Questions of American Marrying a Brazilian in Brazil

10/09/23 @roy_usa_2023.  No problem!  These are very common questions, and we have good answers.

First, congratulations!   Some questions first, to give you the right information:

• Have either of you been married before?
• What Brazilian state will you be getting married in?
• Are you planning on a civil wedding, or a religious one?
• There's usually a 30 waiting period between applying for the marriage license and performing the ceremony.  Will your travel plans allow for that?
• Is your plan just to get married, or will you be applying for Brazilian residency after the wedding,  as well?

Based on the answers to the questions, I can send you a list of the documents you'll need, which will need apostilles, and which - if any - you'll need to give to the Consulate in the US.

You'll have Sworn Translations done here in Brazil, so that won't be a concern before your trip.

Lots of people do this.  You'll be coming prepared, so it should go pretty smoothly.

Hi @abthree - you are awesome ! Thank you for your energy and dedicated reply.

To answer your questions:

1. Have either of you been married before?

    A:        I was never married in USA or anywhere but my girlfriend is divorcee which is officialize in brazil as of 2019

2.What Brazilian state will you be getting married in?

A: Parana

3. Are you planning on a civil wedding, or a religious one?

A: civil

4, There's usually a 30 waiting period between applying for the marriage license and performing the ceremony.  Will your travel plans allow for that?

A: is the ceremony required to be done? I am not sure- I thought it was just getting proper documents to the notary office and officialized in Brazil

But its possible for me to stay more than 30 days there

5.Is your plan just to get married, or will you be applying for Brazilian residency after the wedding,  as well?

For now to get married and apply for a better VISA than the visitor VISA which I will need in Jan 2024 - I am not sure what the better VISA is than visitor visa for married couples

But I work in the USA and I have to be here in the office - so I don't plan to live in Brazil long term right now- more couple times a year travel to meet my girlfriend/wife.

Do you need to stay more than a fully year in Brazil to apply for full residency in Brazil? or just be married?

10/10/23 @roy_usa_2023.  Good morning, Roy.  As promised, let's talk about the documents you'll need and the process.  A lot of what I tell you comes from this site:

https://www.casamentocivil.com.br/

I would strongly urge you to share it with your girlfriend, and for her to become familiar with it.  She'll want to do some advance work at the cartório (the notary office that handles marriages in Brazil), and this will help her to ask the right questions, and understand the answers.  You can also run pages of interest through a translator to get the gist of the information for yourself.

As a foreigner getting married in Brazil, you'll need:

• your passport with the most recent Brazil entry stamp showing that you're in the country legally and haven't overstayed your visa.  The cartório won't marry you if your status isn't legal;
• Your original birth certificate, with apostille and Sworn Translation.  "Original" in this case can be a new "original" generated on request by the state of your birth from their records, not the one that was issued when you were a baby.  New Jersey being your state of birth, it should be from New Jersey.  The apostille will be issued by the Designated Authority in New Jersey, probably the Secretary of State's office in Trenton, or a branch office closer to your home. 
• Declaration of Single Status.  Many states don't issue these; if yours does, so much the better.  Brazilians love official-looking documents!  If you're living in NJ and NJ issues them, that's great.  The apostille will come from the same place.  Both documents should be recent if at all possible, but this one must be. I'd recommend no older than 90 days before your departure date, unless the state is really slow at turning apostilles around.
• If the state does not issue a Declaration of Single Status, you can sign an affidavit to that effect before a Notary Public and use that.  Notaries Public are commissioned by the state, so their documents can also receive apostilles.
• You should not need documents from any of the previous states where you've lived for the marriage.
• I recommend having duplicate originals of all documents, including at least one that does NOT have an apostille attached.  Apostilles are affixed to documents in such a way that removing them will damage both the apostille and the underlying document and invalidate both, so you want one without an apostille for making scans and copies.

Your girlfriend will need her Identity Card ("RG"), and the Marriage Certificate and Divorce Decree from her previous marriage.

When you arrive in Brazil, you and she should go to the cartório together to apply for your marriage license, and bring two legal witnesses over 18 years old.    You can apply no more than 60 days and no less than 30 days before your planned marriage date.  The thirty day period is to allow anyone who knows any reason that the marriage should not or cannot take place to come forward.  Since you're a foreigner who's never been married, the cartório may be willing to shorten the period to some extent:  this is something for your girlfriend to ask them about.

If either or both of you want to adopt the other's last name, bring it up with the cartório at this point, or even earlier.  Name changes are a lot harder in Brazil than in the United States, and a window to do it opens for you now.

Another question for the cartório is whether they'll accept Sworn Translations with electronic signatures.  These are translations that meet Brazilian legal requirements, but their validity can be verified through a QR Code or a password on a site rather than a local signature.  If so, that can save you time and money, because online Sworn Translation services can work from scans you send them even before you travel.

When you request your marriage license, you will have to agree to a property distribution, a "regime de bens".  By far the most common is "Comunhão parcial de bens", under which assets acquired by each partner prior to the marriage remain that partner's private property, and assets acquired by the couple after the marriage are joint property.  "Comunhão universal de bens" is also allowed, under which the partners can agree to make everything they own whenever it was acquired joint property.  Under "Separação total de bens" all property, both before and after marriage, remains individual property.  Selecting this property distribution requires the couple to file a pre-nuptial agreement in a cartório de notas that registers contracts before requesting the marriage license.

You do have to go to the ceremony.  It's pretty underwhelming, although some cartórios that specialize in weddings will try to jazz it up a little.  You two will go to the cartório at the time and on the day required with at least two legal witnesses, and anyone else whom you want to attend.  The doors of the cartório must be open throughout the ceremony -- it's a public act, and in theory, anyone can attend.  The marriage judge will have you sign papers, probably make some encouraging statement, give you your marriage certificate, and you're married.  If you want to get married somewhere other than the cartório there are extra steps, so discuss that when you request the marriage license.

I'll talk about visas in the next response.

For now to get married and apply for a better VISA than the visitor VISA which I will need in Jan 2024 - I am not sure what the better VISA is than visitor visa for married couplesBut I work in the USA and I have to be here in the office - so I don't plan to live in Brazil long term right now- more couple times a year travel to meet my girlfriend/wife.Do you need to stay more than a fully year in Brazil to apply for full residency in Brazil? or just be married?        -@roy_usa_2023

For that kind of schedule, you'll be fine with a Visitor Visa.  After next January, you'll  probably have a multi-year visa that allows you to come and go as you please and to spend up to 180 days in every 365 days in Brazil.  My husband and I were engaged for almost three years, since like you I was working and I didn't plan to move to Brazil until I retired.  I spent two to three months in Brazil every year on that kind of visa, he spent two to three months in the US every year on a tourist visa, and between that, WhatApp, and talking on the phone every night, we were fine.  I obtained a residence visa when we got married, and I moved.

If you are thinking of living in the United States as a couple, the process is complicated and time-consuming, and you probably should start it as soon as you get home right after your marriage.   You can learn about it here:

https://br.usembassy.gov/visas/immigran … migration/

Regardless of future plans, you two should probably talk about your girlfriend applying for a tourist visa for the US, for flexibility in travel if nothing else.  My husband's had his for nine years -- he'll renew it next year -- and it's been a real benefit.  Not an easy process, though; here's the information:

https://br.usembassy.gov/visas/nonimmigrant-visas/

Finally, for a resident (family unification) visa for Brazil, here are the requirements from the Brazilian Consulate General in New York, which is where you would apply.  Documents presented to the Consulate do not require apostilles or Sworn Translations.  They would expect your wife to be with you there at the application:

https://www.gov.br/mre/pt-br/consulado- … ation-visa

If you decide to live in Brazil, you can also request an Authorization for Residency directly from the Federal Police.  This requires basically the same documents that the Consulate does; documents presented to the Federal Police require apostilles and Sworn Translations.

@abthree - Thank you so much - you are so wonderful and detailed in your response!

I will speak to my girlfriend about what you said

1) Where does the Brazilian Consultate in USA come into play in this process? Do I need to go to them to get any documents verified or anything?

2) You mentioned the sworn translation I can get done in Brazil- but to ask the cartório about this. - is there any good online websites to hire sworn translators to  translate my documents?

Thank you so much!!!!

@abthree - Thank you again for the detailed response!

Congrats on your successful and loving marriage!

For the permanent resident visa after you got married, what did you need to do to get that? Did you need to stay in Brazil for 1 year or something?

    @abthree -For the permanent resident visa after you got married, what did you need to do to get that? Did you need to stay in Brazil for 1 year or something?       -@roy_usa_2023

Foreigners can obtain permanent residency in Brazil as soon as they do something that qualifies for permanent residency, and move to Brazil.  The most common way to qualify for residency is what you're about to do -- marry a Brazilian.  There's no waiting period.  There's no point or need, either, unless or until you and your wife decide you want to live here.   Until then, you'll be fine with a VIVIS visa.

The one year period you may be hearing about is the requirement for the spouse of a Brazilian to live in Brazil for one continuous year before qualifying to apply for citizenship.

10/11/23   1) Where does the Brazilian Consultate in USA come into play in this process? Do I need to go to them to get any documents verified or anything?
2) You mentioned the sworn translation I can get done in Brazil- but to ask the cartório about this. - is there any good online websites to hire sworn translators to  translate my documents?
    -@roy_usa_2023

To answer your second question first, I know of at least one very good Sworn Translation company that works online.  Their work is signed digitally, though, so as I suggested above, your girlfriend should check with the cartório and make sure that they'll accept digital signatures on Sworn Translations.  Not all offices do, and you don't want to pay for a translation that you'll need to have done over again.

The Brazilian Consulate in New York doesn't enter directly into your marriage plans, except that after January 10, 2024 you'll need to get your new visa from them.  Because the US and Brazil both belong to the Apostille Convention, you don't need to have any documents legalized at the Consulate, you'll need apostilles for them.  To understand how apostilles work, read this Wikipedia article:

https://en.wikipedia.org/wiki/Apostille_Convention

After you're married, if you decide to move to Brazil permanently, you can apply for a VITEM XI visa at the Consulate to do that; I sent you a list of the documents that they require yesterday.  The Consulate does not require apostilles or Sworn Translations for US federal documents, or documents from states in its Consular Territory, which includes New Jersey.  This will be much easier if your wife is with you.

After getting married and deciding to live in Brazil  you can also apply to the Polícia Federal for an Authorization for Residency.  The US documents for this application (except for your passport) DO require apostilles and Sworn Translations:

CHECKLIST – RESIDENCE PERMIT BASED ON FAMILY REUNION (CODE - 285/286)

• Own application, using an electronic form duly completed on the PF website;
• Declaration of email address and other means of contact ;
• Valid travel document or official identity document;
• Birth or marriage certificate or consular certificate, when the travel document or official identity document does not contain data on affiliation (observing the applicable translation legalization rules);
• Criminal record certificates or equivalent document issued by the competent judicial authority where you have resided for the last five years (observing the applicable translation legalization rules) ;
• Declaration, under penalty of law, of no criminal record in any country, in the five years prior to the date of requesting a residence permit (click here);
• Birth or marriage certificate to prove the relationship between the applicant and the Brazilian or immigrant beneficiary of a residence permit, or a suitable document that proves the link (observing the applicable translation legalization rules);
• Identity document of the Brazilian or immigrant beneficiary of a residence permit, with whom the applicant wishes to meet;
• Declaration, under penalty of law, that the calling family member resides in Brazil ;
• Documents proving economic dependence, when applicable;
• Proof of the stable union between the applicant and the Brazilian or immigrant beneficiary of a residence permit ;
• Joint declaration by spouses or partners, under penalty of law, regarding the continuity of effective union and coexistence ;
• Documents proving the guardianship, conservatorship or guardianship of a Brazilian, when applicable.
• Proof of payment of residence permit fees (revenue code 140066, value R$168.13) and CRNM issuance (revenue code 140120, value R$204.77), when applicable (to issue the Union Collection Guide, Click here);
• In case of unavailability of the Federal Police's biometric data collection system, 1 (one) recent 3x4 photo, color, white background, plain paper, from the front may be requested;

Pay attention to the observations below (depending on the case, other documents may be required).

Observations

• It is considered a crime, with penalty of imprisonment and fine, to omit, in a public or private document, a statement that should be written therein, or to insert or cause to be inserted a statement that is false or different from what should have been written, with the aim of harming rights, creating an obligation or alter the truth about a legally relevant fact (Art. 299, of the Penal Code);
• Documents issued abroad must comply with legalization and translation rules.
• It is at the discretion of the administrative authority competent to assess the residence permit, to accept criminal record certificates that do not comply with the 90-day period;
• It is at the discretion of the competent administrative authority, in case of doubt regarding civil registration, to request an updated birth or marriage certificate;
• When it is not possible for the presence of one of the legal guardians of the minor under 18 years of age or incapacitated (such as in the case of residing in another country or state in Brazil), the legal guardian who appears at the Federal Police unit must take with him a Declaration (respected legalization and translation rules) in which the authorization of the absent legal guardian is expressly described, so that the person who is a minor or incapacitated can proceed with the request for a Residence Permit in Brazil (click here). It is possible for the parents to grant a specific power of attorney (mentioning immigration regularization), indicating the person responsible for the minor's residence application, with a notarized signature;
• CALLER is the Brazilian (or immigrant already receiving a residence permit) with whom the current applicant for the residence permit wishes to have a family reunion. CALLED is the current applicant for a residence permit who wishes to have a family reunion with a Brazilian (or with an immigrant already receiving a residence permit). To find out who can call, (consult the Federal Police);
• To investigate and prove the data necessary for decision-making (including proof of family ties), investigative activities may be carried out, such as, for example, personal interviews with all family members. For this reason and in order to speed up the processing of your Request, it is recommended that the CALLED family member and the CALLING family member appear together when submitting the Residence Permit Request;
• Regardless of the validity contained in the National Migration Registration Card – CRNM, the Residence Authorization for Family Reunion is conditioned on the maintenance of the family bond that founded it;
• Specific legislation: Interministerial Ordinance No. 12, of June 14, 2018;
• For more information, check Frequently Asked Questions.
• If any doubts persist, consult the Federal Police unit in your region.

The original of the Polícia Federal information above can be found here:

https://www.gov.br/pf/pt-br/assuntos/im … o-familiar

Uau !!!......things were a lot easier 6 years ago when I got my VIPER issue by the consulate here in Canada.

  10/11/23  Uau !!!......things were a lot easier 6 years ago when I got my VIPER issue by the consulate here in Canada.        -@Gasparzinho 777

They were indeed!  You and I must've gotten some of the last VIPERs they issued -- I arrived three weeks before the current law went into effect, the PF team here had obviously already been trained on the new law, and they were not happy to have to process me the old way!  The Justice Ministry clearly has the lead now.

The good news for people with VITEM XIs is that the PF more and more are processing them like the did the old VIPER, without demanding all the documents that were already submitted to the Consulate.  For those who don't bother with the visa and go direct to the PF, though, it's the whole drill.

@abthree - thank you!

I had another question- after I get married in Brazil

1) Do I need to report my marriage to any federal and/or state office and agency in the USA?

2) If i buy new property or get a new source of income in USA- does my brazilian wife have a right to declare it ?

10/13/23    @abthree - thank you!I had another question- after I get married in Brazil1) Do I need to report my marriage to any federal and/or state office and agency in the USA?2) If i buy new property or get a new source of income in USA- does my brazilian wife have a right to declare it ?        -@roy_usa_2023

1. For tax purposes, you should talk to your tax advisor.   After you're married, you can no longer file your federal income taxes as "Single".  I file mine as "Married Filing Separately":  this results in my paying more, but shields the income of my husband, who was never a US resident and never plans to be, from US taxation.  You should take the legal approach most beneficial to you.  I don't know whether NJ follows federal rules or not, but your advisor will.

Your Brazilian marriage will be recognized in the US, as long as you two would have qualified for marriage under the laws of your state.   Marriage in the US is a state matter, so US Consulates, being federal agencies, will not register your marriage.  Check with whoever issues marriage licenses in your county to know what, if anything, you should do.

2. If you select "comunhão parcial" as your property distribution, probably not if you acquire it before your marriage, probably yes if after, unless you two make a legally binding agreement in Brazil to exclude it.

Hello,

I am new to this forum- My name is Roy and I am an American from New York City.

I met my Brazilian girlfriend online and met her twice and we are interesting in getting married in Brazil.

( A little too few times, but it is your predicament, not ours ).

1) I lived in several states including PA, DC, NY, and NJ but was born in NJ - for "No Record of Marriage Statement" do I need to get it from all states or just the current state I am living and/or born in?

The one you Currently claim residence, naturally.

I am confused what is needed for the Brazilian authorities to accept in my girlfriend state

Not sure what you meant.  Please expand.

2) For my birth certificate do I need the original copy of my certificate or a certificate that can be a copy?

Originals always. Brazilian Authorities, Clerks, and your Cartorio Clerk  are a fussy bunch  with copies. Get a Apostiled one!!!

Does the certificate document need to be issued in the last 90 or 180 days? (do I need to get a new copy of birth certificate)

For marriage certificates, not necessarily, but this is a question you need to sort through the Escrivao at your local Cartorio ( Registry of Deeds ). Better yet, get it from the consulate. Brazilian born birth certificates only have a 90 days grace period, despite all of that fancy paper. Foreign jurisdictions, unlkely they will put up a fuss. 

3) Do I need to get a sworn translator in the USA to translate my birth certificate, passport, and no marriage record documents into Portuguese before I go to Brazilian consulate? or will brazilian consultate translate my english documents to Portuguese?

You need a sworn translation allright. Not necessarily in the USA. Most large metropolitan areas have this licensed and certified translators that can handle this in a legitimate way in exchange for a fee. 

4) What else do I need to know how to interact with Brazilian consulate to get the proper documents apostilled?

You can endure your visit to the Brazilian Consulate and deal with the cattle bullpen threatment, or get it done in Brazil.  Your paperwork might be sent to Brazilia by mail to get it rubber stamped.

In Brazil, We only do issue apostile official and original Portuguese Written Documents.

Since you are in New Jersey, chances are, around Newark, there might be some sworn agent, even a travel agent, who issues apostiles in a legitimate way. We had done ours in New Bedford on a bi-lingual travel agent.  Avoid the Brazilians, if you may, too many quick buck artists out there turning useless rubber stamped paperwork.  Ours was Portuguese.

You can always get  an appointment with the Brazilian Consulate to sort this out .  Actually, the Itamarary web page might just give you all the answers and clarifications you want. Use Google Translation then

Here's what I came up with it..

https://www.gov.br/mre/pt-br/consulado- … -no-brasil

Os documentos necessários são:

    Certidão de óbito original apostilada. Apostiled Death Certificate ( if you are a widower )

    Certidão de casamento original apostilada. ( Your Apostiled Birth Certificate

    Declaração de estado civil original com todas assinaturas reconhecidas por notário público e apostilada. Your current  marital state needs to be stated in writing with validate public notary. This needs to be apostiled.

    Passaporte original, válido, com o carimbo de entrada no Brasil.

A valid passport with a stamped date of entry into Brazil

Sorry for all the questions - I read many of things online on others sites and abit confused

No mention it

Thank you,

Roy

1) I lived in several states including PA, DC, NY, and NJ but was born in NJ - for "No Record of Marriage Statement" do I need to get it from all states or just the current state I am living and/or born in?

I will take that back. 

Just confirm within your County's Registar of Deeds if records are transferred as you move to another State.  If you,, then you have some leg work to do.

@sprealestatebroker - thank you!

As always Abthree... excellent answers.   Just two small things, Roy.

When you order the BC, ensure its not older than 90 days.  I tried to use one I'd received a few years prior and was told (though I don't know if it's the "law) it had to be dated within 90 days.

You mentioned the state you will marry in is Parana.  We lived in Curitiba and I used an excellent translation service.  They deliver via moto if you are in Curitiba or send pdf's,  and mail.  They were really helpful.

agbt.com.br

Best of Luck and Congratulations.

@Cakinator  - thank you!

Roy if your marriage lasts as long as this thread l think you can consider it a success.😃

Best of luck 

@KenAquarius - thank you!

@abthree - I hope all is well and you had a good weekend- I have a few related questions maybe you can help with

1) Once I get married at the notary office in Brazil, does Brazilian government or notary office send any formal documentation via mail to my home address in USA? I am being ignorant here but I wanted to ask

2) I plan to visit my girlfriend end of December 2023 and stay about 14 days in Brazil till early January- I know 1/10/2024 there will be the VISA requirements for USA Citizens- If I stay 9 days in Brazil In January 2024, does this count towards the 90 day limit Brazilian government puts on American Citizens for visiting the country during a calendar year or once I get the e-visa the 90 day limit is placed?

I am trying to see how i can schedule my travel next year to visit her- basically I do not want to overstay past 90 days - I know that I can extend from 90 to 180 days with Federal Police there

3) For the Family Reunion VISA, how long can I stay in Brazil in a single calendar year - 90 days or unlimited amount of days?

Thank you!

@roy_usa_2023 Good Luck with your marriage and please follow the expert advice given in this forum.

Do you speak and / or understand Brazilian Portuguese?

I have been married for over 23 years to my Brazilian wife who I met in Church in Chevy Chase, MD. We now live in North Eastern Brazil.

It is only my opinion, however if you are about to marry a Brazilian divorcee you only met online I would at least marry her in the USA. If things go south (which I am not predicting they will) it will be much easier for you to straighten them out.

Roddie in Retirement.

@roddiesho - Thanks- I used to live in Bethesda, MD.  - right near Chevy Chase!

Yes i speak and understand basic Portuguese- thank you!

@roy_usa_2023  Well it worked out for me! l have been married a little over 16 years now. 

Hi All,

I just had a follow up question- I got a list of documents I need from the Catario in my girlfriend home state- translated they state two requirements I am confused about (I inquired back through my girlfriend) but thought one of you may know:

1.1.2 Declaration of no impediment to marriage and residence (consulate);

1.1.4 Individual Taxpayer Registration (CPF);

-----

1.1.2- they say i need this document from the consulate but my birth state and the state I reside in issues this certificate by the Vital Registry Statistics department.

Do I need to go to consulate to get a document that I was not married in USA?

1.1.4 - I am USA Citizen- how am I supposed to get a CPF to get married?

Thank you!

@roy_usa_2023

You should be able to get a CPF from your nearest Brazilian Consulate in your home country...

thank you@Peter Itamaraca !

is CPF required for a foreigner get married Brazilian citizen/national? It was not mentioned on this forum in my original question

I am inquiring through my girlfriend to the local Brazilian Catario

@roy_usa_2023

A CPF is needed to do pretty much anything of consequence in Brazil, and is very easy to obtain. It is just like a Social Security number in the US...

A CPF is a tax number.

I was married 22 years ago.......didn't need it. Seems like am odd requirement that would be easily waived.

@Gasparzinho 777 - thank you