Question regarding my situation.......

10/11/23 @Ga Ci2.  Hi, Tony.  When will your divorce finalize?  You won't get credit for having a união estável with someone while you're still married to someone else, so that date is key.  If a lawyer is helping with you the divorce, that person will probably be a good source for guidance in the next steps, as well.

For the documents that the Polícia Federal will require if you request an Authorization for Residency based on either a marriage or a união estável, see my Post #9 in this thread:

https://www.expat.com/forum/viewtopic.p … 78#5777467

All of the documents are listed there, with a link to the Portuguese version on the PF website.

Ordinarily, the PF will want your FBI Background Check to be 90 days old or less.  If you're getting one to renew your Digital Nomad visa anyway, get two, and get apostilles on both of them, so that you can use the second for your application based on your relationship.

The informal rule of thumb with the PF for recognizing an união estável is for the couple to be eligible for recognition (i.e., not married to someone else) and cohabiting for at least a year, or to complete a formal união estável agreement in a cartório.  Since the first isn't possible for you, I'd recommend the second as soon after your divorce is final as you feel comfortable.  General guidelines on how to do this appear in the "união estável" section here:

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

Any more questions, feel free. All the best.

Hello there abthree. Copy that, I appreciate the quick and detailed response.

Basically in so many words, my ex started the divorce proceedings over a year ago. Policia Federal only had the address on file of our old house together. I was no longer there with my wife.

I intentionally made it not possible for her to serve me with legal papers,since she started that process.

After that occurred at some point, she moved to Portugal. I had blocked her phone number on WhatsApp and did not speak to her for almost 11 months. I am assuming she moved there with hopes of having more opportunities in Portugal.

I am planning to leave for the USA in about 2 weeks. My Mom is not doing well health wise and I have business projects I have to finish. I plan on coming back to Rio de Janeiro on January 15, of 2024. I found a lawyer fairly cheap here in Rio......

i sent a lot of messsages through Whatsapp to domestics law/divorce attorneys in Rio de Janeiro.

I negotiated her price down 1,200,00 RLS. Being my ex and I never had children together and my is very agreeable to complete the divorce.

I get what you are saying..... I will ask the divorce attorney about it and see what she says.

Thanks for the link. I will dive right in!

Honestly, my plan was to completely bypass paying my immigration attorney 7,000,00 RLS for a 1 year extension for the Nomad visa, when a spousal visa or a residence permit are both much cheaper to do and something my girlfriend and I could actually do on our own. Paying an attorney would not be necessary.

I remember schlepping down to the Policia Federal at Santos Dumont airport probably 4 separate times before my ex bailed on the spousal visa process. A nightmare........lol.

Looks like I will need to get a new FBI report ordered probably around December 10th. That way it can be in Brasil for me when I come back.

I don't see the 1 year of cohabitation following the finalization of the divorce being possible.

I planned on coming back to Rio de Janeiro on The 15th of January and I have to go back to the USA right around March 15th for only 2 weeks and then I will in Rio de Janeiro again.

Unfortunately, I just don't have the time flexibility to cohabitate with my girlfriend for 1 year prior.

If you would like to offer any other feedback based on my response, I would really appreciate it!

Thanks so much again!

10/11/23 @Ga Ci2.  Sorry if I wasn't clear on the união estável question.   You can probably bypass the one year expectation if you and your partner formalize the união estável in a cartório.  You can only do that when you're both legally free to marry, though.

I did read the post you sent regarding the documents needed.

Are the required documents in that post the the same as for a person applying for a spousal visa?

I have a few different concerns......

I had a few Misdemeanor charges in the USA. All our M5's, meaning the lowest severity of the Misdemeanor crime offenses in the USA. M1 being the most severe. They were non-drug related offenses and were present on my FBI background report that I submitted when I applied for my Nomad visa.

From what I have seen and heard from others, Policia Federal does not mind about such minor infractions in the grand scope of the law. Not enough to deny a visa application generally from what I have seen.

it looks like USA bank records will suffice yet again. Obviously up to date bank statements.

To substantiate economic independence.

I have a USA divorce decree that has been notarized by the respective clerk of courts office and apostiled well over a year ago. Will that be ok to use or do I need to obtain a new certified divorce decree by the clerk of courts in the USA and apostilled document?

I have my original apostilled birth certificate.

I am assuming, the same one I used for the Nomad visa can be used for a spousal visa or for a residence permit.....

Thanks for all your help!

@abthree

I am sorry, you did a good job. It may be my glasses. They are a little old. Lol.

I think that will be the only way, from what you said.

Having a civil union here essentially and streamline that process in mid January of 2024.

Your good.....

Thanks.

    Hello everyone.......
My name is Tony. I live in Rio de Janeiro, Brasil. I have a Nomad Visa that expires in late April of 2024.
I am currently married, yet separated for over 1 year from my ex.
Any advice or opinions are appreciated fam......

I am currently in the divorce process. My ex, who is a Brasilian, moved to Portugal.
Once the divorce is finalized, I would like to marry a new girlfriend I have. I have been with her for over 6 months.

After I am legally divorced here, I was wondering if living with someone for a short period of time and having a common law marriage would be sufficient (just living with your partner) to eventually apply for a spousal visa here or a residence permit?

Do I have to submit any financial documents to the federal police for a spousal visa or for a residence permit?
I know I had to do so for the Nomad Visa.

Lastly, does any person here know how long an FBI background criminal report is valid for after being issued, for use here in Brasil?

Thanks everyone and God bless!
   

    -@Ga Ci2

Not an expert on these matters. Nowithstanding....

If you can prove a stable union  and live under the same roof ( "Cohabiatacao), your "marital" status is likely to seen as if you were legitimately married. 

On the same token, if you live under the auspices of a stable union, she can petition the courts for a portion of your Estate ( only if acquired  jointly ), and also, demand alimony payments. 

What you need to do is to save every receipt / invoice you spent on your household, specially concerning utilities, as so to characterize that both of you meet household expenses.  So, while she handles the broadband/Cable/phone bill under her name, you might want to cover the electricity and water & sewer bill under your name. Both at the same legal domicile. 

You can't have separate domiciles  for any reason whatsoever. It needs to be a stable household with both as live in residents !