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mdadilkhan89

hi sir.
how are you..i would like a information regarding that my girlfriend applied for my visa in brasilia..and its almost more than 6 months ..how would i get a status of my application??
i also would like to know that is it possible that we can marry in the embassy of brasil she being there and me being in India??

James

I hate to tell you the bad news, but there is something very wrong here.... someone else cannot apply for a visa for you, you need to apply for it in person, through the Consulado-Geral do Brasil in Mumbai or New Delhi. Certainly if this woman told you SHE applied over 6 months ago, there is something going on that you should be very worried about. I hope you're not sending this woman money!!!

No, that's not the way proxy marriage works in Brazil. Also to arrange a proxy marriage BOTH parties must attend the Cartório (Registry) here in Brazil to do all the paperwork. Proxy weddings here are simply for cases where the bride or groom would not be present for the wedding for some reason, not intended for people who've never even been to Brazil.

Check out what's going on before you even think of marriage. Then if you find this is NOT some kind of scam you've gotten into, then have her come to India and get married there... that's the only way it's going to happen.

Cheers,
James    Expat-blog Experts Team

mdadilkhan89

Thanks for your kind reply..
yes we are plamnning to visit mumbai n marry there..how to do that??

Roadtripking

James, would it be better to have my marriage recognized by the Brasilian government by going to the consulate in Houston or recognized when I go to Recife? My wife and I have been married for 11 years, she is a Brasilian national with permanency status in the US but is in Recife because of family matters. My mother-in-law is in her 80s and we are in our 60s and my mother-in-law is in ill health along with we have a new grand daughter there. Which would be best? Thank you.

James

Hi Roadtripking,

According to Brazilian law the foreign marriage must be registered both at the Consulado-Geral do Brasil having jurisdiction over the city where the marriage took place and subsequently upon returning to Brazil it must also be registered with the 1º Oficio de Cartório de Registro Civil in the capital of the state of one's residence or in Brasília (whichever is more convenient). It is my understanding that registration here in Brazil must take place within 180 days of one's arrival in the country.

Registration at the Consulado-Geral do Brasil can only be done by the Brazilian spouse, and must be done in person. In rare cases where a foreign marriage has taken place in a 3rd country (i.e. you were married in Canada for example, later moved to the USA and decided to register the marriage at the Consulado-Geral there) the LOCAL (foreign) Marriage Certificate would first need to be legalized by the Consulado-Geral do Brasil in the country where the marriage took place. Only then would it be accepted for registration in any other Consulado.

Upon registration, the Consulado would then issue a "Certidão de Casamento" from the Consular Cartório, which is the Marriage Certificate that would later be registered here in Brazil. Many Consulados are not extremely familiar with the procedure, and some have found that when attempting to register a marriage that had taken place years before they were told that it couldn't be done since too much time had passed. This is absolutely false and there is NO TIME LIMIT emposed on registration abroad. The ONLY time restriction is the 180 day limit imposed on registration here in Brazil.

Once the marriage is registered at the Cartório then you have two options: a) obtain a VITUR Tourist Visa and come to Brazil and apply for Permanência Definitiva com base em cònjuge brasileira here (what I recommend); or b) Apply for a VIPER Permanent Visa there before coming to Brazil (I don't recommend this option if you don't wish to wait a few months) you cannot enter Brazil even on another visa category until the VIPER has actually been granted.

With the first option if all the documents are present and in proper order, permanency is granted immediately, you register in the RNE and apply for your civil ID card the Cédula de Identidade Estrangeiro all at the same time. The documents required are all the same in either case, it's just a matter of which option is most convenient for you.

If you have any further questions or have doubts you'd like cleared up then feel free to post them here.

Cheers,
James   Expat-blog Experts Team

Roadtripking

I appreciate the reply, James.  I will see when the consul will be in Oklahoma (comes twice a year) and if my wife is here at that time we will get it registered then. If he is not, then we will drive or fly to Houston to get it taken care of.  I will get the paperwork started.  I have talked to the consulate before and I hope he is knowledgeable, although he should be as there are several Brazilians living here who are married to US citizens and I am sure they have been through the process. Thank you.

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