us citizen overstayed tourist visa while in Brazil

05/27/24 @jeriloving33. Some questions to help respond to you:

• How long has your overstay been?
• When do you hope to return to Brazil?
• What kind of pet are you traveling with?
• Did the pet come to Brazil with you from the US, or did you acquire it here?
• Does LATAM know that you'll be traveling with a pet?
• Do you have the documentation that will allow the pet into the United States?

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@Jeriloving33

I would completely disregard what the idiots at Latam said. They are foolish on this subject and frankly giving horrible advice and causing unwarranted fear.

I overstayed recently by 9 months or so. It's 100% handled by immigration while leaving. You DON NOT HAVE TO PAY UPON LEAVING. They are nice but will ask why. Give your reason and see what happens in regards to the fine that may be assigned to you.  You will however be required to leave the country for 6 months. All that i've said is based on my experience about one year ago. If however you overstayed for much, much longer I'm sure the outcome will be the same unless it's overly excessive in length.

Don't NOT be nervous, the outcome will be fine. You can leave.

Your pet is fine.

It took me around 20min for the interaction.

There is so much misinformation out there on subject that it's important to know from somebody who has recently been through this that BRAZIL is very kind to overstaying people unlike other countries(I.E PERU).

Be relaxed and calm, you'll be fine. No worries.

Do Not Disregard the advice Latham has given you. Just address the questions @abthree has provided. You have a few situations that could be a minefield if not addressed correctly.

The hardest thing, hands down i have ever had to do was clearing the way for Simba, my Beagle-Mix to come to Brazil. It was far from easy. Please do not take it lightly.

Roddie in Retirement

FYI, my overdue fine was R$7,250.

05/28/24 @jeriloving33.  For bringing a pet into the United States, see these pages:

https://www.state.gov/returning-to-the-u-s-with-pets/

https://www.aphis.usda.gov/pet-travel/a … ort#_blank

Note that the Centers for Disease Control (CDC) classify Brazil as a High Risk Country for Rabies, so additional requirements apply to bringing a Brazilian dog into the United States.

@abthree

How long has your overstay been? It'll be be exactly 2 mo. when I arrive the airport. I did the 90 day extension so I've been here since Oct 26. I was here on vacation in Sep-Aug for 2 weeks so I believe my 90 day extension wasn't quite 90 days and 2 weeks short.

When do you hope to return to Brazil? Yes. I have a fiancé here however he plans to come to the US soon and we will get married there as it was a little to complicated for me to get my documents here (also any advice for this process for us as far as what type of visa he should apply for? I've read that specific visas can be taken when applying to marry in the US). I was already okay with not returning for 6 mo. because I work in the US for 6 mo. then we planned to travel back here or elsewhere for 6 mo.

What kind of pet are you traveling with? it's a cat. she has all her proper legal documentation.

Did the pet come to Brazil with you from the US, or did you acquire it here? she's from the Usa, I came with her no problem.  When my fiancé travels to US later he will bring 2 cats with him that we acquired here I'm aware the process is a little different.

Does LATAM know that you'll be traveling with a pet? yes. they approved that there is space for her in the cabin.

Do you have the documentation that will allow the pet into the United States? yes, it's pending as you have to obtain in 9 days within the flight. the vet appointment is tomorrow. the flight has officially been booked for the 3rd. so that gives me sufficient time to submit for the CVI which issues within 24-48 hrs.

I've heard the fine is R$100 a day. I'd like to know how long I have to pay it before the interest would start.. What would the interest be, would my fiance or a friend be able to pay for it for me here in Brazil if I don't pay upon my departure.

@expat5000

Thank's I knew it was inaccurate information as what could PF possibly do for me if I'm already volunteering to leave. The rep was asking several personal questions, and I simply thanked him and hung up. You confirmed what I was trying to find out. How much time do I need to allocate for speaking with immigration and my payment options. I've looked into this well before I overstayed, I appreciate you confirming. Do you recall how long you have to pay before interest in applied? Also do you know if it's possible to pay while in the US or do they permit someone else to pay for you who lives in Brazil?

@roddiesho

I know traveling with a dog has different requirements than cats and several airlines currently have restrictions. We had no issues coming with Latam. I looked at other airlines and decided not to try and save an insignificant amount due to all their restrictions. American, Delta, Azul all have a tremendous amount of rules. Latam is straight to the point get your documents and you're ok, call to make sure there is space. Simple. Where as the other airlines have restrictions on where you can sit based off each place, fees that can aquire during layovers, paying for each connection and time restrictions for flights longer than 12 hours, country restrictions. I'm not sure who you flew with but always read the fine print and call before booking as some airlines are just ridiculous with the regulations.

05/28/24 @jeriloving33.  That doesn't sound so bad.  You're looking at a R$6,000 fine at most (the PF's count may be different from yours, and they may even reduce it, if you have good reasons for your overstay), payable on return, as you say.  Interest accrues at 1%/mo.; I'm not sure whether there's a grace period.  You should arrive prepared to pay, but they may waive the interest.  The PF have a lot of discretion.

Sounds like you're all set on the cat.  The airline is not an expert on immigration so you're right to take their advice on that subject with a grain of salt, but they CAN deny you boarding, so being a jerk doesn't help, either.  It sounds like you're handling them exactly the right way. Their biggest concern is that they'll get you to a US port of entry and you'll be denied admission, so they'll have the cost of bringing you back.  That certainly is not a danger, so they should have no worries.

Great idea to get married in the US.  My husband and I did it, and it made things easier at both the Brazil end and the US end.  If your plan is for your husband to become a US resident, you'll have to go through the US Fiancé(e) Visa process, which is expensive and time-consuming.  We weren't interested in that since our plan was always to live in Brazil, so my husband came on a Tourist Visa and we got married on one of his visits.  In fact, he just renewed his US Tourist Visa this year without any problems.

If you decide to take that route and your fiancé does not have a US Tourist Visa, he should get one.  He'll need to prove that he has ties to Brazil that will make him return and not overstay in the US, and he'll have to go to an interview at the nearest US Consulate.  He should say that his plans include visiting you and your family, and not reference getting married.  It's not illegal to get married on a Tourist Visa, but Immigration is afraid that some people will try to get around the system that way, so he could be denied a visa even though that's not your plan.

As soon as you get back to the US, contact your County Clerk's office (in most states) or check their website to determine what their requirements are for marrying foreigners in your state.  In Cook County, Illinois, where we got married, we had to go in person to apply for the license, and all my husband had to present was his Brazilian Passport with a valid US visa as proof of both age and identity.  For purposes of the License, the Clerk accepted my US address for him, as well.

After the wedding (which was wonderful, by the way!) we walked the completed License back to the County Clerk's office and received our Marriage Certificate immediately.  At the earliest appointment we could get -- just a few days later -- we went to the Brazilian Consulate, registered our marriage, and applied for my permanent visa (this will be a VITEM XI visa for you).  My husband took the Certidão Consular proving that we registered the marriage back to Brazil and gave it to his local cartório, which issued him our Brazilian Marriage License.  I followed shortly after, entered Brazil on my residence visa, went to the Polícia Federal to register and get my CRNM (resident foreigner ID card), and we've lived happily ever after.

Changing visa types changes your status, so entering Brazil on a VITEM XI may mean that the fine that you incur on your Tourist Visa will be waived when you return.  I can't guarantee that, but it's a definite possibility.

Best of luck.  Any other questions on getting married, feel free.

@Jeriloving33 Good Job!

Roddie in Retirement

@abthree

I really appreciate the detailed feedback! I'll be sure to update here on the thread to provide the details of my experience. I'll confirm if there is a grace period before the interest is applied.

All the details for the visas and marriage process was very helpful as well. He intends to get the travel visa for his trip to the USA. I'll be living in the state of FL when he arrives. The procedure for marriage to a Brazilian are the following.

Both parties must be present with valid ID.

Obtain a marriage license from the county Clerk of Court.

Pay the required fee (around $93.50, potentially reduced with a premarital course).

Adhere to the three-day waiting period (waived for non-residents or those who complete the premarital course).

Have the marriage ceremony performed by an authorized officiant.

As  for the legal status

Marrying a U.S. citizen does not automatically grant your fiancé legal residency or citizenship. After marriage, you will need to apply for adjustment of status if you plan to live together in the U.S. This involves filing Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS.

We also intend to live in Brazil long term eventually but for now would do 6 months in US and 6 months in Brazil alternating. I'm more interested in becoming a Brazilian Citizen than he's interested becoming a US Citizen.

That's wonderful to hear that you were both able to successfully complete the process smoothly. It definitely seems like there were way less requirements in the state of Illinois vs Brazil. We love a happy ending! So now you have your Brazilian citizenship, and he uses a travel visa whenever you visit the USA?

02/29/24 That's wonderful to hear that you were both able to successfully complete the process smoothly. It definitely seems like there were way less requirements in the state of Illinois vs Brazil. We love a happy ending! So now you have your Brazilian citizenship, and he uses a travel visa whenever you visit the USA?
   

    -@Jeriloving33

Yes, that's how we work it.  We've been a couple for ten years, married for seven -- how time flies!  That's why his visa (good for ten years)  is approaching expiration and he renewed it.  He started the process a little early because the wait periods at US Consulates during the pandemic became ridiculous, and we weren't sure that  they had gotten back to normal, but they had.  It took about a month from request to delivery, and since it was a renewal and he's on record as having visited the US many times without any overstays, no interview was required this time.  We hope that things go as smoothly for your fiancé. 🤞🏻

With respect to the US end, what you write sounds substantially correct.  When we got married, USCIS was not friendly to people getting married in the US and (in their view) trying to bypass the fiancée/spousal visa process in the non-American spouse's country, but they may have softened on that.  I believe that your soon-to-be husband can spend up to 180 days a year in the US on his tourist visa, so I would suggest not bringing yourselves to the attention of USCIS before discussing your specific situation with an immigration lawyer.  There are other complications associated with being considered an immigrant rather than a visitor in the United States that you two may or may not want to deal with.

As far as the wedding is concerned, my husband was ok with my making the arrangements, but he had very definite ideas of what our tuxes should look like, and under no circumstances was I to order the wedding cake until he arrived for the cake tasting and the final decision.  So make sure you understand what your orders are!  🤣

My avatar on this site is our cake topper.  That's us, dressed the way we were that day, right down to the little black bowties.