大咖福利影院

Menu
大咖福利影院
Search
Magazine
Search

Denied to marry my Brazilian girlfriend

CaraDeCharuto

Hello.

I'm looking for solution for our situation. We are dating more than 2 years now and I obviously overstayed my 180 days visa. I have 588 days of overstay. Promotoria has denied our marriage because we can't get PF declaration of my legal status. The obvious solution is to re-enter Brazil after paying the fine and apply again. For financial reason and due to health issues this solution is not desirable.

Is there any other way to us get married without me leaving and re-entering?
Would another cart贸rio and another promotoria decide in our favor? I mean is there a probability?
We are in North-East region and there no foreigners at all, our case is unique here, but what if it is still possible to marry somewhere in the South. I guess this kind of situation is common over there.
Is going to the court a reliable solution?
Does any other solution exist?

I appreciate your attention and have a lucky day.

See also

Marriage in BrazilTravel to BrazilExpat death in BrazilRetirement in BrazilLawyers in BrazilImmigration lawyers in BrazilCPF renewal/confirmation
abthree

Good afternoon,

As far as I know, your situation isn't common in the South, or in any other region in Brazil, or treated with any sympathy when it occurs.聽 I doubt very much that you'll get an answer more to your liking in any other state.

In your situation, my first step would be to consult a lawyer:聽 you've been living here two years, you or your fianc茅e's extended family must know someone.

If that's not practical for you, or doesn't produce a result,聽 consider traveling to a neighboring country,聽 getting married there, registering your marriage at the local Brazilian Consulate, applying for a VITEM XI visa, and returning.聽 聽You will need to pay your overstay penalty on departure:聽 聽if you try to leave it for your return, you may be denied the VITEM XI, and be unable to return.

Good luck.

Texanbrazil

In my opinion, I do not believe going to court will help. Cartorio's are approved by the court. DPF has final say as to immigration.
Overstaying visa is the first step to overcome. Such a long overstay can even mean denial of re-entry for a certain amount of time.
Have you discuss this with the DPF?
I would suggest marry in you country, but you still need a visa.

GuestPoster204

If you marry at a neighboring country, you need money to operate. Money is also needed to hire a lawyer, pay your fine. Does your bride be able to supply the funds?

abthree

It goes without saying that resolving the problems attendant on an overstay of almost two years is going to cost quite a bit of money,聽 one way or another.聽 聽And Tex is right, that the least complicated solution is for you and your fianc茅e to go back to Ukraine, get married,聽 and return as a married couple.聽

You've taken that option off the table, so the challenge is finding a solution closer to home, that doesn't get you a Departure Order from the Federal Police.

GuestPoster204

Overall, that still needs money - 2 round trip tickets, the fine payment and other misc
expenses. I know of a legal loophole but I can麓t mention that for fear that every illegal
would use it to dribble their way into Brazil. It麓s up for Brazilian authorities to fix that.

Please don麓t PM me. It麓s your own outlook to research it.

robal

CaraDeCharuto

I went to PF 2 days ago and didn't get departure order. I have a boleto to pay 10000 RS during next 60 days. And I have 10 days to appeal.

I'm not saying I can't pay a lawyer or the fine. What I'm saying I'm trying to spend less money and time. Hastle less too. And there is no need of my bribe's funds.

abthree

CaraDeCharuto wrote:

I went to PF 2 days ago and didn't get departure order. I have a boleto to pay 10000 RS during next 60 days. And I have 10 days to appeal.

I'm not saying I can't pay a lawyer or the fine. What I'm saying I'm trying to spend less money and time. Hastle less too. And there is no need of my bribe's funds.


You were lucky to receive a boleto for the fine without a departure order - so far, so good.聽 One could still come down at any time, though.聽 Did they give you a document that says you can stay for the 60 days of the payment period?聽 The cart贸rio may accept that.

We've had people post in the past about cart贸rios in Fortaleza being uncooperative with foreigners getting married.聽 聽Fortunately, it's a big city - fifth biggest聽 in the country聽 - and has several cart贸rios that perform marriages.聽 聽Changing cart贸rios may be the answer for that part of your problem, which will be the key to everything else.

GuestPoster204

He麓s still on illegal status and upon payment, I麓m afraid he would be ordered to leave. The 60-day stay is only for the time frame granted to pay the fine and nothing else for any other purpose. I麓m sure the PF is aware of maneuvers like that.

CaraDeCharuto

abthree wrote:
CaraDeCharuto wrote:

I went to PF 2 days ago and didn't get departure order. I have a boleto to pay 10000 RS during next 60 days. And I have 10 days to appeal.

I'm not saying I can't pay a lawyer or the fine. What I'm saying I'm trying to spend less money and time. Hastle less too. And there is no need of my bribe's funds.


You were lucky to receive a boleto for the fine without a departure order - so far, so good.聽 One could still come down at any time, though.聽 Did they give you a document that says you can stay for the 60 days of the payment period?聽 The cart贸rio may accept that.

We've had people post in the past about cart贸rios in Fortaleza being uncooperative with foreigners getting married.聽 聽Fortunately, it's a big city - fifth biggest聽 in the country聽 - and has several cart贸rios that perform marriages.聽 聽Changing cart贸rios may be the answer for that part of your problem, which will be the key to everything else.


That's interesting, thanks, will visit PF again. Cart贸rio is ok with my situation, it's a small town here and we know everybody around. Cartorio is ready to marry us. The thing is it's mandatory now for a cart贸rio to send papers to promotoria to evaluate every case of estrangeiros irregulares. The promotor here is young and very rigorous about existing laws and acts.
Even that there is a document for internal use from CENTRO DE APOIO OPERACIONAL DAS PROMOTORIAS DE JUSTI脟A saying that
"No entanto, 茅 importante ressalvar que inexiste restri莽茫o legal 脿
celebra莽茫o de casamento com estrangeiro cujo visto tenha expirado.
N茫o h谩 no rol de impedimentos, tampouco nos requisitos legais de
habilita莽茫o para o casamento (arts. 1.521 e 1.525 do CC), exig锚ncia ao nubente
estrangeiro para que comprove a regularidade de sua estadia no pa铆s.
Acredita-se que o objetivo de evitar a realiza莽茫o de casamento ilegal
refere-se, na hip贸tese ora abordada, unicamente ao interesse de coibir a
realiza莽茫o de casamentos fraudulentos, isto 茅, forjados para facilitar a obten莽茫o
de visto permanente pelo estrangeiro.
Ao sentir deste Centro de Apoio, parece inadequado impedir o
casamento de estrangeiros em situa莽茫o irregular devido ao receio de fraude.
Compreende-se que tamanha limita莽茫o dos direitos fundamentais ao
casamento e ao planejamento familiar n茫o deve ser amparada na presun莽茫o
de m谩-f茅 dos nubentes."

The promotor said we can appeal his decision in court.

GuestPoster204

CaraDeCharuto wrote:

I went to PF 2 days ago and didn't get departure order. I have a boleto to pay 10000 RS during next 60 days. And I have 10 days to appeal.

I'm not saying I can't pay a lawyer or the fine. What I'm saying I'm trying to spend less money and time. Hastle less too. And there is no need of my bribe's funds.


Hiring a lawyer would require more money and time due to the bureaucratic hurdles. You cannot escape the fine and there麓s no statute of limitations on it. As you stated, you have the money to pay 2
return tickets, your fine of R$10,000 and the misc. expenses. As long as you麓re already engaged and your future wife trusts you can execute the proceedings with confidence, you should heed Texanbrasil麓s original idea of getting married in Ukraine.

robal

abthree

robal wrote:

He麓s still on illegal status and upon payment, I麓m afraid he would be ordered to leave. The 60-day stay is only for the time frame granted to pay the fine and nothing else for any other purpose. I麓m sure the PF is aware of maneuvers like that.


As I said, which is why I first recommend proceeding with legal representation:聽 that puts the situation on a different standing, and makes a summary dismissal less likely.聽 It's still worth checking other cart贸rios, especially given聽 the inconsistencies that others have reported in Fortaleza.聽 A legal marriage would also change the facts on the ground, giving his Brazilian wife a right to have him in-country.

abthree

CaraDeCharuto

Sorry, we're having Internet problems this weekend,聽 and I didn't see your most recent post until after I posted the above.聽 I wasn't aware that intervention of the Promotoria is now required.聽 Also, your profile says that you're in Fortaleza; if you're in a small town in the interior with a negative decision from the local Promotor, that probably limits your options to leaving the country and coming back married.

GuestPoster204

CaraDeCharuto wrote:
abthree wrote:
CaraDeCharuto wrote:

I went to PF 2 days ago and didn't get departure order. I have a boleto to pay 10000 RS during next 60 days. And I have 10 days to appeal.

I'm not saying I can't pay a lawyer or the fine. What I'm saying I'm trying to spend less money and time. Hastle less too. And there is no need of my bribe's funds.


You were lucky to receive a boleto for the fine without a departure order - so far, so good.聽 One could still come down at any time, though.聽 Did they give you a document that says you can stay for the 60 days of the payment period?聽 The cart贸rio may accept that.

We've had people post in the past about cart贸rios in Fortaleza being uncooperative with foreigners getting married.聽 聽Fortunately, it's a big city - fifth biggest聽 in the country聽 - and has several cart贸rios that perform marriages.聽 聽Changing cart贸rios may be the answer for that part of your problem, which will be the key to everything else.


That's interesting, thanks, will visit PF again. Cart贸rio is ok with my situation, it's a small town here and we know everybody around. Cartorio is ready to marry us. The thing is it's mandatory now for a cart贸rio to send papers to promotoria to evaluate every case of estrangeiros irregulares. The promotor here is young and very rigorous about existing laws and acts.
Even that there is a document for internal use from CENTRO DE APOIO OPERACIONAL DAS PROMOTORIAS DE JUSTI脟A saying that
"No entanto, 茅 importante ressalvar que inexiste restri莽茫o legal 脿
celebra莽茫o de casamento com estrangeiro cujo visto tenha expirado.
N茫o h谩 no rol de impedimentos, tampouco nos requisitos legais de
habilita莽茫o para o casamento (arts. 1.521 e 1.525 do CC), exig锚ncia ao nubente
estrangeiro para que comprove a regularidade de sua estadia no pa铆s.
Acredita-se que o objetivo de evitar a realiza莽茫o de casamento ilegal
refere-se, na hip贸tese ora abordada, unicamente ao interesse de coibir a
realiza莽茫o de casamentos fraudulentos, isto 茅, forjados para facilitar a obten莽茫o
de visto permanente pelo estrangeiro.
Ao sentir deste Centro de Apoio, parece inadequado impedir o
casamento de estrangeiros em situa莽茫o irregular devido ao receio de fraude.
Compreende-se que tamanha limita莽茫o dos direitos fundamentais ao
casamento e ao planejamento familiar n茫o deve ser amparada na presun莽茫o
de m谩-f茅 dos nubentes."

The promotor said we can appeal his decision in court.


Hiring a lawyer for the appeal needs a considerable amount of time and the PF gave you 60 days to pay
the fine in which I believe a departure order would be issued on your behalf following the payment...

GuestPoster204

It seems easier to go back and marry in Ukraine and liquidating the fine at the same time. That is of course if your health permits that.

GuestPoster204

CaraDeCharuto wrote:
abthree wrote:
CaraDeCharuto wrote:

I went to PF 2 days ago and didn't get departure order. I have a boleto to pay 10000 RS during next 60 days. And I have 10 days to appeal.

I'm not saying I can't pay a lawyer or the fine. What I'm saying I'm trying to spend less money and time. Hastle less too. And there is no need of my bribe's funds.


You were lucky to receive a boleto for the fine without a departure order - so far, so good.聽 One could still come down at any time, though.聽 Did they give you a document that says you can stay for the 60 days of the payment period?聽 The cart贸rio may accept that.

We've had people post in the past about cart贸rios in Fortaleza being uncooperative with foreigners getting married.聽 聽Fortunately, it's a big city - fifth biggest聽 in the country聽 - and has several cart贸rios that perform marriages.聽 聽Changing cart贸rios may be the answer for that part of your problem, which will be the key to everything else.


That's interesting, thanks, will visit PF again. Cart贸rio is ok with my situation, it's a small town here and we know everybody around. Cartorio is ready to marry us. The thing is it's mandatory now for a cart贸rio to send papers to promotoria to evaluate every case of estrangeiros irregulares. The promotor here is young and very rigorous about existing laws and acts.
Even that there is a document for internal use from CENTRO DE APOIO OPERACIONAL DAS PROMOTORIAS DE JUSTI脟A saying that
"No entanto, 茅 importante ressalvar que inexiste restri莽茫o legal 脿
celebra莽茫o de casamento com estrangeiro cujo visto tenha expirado.
N茫o h谩 no rol de impedimentos, tampouco nos requisitos legais de
habilita莽茫o para o casamento (arts. 1.521 e 1.525 do CC), exig锚ncia ao nubente
estrangeiro para que comprove a regularidade de sua estadia no pa铆s.
Acredita-se que o objetivo de evitar a realiza莽茫o de casamento ilegal
refere-se, na hip贸tese ora abordada, unicamente ao interesse de coibir a
realiza莽茫o de casamentos fraudulentos, isto 茅, forjados para facilitar a obten莽茫o
de visto permanente pelo estrangeiro.
Ao sentir deste Centro de Apoio, parece inadequado impedir o
casamento de estrangeiros em situa莽茫o irregular devido ao receio de fraude.
Compreende-se que tamanha limita莽茫o dos direitos fundamentais ao
casamento e ao planejamento familiar n茫o deve ser amparada na presun莽茫o
de m谩-f茅 dos nubentes."

The promotor said we can appeal his decision in court.


I would like to add that the Minist茅rio de Justi莽a and the Federal Police works closely together as one
(PF being under the Ministry of Justice) and you having overstayed is now under further scrutiny. At the end of the day upon the appeal process, that promotoria will be referring to the Policia Federal for guidance and that would conclude the case especially if they suspect that the marriage is being performed for convenience. The Policia Federal has the final say on migration. Don麓t waste your time and money.

robal

GuestPoster204

abthree wrote:

CaraDeCharuto

Sorry, we're having Internet problems this weekend,聽 and I didn't see your most recent post until after I posted the above.聽 I wasn't aware that intervention of the Promotoria is now required.聽 Also, your profile says that you're in Fortaleza; if you're in a small town in the interior with a negative decision from the local Promotor, that probably limits your options to leaving the country and coming back married.


Referral to the Promotoria before marriage by strangers has always been in practice since I came to reside in Brazil in 1994.

robal

Mikeflanagan

hi just as a side note. they are starting to impose juros/multa on these as well so its not just the fine itself of 10 mil reais, i will attach what to expect.

on top of my 10 mil i had to pay an additional 3563 reais for a total of 13563.

If your true on this i would say pay it fast. else you will be hit with interest.

Mikeflanagan

if you need to see, i can send a copy of it

GuestPoster204

Mikeflanagan wrote:

hi just as a side note. they are starting to impose juros/multa on these as well so its not just the fine itself of 10 mil reais, i will attach what to expect.

on top of my 10 mil i had to pay an additional 3563 reais for a total of 13563.

If your true on this i would say pay it fast. else you will be hit with interest.


Now that麓s even harsher. Brazil麓s favorite to enforce is juros out of thin air! Someday Brazil would tax the air you breathe. The bigger you are, the bigger would be the tax - Brazil麓s concern to the environment as the Amazon burns up!

robal

Mikeflanagan

Yeah when wife was going to pay the whole fine even the bank was like holy sh** que isso lol small price to pay for what i want for my family but worth it at the end of the day. Brazil does need help with people trying to skip town to Brazil without paying their way. Hurts the economy overall. Hopefully i can get back home before all the borders are closed

apdebarros

Well , there is also 鈥榮table union鈥 here in the south (Florianopolis) . It鈥檚 not marriage but for couples living together.
But in your situations you might have to pay the fine , leave the country and return to marry .

apdebarros

But to be safer ; I would consult a Lawyer. Good Luck

liveinbrazil.net

One suggestion - have a baby! ***

Moderated by 尝辞茂肠 5 years ago
Reason : please, do not post actions which could break Brazilian laws
We invite you to read the forum code of conduct
liveinbrazil.net

Also, another alternative is to try and shop around different cart贸rios. As we all know, they can all have different rules and you may find one of them will marry you, even if you have overstayed.

Yulana

Good night! I highly think it has to do with which part of Brazil you are and the obvious reason for the marriage. Before i became a brazilian through naturalization. 6 years ago i got married on an expired overstayed visa.

I think it depends on who attened to you, the federal police was very nice to me she gave me tips on how i could've done everything being illegal at the moment. Bear in mind my over stay wasn't as much as yours. Mine was about a week or two; i hope you find a solution but i think they're denying the marriage because it's very obvious why you want to marry her now and not when you were yet legal.

聽 聽 聽 聽 聽 聽 聽 聽Best of luck! Keep us updated馃馃徔

Mikeflanagan

liveinbrazil.net wrote:

One suggestion - have a baby!


in respects to this until the fine is paid. they have no requirement to process any of it because of the fine. it turns into a messy loop with a child invovled. which revolves around paying the overstay.

GuestPoster204

Mikeflanagan wrote:
liveinbrazil.net wrote:

One suggestion - have a baby!


in respects to this until the fine is paid. they have no requirement to process any of it because of the fine. it turns into a messy loop with a child invovled. which revolves around paying the overstay.


Time is running out and waiting for a baby is out! After paying the fine (originally stated as within 2mos), I麓m sure he will be ordered to leave, and possibly be placed into black list and be barred from returning. The best solution is to go back together to Ukraine, marry there and come back together as a couple!

robal

GuestPoster204

liveinbrazil.net wrote:

Also, another alternative is to try and shop around different cart贸rios. As we all know, they can all have different rules and you may find one of them will marry you, even if you have overstayed.


He still have to pay the fine within the stipulated date but then for sure later ordered to leave Brazil EVEN if married! He can of course apply for a family reunion later in Ukraine through the Brazilian Embassy but first he has to leave because his time in Brazil expired a long time ago. Now, it does complicate matters if he麓s on the blacklist. In other counties you have to hire a registered lawyer of that country to lift the blacklist. I don麓t see how it would be different here! He should just go home with her and marry there. That SIMPLE.

robal

Texanbrazil

What's the deal with SC and having babies? Why say brake the law.