing that needs to be done whenever she has official dealings with Brazil, like renewing her passport or registering children down the line.  It may also make things somewhat easier if you later decide to live in Brazil, temporarily or permanently.  But it can be done at the same time you start any of those processes, too.

God forbid, in case of a break up. Would divorce proceedings have to be completed in both countries?

01/11/22

ezriderandre wrote:

God forbid, in case of a break up. Would divorce proceedings have to be completed in both countries?

I don't think so.  Both US marriages and US divorces are recognized in Brazil.

To keep the paperwork clean, the divorce decree should also be registered at the Brazilian Consulate.  If either partner wants to remarry in Brazil at some point, that person will need to present the consular certifications of both the marriage and the divorce to the cartório for the second marriage to go ahead.

But we certainly hope that it never comes to that.     Good luck, and congratulations!

abthree how did you develop your expertise on the subject matter?

01/11/22

ezriderandre wrote:

abthree how did you develop your expertise on the subject matter?

Fair question.  First of all, let me be clear:  all of my knowledge is ad-hoc.  I'm not a lawyer, and crucial legal issues should always be discussed with a lawyer. 

Being bilingual in Portuguese and working as a consultant for US companies trying to expand their businesses in Brazil, I got a lot of practice in reading Brazilian laws and regulations across a range of topics and interpreting them to non-Portuguese speakers, often with the help of Brazilian attorneys.  I had to become conversant with Brazilian immigration law for self-preservation:  making sure that I could stay my maximum number of days each year, distributed in the most efficient way possible, without ever overstaying and incurring fines or other penalties.

I married a Brazilian with the intent of living in Brazil in 2017, so I researched visas, marrying in Brazil, marrying in the US, getting marriages registered,  the interplay between the Foreign and Justice Ministries in the processes, and how not to get crosswise between them.  My now-husband and I also consulted an immigration attorney in the US to understand what his options would be, if at some point we decided to live in the US.  We got married in Illinois, registered our marriage and got my visa at the Brazilian Consulate General in Chicago, and registered the consular certification at the cartório in Manaus, where we now live, two months later. 

Brazil's immigration laws changed completely at the end of 2017, so I spent a great deal of time studying the new laws, figuring out how they differed from the old ones, and reading the implementing regulations.  In 2018 we bought an apartment, and we hired a very good attorney, who provided a lot of information on how real estate works here.  In 2019 I applied for naturalization as a Brazilian citizen, so I learned that process by doing it, too.  The naturalization went through that December.   Nowadays, I spend 2-3 hours a week researching answers for new questions people ask here on expat.com, and doublechecking to make sure that old answers are still valid.

ezriderandre wrote:

abthree how did you develop your expertise on the subject matter?

From following this website for the last couple of years, it seems that Abthree is an expert on almost everything Brazilian. In fact I'm pretty sure that she doesn't even really exist; I suspect she is some sort of AI bot inserted by the PF so all of us gringos don't FU and cause a lot of problems down the road

01/11/22

Drjmagic,

Thanks. buddy! 

Just one thing -- I'm a guy.     My avatar is the topper from our wedding cake.  I'm the one with glasses and no hair; the good looking one is my Better Half. 

abthree you shouldn't have answered my question, now I'm going to inundate you with questions. How is the foreign marriage certificate, issued by the Consulate, filed with the local civil registry without traveling to Brazil?

Drjmagic wrote:

ezriderandre wrote:

abthree how did you develop your expertise on the subject matter?

From following this website for the last couple of years, it seems that Abthree is an expert on almost everything Brazilian. In fact I'm pretty sure that she doesn't even really exist; I suspect she is some sort of AI bot inserted by the PF so all of us gringos don't FU and cause a lot of problems down the road

AL bot..........

Unfortunately,  l and I look the same on this site.

AI = Artificial Intelligence. Maybe I should have posted "A.I."

01/12/22

ezriderandre wrote:

How is the foreign marriage certificate, issued by the Consulate, filed with the local civil registry without traveling to Brazil?

I don't think it can be, although your fiancée can check with the appropriate cartório below to see whether it's now possible.  I believe that the Brazilian spouse has to go to the cartório in person; presence of the foreign spouse is optional.  There's no deadline and the consular certification never expires, so it's something that can be done on a visit back to the in-laws.  If you take that route, it's good to go to the cartório early in your visit, because it takes them a couple of days to process the request.

You have two options for a cartório, noted on the certification:

-- the Cartório de Registro Civil do Primeiro Ofício of your fiancée's hometown, the vital records office that already probably has her on file, or if that's impossible or inconvenient,

-- the Cartório do Primeiro Ofício do Distrito Federal in Brasília.

The cartório will keep the consular certification (it's a good idea to obtain a "2a Via", a duplicate original, for your records from the Consulate when you register); in return they'll give you a Brazilian marriage certificate, a "Traslado de Casamento", in a few days.

Drjmagic wrote:

Unfortunately,  l and I look the same on this site.

AI = Artificial Intelligence. Maybe I should have posted "A.I."

No, it was fine. Just an inside joke with us.
Nothing artificial with abthree.

abthree what is the worst thing that could happen if we just didn't register the foreign marriage with Brazil at all?  Thanks again.

André

01/12/22

ezriderandre wrote:

abthree what is the worst thing that could happen if we just didn't register the foreign marriage with Brazil at all?  Thanks again.

André

Not a lot, I don't think.  I'm not aware of any law that you'd be breaking -- ever.  Some situations where it might come up:

1. If your wife wanted to file her Brazilian income taxes jointly.  But, if she's no longer a Brazilian resident, I assume that she no longer needs to file in Brazil, anyway.

2. When she goes to a Brazilian Consulate to renew her passport, particularly if she's taken your name. Chances are that they'll ask her to register the marriage as part of that process.

3. If you have children and register them at the Consulate, you'll probably be asked to register your marriage as well.

4. If you decide that you want to spend more time in Brazil than a tourist visa allows, and you'd like to request permanent residency.  As part of the process for your visa, they'll want to register your marriage. 

As you can see, there are no penalties that attach to any of that.

Can someone clarify this statement: "Make sure you don't marry her while she is in the US on a visitor visa.  Its automatically considered a fraudulent marriage depending on how long she was in the country especially if you marry within 180 days of entry.  Apply for a K1 fiance visa if you haven't yet. Wait it out and do it correctly. "

I am in a similar situation to the OP but the plan is for my fiancee to "visit" the US and we get married as soon as she arrives. Register the wedding at the consulate then leave the US for Brazil. We then stay in Brazil for as long as it takes to get a visa for her to come to America with me. After 2 years of struggling with the covid situation and travel, this seems the fastest method to get together, waiting longer for the K-1 to arrive is just too stressful.

My understanding is that, if we marry while she is visiting with the intent of returning to Brazil, it shouldn't be a problem. Looking for clarity on this.

01/12/22

seinfo3 wrote:

I am in a similar situation to the OP but the plan is for my fiancee to "visit" the US and we get married as soon as she arrives. Register the wedding at the consulate then leave the US for Brazil. We then stay in Brazil for as long as it takes to get a visa for her to come to America with me. After 2 years of struggling with the covid situation and travel, this seems the fastest method to get together, waiting longer for the K-1 to arrive is just too stressful.

My understanding is that, if we marry while she is visiting with the intent of returning to Brazil, it shouldn't be a problem. Looking for clarity on this.

That should not be a problem.  That was exactly what we did (although our intent was and still is to live in Brazil permanently), and had no issues.  It apparently does become a big problem if the plan is to live in the US after the wedding, and the foreign spouse does not enter on a K-1.

abthree my fiancé needs to get certified copies of her birth certificate and divorce certificate. Will a Brazilian Consulate here in the USA be able to assist getting those for her? Thanks

André

01/12/22

ezriderandre wrote:

abthree my fiancé needs to get certified copies of her birth certificate and divorce certificate. Will a Brazilian Consulate here in the USA be able to assist getting those for her? Thanks

André

It wouldn't hurt to ask them, but I doubt it.  A family member could probably get them for her at the cartório, but that person may need a "Procuração", a Brazilian Power of Attorney, to do it.  She could probably do that at the Consulate and send it to them if needed.

seinfo3 wrote:

Can someone clarify this statement: "Make sure you don't marry her while she is in the US on a visitor visa.  Its automatically considered a fraudulent marriage depending on how long she was in the country especially if you marry within 180 days of entry.  Apply for a K1 fiance visa if you haven't yet. Wait it out and do it correctly. "

I am in a similar situation to the OP but the plan is for my fiancee to "visit" the US and we get married as soon as she arrives. Register the wedding at the consulate then leave the US for Brazil. We then stay in Brazil for as long as it takes to get a visa for her to come to America with me. After 2 years of struggling with the covid situation and travel, this seems the fastest method to get together, waiting longer for the K-1 to arrive is just too stressful.

My understanding is that, if we marry while she is visiting with the intent of returning to Brazil, it shouldn't be a problem. Looking for clarity on this.

As I stated above, no issue in doing so as long as your spouse has a return ticket to Brazil.
I also married in the US with my Brazilian wife and had it registered with the BR Consulate. There is no intent to defraud if her stay is per her visa.

Thanks. I have been researching the ins and outs of multiple scenarios for many months and narrowing it down to the quickest/easiest path. I have been building a list of questions and hope to get some more help on this forum.....which has been a great source of help for me so far.

I have less than a month left on my tourist visum. I don’t wanna leave my girlfriend and go back home. What would be the best option to be able to stay in Brazil?

A Brazilian stable union or a US marriage and then registering the US marriage in Brazil?

I’ve heard that residence permits with a stable union take longer and are more scrutinized than marriage?

@Grongie

hello Grongie,

It can be done by agreement at justice, both parts sign the Uniao estável agreement and a lawyer send to the court, the judge will homologate it.

during Covid pandemic years I did a lot of this kind of união estável, it was the only way the couple could be together (we used when one person was in Brazil and the other in another country, with this document they could be able to travel to Brazil and to countries where união estável is recognized)

usually we can do it in one month.

if you are interested I can explaining by telephone.

Dra Viviane Moreira, Brazilian lawyer

***

The problem is that we don't have much evidence of our relationship. I've read that they ask proof. But they don't ask proof for marriage? I've also read that once you're married you can't be deported anymore, even if you don't have a residence permit yet.

There's not much time left before I'm illegal here.

01/29/23 The problem is that we don't have much evidence of our relationship. I've read that they ask proof. But they don't ask proof for marriage? I've also read that once you're married you can't be deported anymore, even if you don't have a residence permit yet.
There's not much time left before I'm illegal here.
-@Grongie

Yes, you have let the time get ahead of you.  With the help of an attorney, your chances of getting your relationship recognized under the wire are good, if there are no other impediments; trying to do it on your own, your chances decline considerably.

But since you're Dutch, you can leave Brazil at the end of your visa and return after only 90 days.  Then you'll have the time you're away to update your documents and have another 90 days when you return to get your relationship recognized, or to get married, if you start immediately on your return.

@abthree Do you know about the different kind of marriages in Brazil? I saw there are some with prenuptials depending on the type of marriage.

01/29/23 @abthree Do you know about the different kind of marriages in Brazil? I saw there are with prenuptials depending on the type of marriage.
-@jasonlovesdogs

There are different types of marriage, all of which have to go through the cartório and that really only differ in where they take place and who the officiant is. What you seem to be asking about is the property settlement -- "Regime de Bens" -- that is a required part of every marriage and união civil. They are:

• Comunhão Parcial de Bens: everything acquired by the spouses prior to marriage is their own personal property. Anything acquired after the marriage is common property. This is the most common regime, and is the default if the spouses don't choose one;
• Comunhão Universal de Bens: all property of the spouses, pre- and post-marriage, is common property. To choose this regime, the couple needs to register a pre-nuptial agreement, "pacto ante-nupcial", at a different kind of cartório, a Tabelionato de Notas and present it at the cartório that handles weddings.
• Separação Total de Bens: all property of the spouses prior to the marriage continues to be their personal property. All property acquired after the marriage is the personal property of one or the other. This regime requires a pacto ante-nupcial from the Tabelionato de Notas to be accepted.
• Separação Obrigatória de Bens: all property of persons who marry who are over 70 years old or under 16 years old remains separate by law.
• Pre-nuptial Agreements of persons married outside Brazil, if registered with the marriage at a Brazilian Consulate, are also registered at the cartório with the Certidão de Registro de Casamento Consular from the Consulate, and are enforceable in Brazilian courts.

(source:  https://www.casamentocivil.com.br/regime-de-bens)

This may have been covered already but will the registry in Sao Paulo accept a divorce decree that is dated back in 2000 but apostilled now updated,  if not would they accept a divorce certificate updated as of now.  Thus avoiding unnecessary translation fees on a 10 page decree.   

thanks everyone

i from usa to marry in Sao Paulo

01/29/23 This may have been covered already but will the registry in Sao Paulo accept a divorce decree that is dated back in 2000 but apostilled now updated, if not would they accept a divorce certificate updated as of now. Thus avoiding unnecessary translation fees on a 10 page decree. 
thanks everyone
i from usa to marry in Sao Paulo
-@danieldemetris

The cartório should accept your divorce decree with a current apostille, but every cartório is a little different.  At any rate, you might as well get the Sworn Translation started as soon as you can.  You're going to need it regardless, and the Divorce Decree will be the same text even  if you need to have it reissued, won't it?  Ten pages plus the apostille will take some time to turn around.

@abthree excellent

@abthree Since you married in the U.S. and registered your marriage through the consulate, perhaps you will know the answer to the following question:

How is the regime de bens determined from your US marriage certificate? We are getting married in Florida, which does not note the marriage property law on the certificate. When we are at the consulate, can we choose the regime ourselves? We have heard horror stories of foreign marriages registered in Brazil with “lei local” missing or otherwise indeterminable regime de bens. This has the unfortunate effect of slowing down the probate process when, for example, the parent of the Brazilian spouse passed away. Apparently it can take years to fix.

Can you expand a little bit on how the regime de bens can be determined and noted for a case like ours? We are a US citizen and Brazilian citizen (on F-1 visa) getting married in the US.

02/24/23 Welcome, carnhancaitlin.  It's pretty simple, as long as you take care of it upfront, as you plan to do. 

You will have to select a "regime de bens" at the Consulate when you register your marriage.  By far the most typical choice in Brazil is "Comunhâo Parcial de Bens", which means that anything that was the private property of the spouses prior to the marriage remains their private property, along with any income from that property, and any property or income that they acquire together after the marriage is shared property.  Other less common "regimes" usually require additional documentation, so the Consulate will suggest "Comunhão Parcial de Bens" to you.  The Regime de Bens that you and your spouse choose will appear on the Certidão de Registro de Casamento Consular" that the Consulate will issue to you (I recommend paying for one or more duplicate originals -- "2a Via" for your records), and flow through from that to your Brazilian Marriage Certificate, the "Traslado de Casamento", that the Cartório do 1o Ofício will issue to your spouse in exchange for the Certidão Consular.

If you have a pre-nup, the Consulate will recognize it as a valid Regime de Bens, and record it on the Certidão Consular.  If you opt for that, be sure that the pre-nup meets the legal requirements of the state where it's issued, and have a notarized copy to give to the Consulate for their records.

@abthree Thank you!!! Very helpful.

To be very clear, we can ourselves choose the regime de bens at the consulate? We were under the impression that it is not our choice, but rather the consulate will choose a choice that is reflected on our marriage certificate. Since FL does not denote this information, we thought the consulate would be forced to note “lei local”

02/24/23 @abthree Thank you!!! Very helpful.
To be very clear, we can ourselves choose the regime de bens at the consulate? We were under the impression that it is not our choice, but rather the consulate will choose a choice that is reflected on our marriage certificate. Since FL does not denote this information, we thought the consulate would be forced to note “lei local”
-@carnahancaitlin

You're welcome.

As I recall, and my husband just confirmed, without a pre-nup, we would have had to select a regime de bens at the Consulate.  That was in 2017, but I doubt that it has changed.