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Does criminal history report need to be apostilled?

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aashleyh

Hi all,

I am in the process of collecting all the documents needed for permanent residency based on marriage. I am American and my husband is Brazilian. We have gotten to the criminal history background check part and were wondering if the report must be apostilled in order for it to be accepted by PF. My report will be authenticated by the FBI and include the FBI Seal and Section Chief signature.

Do you know if that is sufficient, or will the PF ask for it to be apostilled as well?

Any insight about this would be most appreciated. Thank you!

jland912

I believe all required foreign documents need to be apostilled.

Jim

abthree

Note that different documents require different apostilles, depending on the issuing government.  Documents issued under state authority (birth certificates, marriage certificates, divorce decrees, etc.) require an apostille from the Secretary of State of the state where they were issued.  Documents issued under federal authority, like FBI background checks, require an apostille from the US Department of State. There are services you can find online that will handle it for you.

Vida97654

Hi,
I will be applying tourist visa for Brazil , by the god grace if I receive my visa I am worried about police clearance certificate, because I am married to Brazilian and I'll be applying for permanent visa in Brazil, so if I come to Brazil with PCC and the immigration officer see in the passport there will be seal showing PCC received, by this will have a clear idea of my intention? What should I do?

I have asked for 28 days validity of the visa, if I can obtain PCC from consulate general of India in sao Paulo , does consulate Apostille PCC? If no how can I get it apostilled ? And if yes how many days it takes to get PCC from consulate and to Apostille it.

Thanks in advance.

abthree

Those are questions that only the Indian authorities can answer for you.  It's a very good idea to have as many of the documents that you'll need to apply for permanent status as possible apostilled before you leave India.

Vida97654

You don't understand my question,
Yes, I can take all documents apostilled including PCC , but my doubt is as I'll be going on tourist visa and if I have PCC there will be seal in my passport with the name of Brazil and date, then while I'm in the immigration counter and officer will be bother with that or not?

There is other way also if this way is problem, like I can get PCC in Brazil but I don't know if they will apostill it there or not.

abthree

I don't see the problem:  if you have a valid tourist visa, it is highly doubtful that the Immigration Officer is going to ask to see your PCC -- he or she will review your visa, and make sure it's in the system. 
As for your other questions, here are the apostille instructions from your Mininstry of External Affairs.  The process looks extremely complicated, and reading through it, I wouldn't recommend counting on the Consulate in São Paulo to be able to apostille anything for you:
http://mea.gov.in/apostille.htm

Vida97654

No, immigration officer will not ask to see my PCC but he will see it when he will open the passport, because they stamp on the page of the passport when here they issue PCC .

This is my fear.

abthree

Doubtful that they will ask to see it, but if they do, you take it out and show it to them - problem solved.

Vida97654

No, immigration officer will not ask to see my PCC but he will see it himself when he will open the passport, because passport office they stamp on the page of the passport when they issue PCC . this stamp contain file number and country for which PCC is issued and their seal and date.

Please read carefully what I am asking, same question i have asked many times, every time you answer saying that immigration officer will not ask to see PCC.

abthree

For the last time, the immigration officer will be looking for a valid visa - period.  An elaborate stamp in a foreign language will not attract their attention - they see thousands of those every day - unless it says in big red letters "CONVICTED FELON!"  In that case you'll have much bigger problems than Immigration Control.

Vida97654

I hope there will be no problems with the stamp,

Thank you

abthree

Don't let it worry you - there shouldn't be.
Best wishes on legalizing your marriage, and good luck with your new life in Brazil.

Vida97654

Let's hope for the best, my tourist visa was denied twice, now this time I have already filled the application and my wife is here with me, we will go to consulate of Brazil tomorrow and submit documents. I am worried is they deny my visa again?

abthree

If your wife is in India with you, consider getting married under Indian law, and registering your Indian marriage at the Brazilian Consulate.  Once you do that, your wife will be able to request a Temporary  (not a Tourist) Visa for you, based on family reunion.

Vida97654

We are married in Brazil " cartorio " through procuraçao last year, and if there is a problem if we request a tourist visa?

We don't want to request temporary visa because consulado already thinks that our marriage is for convenience,  they don't want me to stay in Brazil,
So I thought of tourist visa just to visit  her family, in case if I change my mind I can convert my visa in brasil.

Vida97654

We are married in Brazil " cartorio " through procuraçao last year, and if there is a problem if we request a tourist visa?

We don't want to request temporary visa because consulado already thinks that our marriage is for convenience,  they don't want me to stay in Brazil,
So I thought of tourist visa just to visit  her family, in case if I change my mind I can convert my visa in brasil.

abthree

You stated in another thread that the Brazilian Consulate refused to recognize your proxy marriage.  This is understandable, given the distance involved and the potential for abuse.  However, if your Brazilian wife goes to the Consulate in person, with you and a valid Indian Marriage Certificate, in order to register her marriage to you, that will put your case on an entirely different, and better, footing.
Just an option to consider.

Vida97654

You are saying that the Brazilian law for proxy marriage is invalid? Just because consulate thinks that it's marriage of convenience?

We are married in Brazil , and we don't have to marry again.

abthree

I'm in no position to judge the validity of your marriage.  I do know that the Brazilian law on proxy marriage is notoriously complex, and you're not the first foreigner to report problems on this site with getting a proxy marriage recognized.
I know that, with your wife now present in the same country with you, you may have the option of taking the easy way out of your problem with a quick trip to the Registry Office, but you seem to prefer to take the hard way instead, and to stand on what you view as your "rights".
And I know that it's the Brazilians' country, they get to make the rules, and you don't have any "rights", except the ones that they choose to extend to you.  But by all means, keep beating your head against that wall, if you want to:  maybe it will fall down after all!

Vida97654

Does the consulate general of Brazil register religious marriage?

Vida97654

Today we went to the Muslim leader who is authorized to perform religious marriage and issue marriage certificate, now we have marriage certificate from Brazil done through proxy, and other religious.
And now I'm on my way to consulate.

abthree

Vida97654 wrote:

Today we went to the Muslim leader who is authorized to perform religious marriage and issue marriage certificate, now we have marriage certificate from Brazil done through proxy, and other religious.
And now I'm on my way to consulate.


If the Indian Government recognizes your marriage certificate as legally binding, if it's in English, and if your Brazilian wife is your only legal wife, the consulate should be willing to register it. 
Both the Indian and the Brazilian bureaucratic systems have the reputation of being among the most difficult in the world, and you're caught between the two of them.  Best of luck to you!  :top:

Vida97654

Yes Indian government do consider Muslim religious marriage, and the marriage certificate is in English. And my wife is the first and my only wife.

Vida97654

I need help , I want answers to some questions,

My visa has been rejected twice in 2016 & 2017.

Yesterday I went with my Br wife to the consulate with all the documents and marriage certificate,
They registered my marriage and gave a other marriage certificate of consulate, and said that my tourist visa will be ready by next day , we requested them as we live very far away from the consulate, just to confirm we asked if I'll receive my visa this time, two person were working there they both said "yes definitely , it's confirm that you will receive visa tomorrow".
But now when we went back to collect visa ,they  are saying as my visa got rejected twice they need to write to someone in Brazil and have to reason why they rejected visa before and  why they want to give visa now, and if this authority agrees and says ,yes you can give visa they said they will give.


I don't understand what's going on.
Is this true that consulate need authorization from Brazil to issue visa?

abthree

The fact that they registered your marriage at the Consulate and gave you the Certidão is HUGE.  Your status is a whole lot better than it was yesterday.
Because you were rejected twice before, the Consulate probably needs approval from Brasília to issue your visa, but with your marriage certified, that should just be procedural.
The important thing now is to be patient, and to not get anyone at the Consulate mad at you.  You're almost there!

jland912

Good advice from abrhree. The people at the consulate can make it hard for you if you make them mad. There is a sign at the consulate in Chicago which says. The agent may require additional documents than those already required.

Jim

Vida97654

Hello everyone, I just got my passport back with 90 days visa and validity of the visa is 5 years.
Can anyone explain me the process of permanent visa in Brazil.?

CaninBrazil

https://www.apostille.net/blog/apostill … i-need-one
Feb 19, 2016 - Any document issued in the USA must be apostilled or legalized when it is going to be used in a foreign country. It is important to know where the document will be ultimately used. There are two different authentications that are issued by the Secretary of State the document could be certified or apostilled.

abthree

Vida97654 wrote:

Hello everyone, I just got my passport back with 90 days visa and validity of the visa is 5 years.
Can anyone explain me the process of permanent visa in Brazil.?


Congratulations, Vida!  From here on, the process is relatively straightforward.

1. While you're still in India, make sure that you have all of the documents listed on Federal Police website as required to request permanent residency based on family reunion, and that you have apostilles affixed to each of them by the appropriate government offices in India.  Check, double-check, and triple-check:  this is much easier to do while you're still at home than after you get to Brazil.

2. As soon as you and your wife arrive in Brazil, take the Certidão that the Brazilian Consulate issued to you when they registered your Indian marriage to the Cartório de Registro Civil do Primeiro Ofício of your wife's hometown -- it has to be her hometown -- or the Cartório do Primeiro Ofício do Distrito Federal, if she lives in Brasília.  The Cartório will enter the Consulate's Certidão in their books, and give you a document titled "Certidão de Traslado de Casamento", your Brazilian Marriage Certificate.

3. Take your Certidão de Traslado de Casamento and all of your apostilled documents from India to the "Estrangeiros" office of the Federal Police in the city where you'll be living.  Depending on where that is, you may have to schedule a meeting in advance.  You and your wife will both have forms to fill out.  After that, just follow instructions and fill out the forms, and in 30 to 60 days, you should have your CRNM, your Migrant Identity Card as a permanent resident of Brazil.

Vida97654

Thank you very much abthree for your patience and kind help in providing information and clearing my doubts.

Thanks again

abthree

Vida
So happy for you!  We're all here to help.  Good luck with your new life in Brazil.

Daniel101

Yes, I'm afraid so, as well as your birth certificate.
In case you didn't get it in your country of residence, you can still get it apostilled at your Consulate or Embassy in Brasil.

Good luck
D
Ernst Daniel

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