Best route to legally recognized marriage in BR + Visa?

If you register your marriage in Brazil from a consulate in the U.S. be aware of that the communal

marriage section is changed I believe to separacao de bens. For me ,after I divorced in the U.S. I wanted my Brazilian visa and wasn't aware that being divorced in the U.S. that my ex now my ex had rights to my property in Brazil.  However, with a lot of work we got it resolved.

I am a US citizen.

    We will both be in Brazil.

    We don't plan to return to the US until December for the holidays.

    I plan to live in Brazil, making trips to the US with my wife every year or so.

    After arriving in Brazil in June, I'll have ~4 months left on my tourist visa.

Quick Questions. T

• The post says you are a U.S. Citizen, Is she also a U.S. Citizen or a Brazilian Citizen. 
• Please elaborate on the "4 months left on my tourist visa" It was my understanding that you typically have 90 days with the possibility of another 90 days.
• The validity of an Online Marriage may be a challenge.

Roddie in Retirement

@JambaJuice    Quick Questions

The post says you are a U.S. Citizen,

• Is she also a U.S. Citizen or a Brazilian Citizen.
• Please elaborate on the "4 months left on my tourist visa" It was my understanding that you typically have 90 days with the possibility of another 90 days.
• The validity of an Online Marriage may be a challenge.

Roddie in Retirement

05/27/24  Options Considered:
    Get married online in Utah, then have the marriage registered in Brazil.
    Get married in the US, have the marriage recognized at the Brazilian Consulate in the US, then get it recognized in Brazil. This isn't an option for us right now but might be in December, though my visa would expire before then.

Questions:
    Is the online marriage route in Utah valid and recognized in Brazil?
    If we get married in the US (online or otherwise), is any part of the process for getting the marriage recognized in Brazil required to be completed physically in the US?

I of course considered getting married in Brazil, but then the documents required would be I think 3 or 4 more? That equals more time + more money + more headaches. Any advice would be appreciated! Thank you!   

    -@JambaJuice

Hi, jambajuice.

You don't say it anywhere, but I'm assuming that your fiancée is a Brazilian citizen, and everything I say here is based on that assumption.  If she's a third-country national, all this goes out the window and you can stop reading. 

Since you'll be in Brazil next month and your fiancée is already here, your best bet is probably to get married in a cartório (registry office) here. 

To get married here, you'll need an original birth certificate with an apostille and  a declaration that you've never been married if that's the case (you may be able to do this at the cartório; your fiancée should check).  If you're divorced, you'll need an original of your divorce decree with an apostille and an original of the marriage certificate with an apostille.  If you're a widower, you'll need an original of your spouse's death certificate with apostille, and an original of the marriage certificate, with apostille.  All of these documents will need to be translated into Portuguese by a Sworn Translator, which can and should be done when you get here.  The requirements appear here in Portuguese, for you to share with your fiancée:

https://www.casamentocivil.com.br/estra … -no-brasil

There's generally a 30 day waiting period between applying for the license and getting married and your visa MUST be valid for that entire period, so it's good to start ASAP after your arrival.  Every cartório is a little different, and if your fiancée has a relationship with one, they may show some flexibility for her.

Once you're married, you can apply for residency at the Federal Police.  For the required documents, see this thread:

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

These documents will also require apostilles and Sworn Translations, and you should arrive in Brazil with them.

We got married in the US first, and it had the advantages of the marriage being registered in both the US and Brazil (after registration at the Brazilian Consulate), and the ability to enter Brazil on a VITEM XI, a Family Unification visa which provides a smoother, more flexible path to residency than a tourist visa.  However, that would require your fiancée to be in the US for the wedding, which does not seem to fit into you plans.  For this to work, both parties must be physically present at the wedding, and the Brazilian partner must also be physically present a the Consulate to register the marriage.  The foreign partner should also be there, but that's technically optional.  The Brazilian partner will then deliver the Consular Certificate to the cartório in their hometown, and receive a regular Brazilian Marriage Certificate in return.

Stay away from the online marriage idea, unless you review it with a Brazilian attorney first.  That sounds a lot to me like a proxy marriage, which is specifically barred by law from becoming the basis of residency.  Getting a cartório to accept it would be a challenge, and you'd still have to provide all the documents above anyway.

That's the summary.  Any questions, feel free.