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Marriage and permission to stay in Brazil

Last activity 29 April 2023 by Nomad Mundo

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JodyVL

Hi all,


I read through many of the marriage threads and can't find a similar situation so posting a new one!


I am a foreigner with Permanência, currently living in Brazil. I will (hopefully) be getting citizenship in the next few months. (I'll be writing the CELPE-Bras test this April).


My fianceé is Venezuelan. We intend on living together here in Brazil. She will be joining me here in a few months, probably after I already have citizenship.


She will arrive here with her two daughters on a tourist visa (actually, with no visa technically, because she has visa exemption). I know she will be able to stay for 3 months, plus another 3 months extension.


So my question is, once we get married here, will she be able to apply for Permanência based on being married to me (a newly made Brazilian ;P). .. ?

haragiar

@JodyVL Yes. Not sure what is unique about your situation. Once you are a Brazilian citizen, you will have the same rights as natural born ones (mostly -- can't be President or certain high ranking elected offices).

abthree

03/19/23 @JodyVL. Yes, she can, and her children, too, as long as they're minors.  That's true whether or not you're successful in this attempt at naturalization:  you can bring them in on the same terms as a legal resident.   Check with the cartório where you plan to get married to be sure what documents she'll need for the marriage. You'll also need to know what documents she'll need, for herself and the girls, to apply to the Polícia Federal for their Authorization for Residency.


You may want to discuss her situation with an attorney if there will be any difficulties in getting the necessary documents from the Venezuelan authorities.   You'll also want to know before whether any agreement from the girls' father is required to admit them.

JodyVL

@abthree


Thank you for replying so quickly! (and @haragiar too)


I was told in one cartório that I would have to be a citizen if I wanted to marry a foreigner here. (i.e. one person has to be Brazilian in order to get married in Brazil). I mean, it doesn't matter in the end because I want to get citizenship anyway - but it will matter if my first attempt at this fails for some reason.


I'll be going to the cartório any day now to check all that, thank you. Not sure _which_ cartório exactly handles this actually.

I have thought of speaking to an attorney. Do you know of any that you could recommend? I'm wary of this because years ago I had a situation where I paid more simply because I am a foreigner and didn't know any better. I like to think that I'm savvier than my 28-year-old self nowadays ;P But referrals are always good, hehe.


Unfortunately yes, we need the father's permission because she intends to move, not just to visit.

abthree

03/19/23 @JodyVL. You're welcome -- Sunday morning is pretty laid back at our house.


Opinion seems to be divided on whether two foreigners can marry in a Brazilian cartório. Cartório employees will often say that something can't be done just because they've never seen it done. You could try asking at other Cartórios do 1º Ofício/Cartórios de Registro: you could get married at any one. Often in a larger city, there's a cartório or two that sort of specializes in weddings, that may be more open to the idea. You can often get a clue from their online advertising. Here's a pretty current reference on marriage between two foreigners; I also saw one from a law firm, but it was older:


https://www.juramentada.com/o-que-e-nec … no-brasil/


I don't know any attorneys in Salvador. The best way to find one is to ask around in your Brazilian network for any they know. Failing that, you can do a search in your immediate area on jusbrasil.com.br . Immigration Law is considered part of International Law here, so look for either one as a specialty. Often, they won't charge for an initial get-to-know you interview.


An attorney can confirm the documentation that your fiancée and her children need, and may be able to facilitate the actual marriage. S/he may also suggest processing residency for them as refugees, which will take some pressure off you.


A lot seems to be hanging on your success on CelpeBras. If you haven't seen it yet, here's a collection of past tests that the Federal University of Rio Grande do Sul keeps. Timed practice with these old tests helped me prepare:


https://www.ufrgs.br/acervocelpebras/acervo/

JodyVL

@abthree Hi abthree!


I will definitely try find out more about getting married. It's going to be very relevant if I somehow manage to fail to get citizenship before my fianceé arrives. And it seems getting an attorney might be the best idea, depending on how much they cost. Going to be spending so much soon on new place, school, car, etc. But avoiding all the conflicting information from government and cartório employees might be worth it.


Thank you for those links, esp for the CelpeBras tests one! Very kind.

rraypo

@abthree Hi abthree!
I will definitely try find out more about getting married. It's going to be very relevant if I somehow manage to fail to get citizenship before my fianceé arrives. And it seems getting an attorney might be the best idea, depending on how much they cost. Going to be spending so much soon on new place, school, car, etc. But avoiding all the conflicting information from government and cartório employees might be worth it.

Thank you for those links, esp for the CelpeBras tests one! Very kind.
-@JodyVL


I have and use an EXCELLENT professional facilitator located in SP. He was passed on to me by a member of this group. He is a miracle worker with all and any of the bureaucracy in Brazil.  I would use him in place of an attorney for anything in Brazil. Please PM me if interested

abthree

03/21/23 @abthree  Thank you for those links, esp for the CelpeBras tests one! Very kind.
-@JodyVL


You're welcome!  I took the test in 2019 and found those old tests very helpful.  I actually printed out the blank answer sheets to practice writing my essays in the space that would be available, and timed myself.  Best of luck with that and the rest of your plans.

sebastian.fahrner

All the best for your marriage

sprealestatebroker

@abthree
Thank you for replying so quickly! (and @haragiar too)

I was told in one cartório that I would have to be a citizen if I wanted to marry a foreigner here. (i.e. one person has to be Brazilian in order to get married in Brazil). I mean, it doesn't matter in the end because I want to get citizenship anyway - but it will matter if my first attempt at this fails for some reason.

I'll be going to the cartório any day now to check all that, thank you. Not sure _which_ cartório exactly handles this actually.
I have thought of speaking to an attorney. Do you know of any that you could recommend? I'm wary of this because years ago I had a situation where I paid more simply because I am a foreigner and didn't know any better. I like to think that I'm savvier than my 28-year-old self nowadays ;P But referrals are always good, hehe.

Unfortunately yes, we need the father's permission because she intends to move, not just to visit.
-@JodyVL



You need to take what Cartorios' clerks tell you with a grain of Salt.


You ask one question to 10 escrivoes ( the licensed clerk, ntw ), you are bound to get 11 different answers.


And it gets worse.... Each and everyone of them will be absolute and adamant theirs is the right one.



If anything, go for the most experienced one, the one who has been around, and have in fact done such cases.


Or else, you will get burned on the comebackers... 

dedecadaver

I did mine and I got my

Nomad Mundo

@JodyVL...Hi Good Night..You can visit this site and contact them for your process/document requirement (https://www.registrocivilsalvador.com).


What other members said is absolutely right here because different notary offices has different internal law within the same city or even the same neighborhood.. So you just need to visit 4-5 offices and one of them will get it done for you.. Also you can find **intermediário**  standing near the notary offices and with just R$100 more, they will get you through within hours. Best of luck.

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