Overstay my VIVIS date while waiting for documents

@matheusreinert Well, you came to the right place. The quick answer is YES, I would not appear to waste the FP time by going their with documents that are not completed.

The second part is please let us know EXACTLY what you are applying for to be sure we give you the best advice. In addition, what visa are you here on now.  How much time do you have on your current Visa. I just paid R$7,250 for overstaying my visa.

I am almost done with my Permanent Residency Visa by Spouse and an FBI Background check is necessary. This has to be done in the USA, since the FBI is a domestic agency and it is done with your fingerprints. I flew to Miami using A/B as my Channeler. I need to re-do them, because they expired and this time i will do the added step of using USA Apostille (4-6 weeks).

I am getting a copy of my Birth Certificate from the R.I. Dept. of Vital Records ($22) and then Apostilled at the R.I. Secretary of State. (same day - walk-in service).  I was born in R.I.

I hopethis helps.

Roddie in Retirement

   01/31/24 Hello, I am an american currently living in Brazil with my boyfriend. We created a stable union for us so I could stay here longer, the issue is: I don't have my birth certificate apostilled, and I don't have the criminal records at all. From what I've seen it is possible to get those from within Brazil (I have family in the US that can help too), but it takes a lot of time. Will I get in trouble with the PF for that when I show up to my appointment with them?        -@matheusreinert

Hi, Matheus.  Yes, as @roddiesho wrote above, your absolutely best bet would be to go back to the US while you still have time on your visa, get ALL your documents and apostilles together and correct, and come back ready to request residency.  See this thread and review it with your boyfriend to be sure that you really have everything you need:

https://www.expat.com/forum/viewtopic.php?id=1058676

If you choose not to do that and to overstay your visa, you should get a lawyer now before you've overstayed so that s/he can get things moving for you early and give you a fighting (but limited) chance.  Starting the process when you're already in overstay status shouldn't get you into trouble, but it very well result in your being given X days to leave the country.

@roddiesho I arrived in Brazil in dec 7th, having 90 days it means I still have a little over a month left. I am thinking of going back to the USA to get this sorted, it will be expensive but I think we can sort it out. The problem is coming back to Brazil, now they require e-visa which needs bank account information to be shared, alongside having to match some criteria that I'm not sure I do. I am applying for a familiar reunion visa, by the way.

01/31/24 @matheusreinart.  Brazil is a real country with real rules, and foreigners who want to live here have to follow them - that is what is. Besides, if you hustle, chances are that you can get your  docs together and get back before the evisa takes effect.

Did you and your boyfriend formalize your união estável at a cartório, or is it informal?   That could make a big difference to the Polícia Federal.

@abthree it is formalized, we made a public união estável in a cartório.

Isn't e-visa already in effect? From what I can remember, at least from last time I checked, it went in effect in January 10th

  01/31/24  @abthree it is formalized, we made a public união estável in a cartório.Isn't e-visa already in effect? From what I can remember, at least from last time I checked, it went in effect in January 10th        -@matheusreinert

The latest information of which I'm aware is that it's been postponed again, to April 10:

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

The união estável from the cartório will be a big help with the PF, so I'm relieved that you have it. If your birth certificate already had an apostille and a Sworn Translation, you should be able to use that for the PF as well, so that's one document down.

    I arrived in Brazil in dec 7th, having 90 days it means I still have a little over a month left.
    -@matheusreinert

Were you in Brazil prior to this date last year?

@matheusreinert Follow @abthree's guidelines. When I came back I still had about 2 days left on my visa and even then they blocked me from returning. (After several hours I was allowed to return). This was before there was an E-Visa.

Roddie in Retirement

@Peter Itamaraca no, this is my first time in Brazil.

Thanks a lot, you guys have been a huge help, sorry I wasn't active in this thread, got really busy with irl. I've decided to go back to the USA, since I need anyway for my criminal background check. I just want to confirm an information, americans can stay in Brazil for 180 days a year, but only up to 90 consecutive days, right? That means I can come back again in April before e-visa is in effect, correct? I am planning to go in the beginning of march and come back in April, before April 10th. After that first thing I'll get the sworn translation and schedule my appointment with the PF.

02/16/24 I just want to confirm an information, americans can stay in Brazil for 180 days a year, but only up to 90 consecutive days, right? That means I can come back again in April before e-visa is in effect, correct? I am planning to go in the beginning of march and come back in April, before April 10th. After that first thing I'll get the sworn translation and schedule my appointment with the PF.   

    -@matheusreinert

No, it's more flexible than that.  You have 180 days a year, and you can split it up any way you want.  You can stay all 180 days consecutively if you want (although in that case, you need to extend at the Polícia Federal as you approach the end of your first 90 days), or do it the way you plan, which makes a lot of sense.  You should be ok without the e-Visa as long as you arrive before April 10. 

Any questions that arise as you gather your documents, we'll be here.

@abthree thanks a lot for the quick response, really y'all are life savers! that's great to hear, I plan to leave before my 90 days expire so I'll be fine. That's great to hear, luckily I live near to sacramento so I can visit my family while being easy to get the needed paperwork done

Hello, all. I finally have all the documents needed, it took a while to arrive through the mail and my family also took a bit to send them to me. Thing is my background check is not apostillled, my family couldn't do it in Sacramento, they said it needed to be sent to Washington, so they just ignored it and sent me it without the apostille. Can i mail it from Brazil? If I do express shipping by DHL, can the US government ship it back to Brazil, or does it have to be shipped to an American address? Also after getting the residency authorization can I leave and enter the country without the need of a visa? I was thinking of going back to the USA to work for a few months next year...

Oh yeah, also another question. If I overstay a couple weeks while waiting for the apostille can I get the residency denied? I don't mind paying a small fee, but I read reports online of people being banned from entering Brazil for overstaying their visa, granted it was for 7 years but still, I'm a little worried about that

06/25/24    Hello, all. I finally have all the documents needed, it took a while to arrive through the mail and my family also took a bit to send them to me. Thing is my background check is not apostillled, my family couldn't do it in Sacramento, they said it needed to be sent to Washington, so they just ignored it and sent me it without the apostille. Can i mail it from Brazil? If I do express shipping by DHL, can the US government ship it back to Brazil, or does it have to be shipped to an American address? Also after getting the residency authorization can I leave and enter the country without the need of a visa? I was thinking of going back to the USA to work for a few months next year... -@matheusreinert

It's good to hear that you've got all your documents now.  Unfortunately, since you arrived last December 7 you're probably on overstay status already, so  it's likely that you'll run into difficulties with the Federal Police when you request residency.  It would be a good idea to talk to a Brazilian lawyer first; hopefully you can find someone you can trust through your partner's contacts.  The right lawyer may be able to talk you through complications with the Federal Police, and perhaps even convince them to accept your Background Check without an apostille.  You should hold onto the document until the first consultation with the lawyer.

If you decide not to go with a lawyer, or if the lawyer tells you that you'll need an apostille, the apostille will come from this office at the US Department of State:

https://travel.state.gov/content/travel … tions.html

Notice that they say that their turnaround time is four weeks if you request the apostille directly from them.  In view of that, I'd recommend obtaining the apostille through an apostille service, a business that will obtain it for you much more quickly  from the State Department and should be able to express it back to you in Brazil.  It will be expensive, but will save you a lot of time.  A search on "Apostille Services Washington DC" will bring up several that you can contact.

I spent a month in the USA, so I still have around one week left before I overstay my visa. I will search about that service and see if I can contact a lawyer about it. The apostille is all I need to go to the PF, should I contact them and explain my situation? Even with the apostille service it will probably take longer than a week...

06/26/24    I spent a month in the USA, so I still have around one week left before I overstay my visa. I will search about that service and see if I can contact a lawyer about it. The apostille is all I need to go to the PF, should I contact them and explain my situation? Even with the apostille service it will probably take longer than a week...
   

    -@matheusreinert

If you haven't already overstayed, then there shouldn't be a problem with going to the PF and asking.  WRT to services, I'll send you a DM.

@abthree it is formal yes, we made a public stable union in cartório

As an update, my boyfriend and I emailed the local PF station and explained the situation. They said it's okay to send the documents that I have now so we can schedule an appointment and the apostille will be pending. Their wording was a little weird, even my BF couldn't understand well if the appointment will be after I have the apostille or before and we come back when it arrives, but I ll email again of call them just to make sure.

Also, I don't remember posting that last post, IDK how it went there

Another update, phew it's been a while, we went to the appointment on the 12th, my background check apostille arrived on the 13th , they just took a photo of me, got my fingerprints and signature and told us to simply email the documents that we were missing and they'd continue the process (they asked for 2 background checks in Brazil and something called averbação for our stable union). We're now waiting for the averbação that'll be ready by Friday.

That's it, everything's going very well, thanks a lot for everyone's help, you guys helped a lot