Marriage and immigration.

Are background checks only good for 90 days? It takes 6-10 weeks too even get it back with a apostille then too have it shipped is another week or two? I heard mabe good for six months I need too clarify?

Californian,

All the best with your plans.  There's no reason that you can't handle this for yourselves, as long as you're careful to have all your documents in order.  Everyone is under extra stress these days because of covid, so being considerate of that with the people you deal with will serve you well.

To address your concern about document expirations first, your only real concern is the FBI Background Check.  The guidance given to the Polícia Federal is that they have discretion to reject any background check older than 90 days.  As a practical matter, they'll probably be reasonably understanding if you miss that by a month, or maybe even two.  Beyond that, things get progressively riskier. 

Several members have reported here that the FBI is turning requests around very quickly, and the Approved Channelers always do.  So be strategic.  Request your background check about a month before you leave the US:  that will leave you time to get it apostilled (US State Department -- there are services that can take care of this for you) and have it when you leave.  Schedule your marriage for as soon as you can have it after your arrival in Brazil.  Start your application for permanent residency with the Polícia Federal as soon as you have your Brazilian marriage certificate.

Apostilles do not expire, unless the underlying documents do.  Documents for one-time events, like birth certificates, marriage certificates, and divorce decrees should not expire; clerks can be officious, but you should be able to jolly them along on this kind of document.  Sworn Translations, signed (including electronically) and on the original stationary do not expire.

Here are the general documentation requirements for a cartório marriage of a divorced foreigner in Brazil.  Often, a given cartório will have its own little spin on the requirements, so your fiancée should reconfirm with your cartório of choice.  If she already has a relationship with the cartório, so much the better:

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

"Legalizada" in the context of documents from the United States means the the documents carry apostilles.  I've discussed what apostilles are and how to get them on several other threads.  If you can't find those discussions, feel free to ask.

Note that, per the list, both your divorce decree and the marriage certificate of your first marriage are required.

Here are the general documentation requirements for permanent residency on the basis of family reunion.  Since you're getting married, the ones that apply only to "união estável" don't apply to you:

http://www.pf.gov.br/servicos-pf/imigra … miliar.pdf

JRomero1988 wrote:

Are background checks only good for 90 days? It takes 6-10 weeks too even get it back with a apostille then too have it shipped is another week or two? I heard mabe good for six months I need too clarify?

Other members report that the FBI is turning requests around in a matter of days.  If you're not finding that to be the case, FBI Approved Channelers turn them around that fast.  Here's the list:

https://www.fbi.gov/services/cjis/compa … channelers

I notice that Accurate Biometrics, an Approved Channeler that I've used twice and liked a lot, partners with Colorado Fingerprinting in your state.  According to their website, they can generate your report and get you the apostille too.

I just did my fingerprints with Colorado fingerprinting and there wait says 6-8 weeks

JRomero1988 wrote:

I just did my fingerprints with Colorado fingerprinting and there wait says 6-8 weeks

That's unusual; sounds covid related.

JRomero1988 wrote:

Are background checks only good for 90 days? It takes 6-10 weeks too even get it back with a apostille then too have it shipped is another week or two? I heard mabe good for six months I need too clarify?

The FBI Background checks are virtually instant today, everything but Biometrics are done online.  I just went through this. Covid has sped up everything, not slowed it down. If you are in the USA, they are instantly completed, as soon as the enter button is pressed by the biometric technician at the USPS.  If you in Brazil, only the biometrics slow the process down and Apostille services are typically completed in days. It's all become so  very fast

I called them and talked too them they also said the same thing but almost 10weeks?

One other thing I haven’t seen mentioned - you’ll have to register your apostilled and translated documents with the cartório.  This process is taking between 7-10 days at present.

Here are some updates.

My girlfriend in SP received my marriage certificate (my first marriage) from cartório in Rio de Janeiro (I married in Rio with my first wife). I lost my marriage certificate and ordered a new one in cartório in Rio.

She also received sworn translation of my apostilled birth certificate (I have the original of my apostilled BC with me here in the US and she has sworn translation at her home in SP).

Now I'm waiting for divorce certificate, then I will need it to be apostilled with California Secretary of State and place an order for sworn translation.

Once I have apostilled divorce certificate on my hands I can order (assuming) online FBI background check and apostille it at the US State Department.

Please correct me if I'm wrong but I think that's all documents I will need for marriage and PF.

Californian,

That sounds right.  Since your first marriage was in Brazil but your divorce was in the United States, it's possible that the cartório may insist on registering the divorce (and collecting a fee) before they agree to marry you.  I'd let them bring it up first; if they don't, no problem.

The Ministry of Justice has reorganized its websites, including that of the Polícia Federal, since my post of January 22 above.  Here's the current list of documents required for permanent residency on the basis of reunião familiar; it doesn't seem to have changed:

https://www.gov.br/pf/pt-br/assuntos/im … o-familiar