married in US, didn't register at Consulado in Los Angeles
Thanks David
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The short answer is NO, you can't skip the registering the marriage with the Consulado-Geral do Brasil in Los Angeles. The legislation requires that it be registered in the Consulado, since it's the Consular Cart贸rio that will issue a Certid茫o de Casamento which then must also be registered in the 1潞 Oficio do Registro Civil in Bras铆lia or the city where you will reside (your choice).
To make matters even more complicated for you, it is ONLY the Brazilian spouse who can actually register at the Consulado, so your wife would need to return to the USA to do so. It really doesn't pay to try and second guess the system.... it's always much better to find out these details well in advance. The other way around always ends up being far more costly and time consuming.
Until such time as your marriage is registered with the Consulado and again here in Brazil you won't be able to apply for Perman锚ncia definitiva com base em c么njuge brasileira either.
Cheers,
James聽 聽 聽 聽 Expat-blog Experts Team
Correct me if I am wrong but I seem to have two options;
1. My wife presents herself at the Consular in Los Angeles with the US marriage certificate.
Or,
2. We get married in Brasil
The first option, will probably end up being less expensive and certainly much less time consuming.
The bureaucracy regarding marriage (for foreigners) in Brazil borders on the absurd, trust me!
See the following posting and you'll see exactly what I mean:
/forum/viewtopic.php?id=280525
You'll have less headaches if you arrange for your wife to come back to the USA and register the marriage there.
Cheers,
James聽 聽 聽 Expat-blog Experts Team
I can't see how the Consulado could really place a time limit on registering a foreign marriage, since doing so would prevent all Brazilians who were long-term foreign residents and married abroad, without intentions of returning to Brazil when they married from changing their minds at some point in the future. If they couldn't register a marriage that had taken place years before, but was not registered. It also would tend to be a clear violation of the citizen's rights under Sec. 226 of the Consitui莽茫o da Rep煤blica Federativa do Brasil de 1988, which guarantees special protection to the family unit.
Randinho wrote:We registed our marriage at the Brazilian Consulate in NYC 11 years after we were married. Unless the law changed there isn't a limit.
Thanks very much for this important information! I couldn't see how there could possibly be a time limit set on registering a foreign marriage with the Consulado.
Cheers,
James聽 聽 聽 聽 聽 聽 聽Expat-blog Experts Team
Sounds like a great plan, it should make things much easier for you on this end for sure.
Wishing you and your wife all the best. One day I'd love to hear that story, sounds really interesting.
Cheers,
James
My wife (Brasilian national) is still in Brasil.聽 I (US National) visited the Consulado General in Los Angeles yesterday, presented our US Marriage Certificate for legalization in person along with a US Postal Service Money Order in the amount of US $ 20.00. Marriage Certificate accepted by the Consulado. We just saved ourselves a lot of money and headache. The process was very painless.........
Cheers,
James
I obtained a new long form birth certificate from the county registrar (took about 10 days to receive in the mail).
I went to the county sheriff's department and received a record of criminal history.
I took birth certificate, marriage certificate, and criminal history record to Brazilian consulate for "legalization". (another 10 days).
I purchased a round trip airfare and completed the process for a tourist visa for Brazil and received the standard 90 day visa.
Upon arrival in Brazil I took marriage certificate, birth certificate and criminal history record to an official translator and had all documents translated to Portuguese.
Brazilian wife then took legalized marriage certificate and translation her birth certificate, and proof of residence to notario then submitted documents to the 1 Oficio do Registro Centro in centro Rio. 15 days later we returned to the registro and picked up our Cerificao do Casamento.
At this point my tourist visa status no longer mattered, but we did not procrastinate like we had in the US.
I had copy of my passport certified,copy of my legalized birth certificate and translation, copy of wife's ID certified, copy of a cell phone bill in wife's name certified (proof of address), copy of certificate do casamento certified, legalized copy of criminal history and translation certified.
We went to the dpf website (use internet explorer) estrangeiro sector and completed the application for permanency based on marriage. An appointment for filing the application a the Policia Federal office at Galeo airport was made at the same website. We did not have the standard declaration that we are living together as married, strange its not available at the website.
While at the offices for the DPF after 2 hour wait the application for permanency was kicked back for two reasons. 1. The declaration that we are living together in a marriage . 2. Declaration of no criminal history form ( seems the work of going to a US law enforcement agency, the consulate, translator and notario was wasted, all they wanted was the fill in the blanks form).
We asked for, and received both forms at the DPF office, filled them out and signed them in the presence of a civil employee and resubmitted the application package. After about 2 more hours I was fingerprinted and my passport was stamped permanenci, I was issued an RNE and told to return in 40 days for the ID card. We went to a post office in Ipanema and completed an application for CPF (Cadastro de Pessoas Fisicais) and half hour later we were at the Secretaria da Receita Federal where they issued me a CPF.
It was all quite painless thanks to all the assistance on this website, and some patience with the bureaucratic procedures. Hope this lessons learned helps anyone in the same situation.
Really the Crimina Record Check (for anyone who has no previous convictions) is now redundant, the fill in the blanks "Declara莽茫o Sob Pena da Lei de N茫o Condena莽茫o" is all the Federal Police need now (conforming with the Constitutional right under Art. 226 - protection of the family unit) and the further declaration that you're still together as a couple.
I've always wondered why these forms are not downloadable as a PDF on the Policia Federal website, but that's Brazil for you!
Just a word for anyone who may have a previous criminal conviction, that should not eliminate you from applying for permanency, but you will require the Criminal Record Check (legalized by the Consulado) and your application for permanency WILL NOT be done under the new procedures by the Policia Federal. It will be accepted by them, but will be handled like the old procedures and be sent off to the Minist茅rio da Justi莽a for a final decision. It will likely be in the same old 3 step process that each step must be completed before the next one is started, and may well take up to 2 years to obtain permanency like it did for all of us who applied under the old system.
That in itself could be a real deal breaker for applying for permanency, because you MAY NOT have the automatic right to work in Brazil until permanency is actually granted. That is something that you'd need to confirm with the Policia Federal should you find yourself in that situation.
Cheers,
James聽 聽 聽 Expat-blog Experts Team
After reading everything it has been A GREAT help.
I just have another question,聽 I am in Brazil now, plan to stay until September. HOWEVER, I would have used all but 2 days of my tourist visa upon my return to the US.
I married in the US and thought I could simply register it here, well now I realize its way easier to do this back home.
My question is if I do all these steps when I return to the US in September, bring my husband to the consulate to register my marriage---
would I be able to return to Brazil to apply for VIPER visa?

....I feel stuck now,
should I change my return date? Could I begin the process now?
any advice will help
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