Overstay my VIVIS date while waiting for documents

Hello, I am an american currently living in Brazil with my boyfriend. We created a stable union for us so I could stay here longer, the issue is: I don't have my birth certificate apostilled, and I don't have the criminal records at all. From what I've seen it is possible to get those from within Brazil (I have family in the US that can help too), but it takes a lot of time. Will I get in trouble with the PF for that when I show up to my appointment with them?

@matheusreinert Well, you came to the right place. The quick answer is YES, I would not appear to waste the FP time by going their with documents that are not completed.


The second part is please let us know EXACTLY what you are applying for to be sure we give you the best advice. In addition, what visa are you here on now.  How much time do you have on your current Visa. I just paid R$7,250 for overstaying my visa.


I am almost done with my Permanent Residency Visa by Spouse and an FBI Background check is necessary. This has to be done in the USA, since the FBI is a domestic agency and it is done with your fingerprints. I flew to Miami using A/B as my Channeler. I need to re-do them, because they expired and this time i will do the added step of using USA Apostille (4-6 weeks).


I am getting a copy of my Birth Certificate from the R.I. Dept. of Vital Records ($22) and then Apostilled at the R.I. Secretary of State. (same day - walk-in service).  I was born in R.I.


I hopethis helps.



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   01/31/24 Hello, I am an american currently living in Brazil with my boyfriend. We created a stable union for us so I could stay here longer, the issue is: I don't have my birth certificate apostilled, and I don't have the criminal records at all. From what I've seen it is possible to get those from within Brazil (I have family in the US that can help too), but it takes a lot of time. Will I get in trouble with the PF for that when I show up to my appointment with them?        -@matheusreinert


Hi, Matheus.  Yes, as @roddiesho wrote above, your absolutely best bet would be to go back to the US while you still have time on your visa, get ALL your documents and apostilles together and correct, and come back ready to request residency.  See this thread and review it with your boyfriend to be sure that you really have everything you need:


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


If you choose not to do that and to overstay your visa, you should get a lawyer now before you've overstayed so that s/he can get things moving for you early and give you a fighting (but limited) chance.  Starting the process when you're already in overstay status shouldn't get you into trouble, but it very well result in your being given X days to leave the country.

@roddiesho I arrived in Brazil in dec 7th, having 90 days it means I still have a little over a month left. I am thinking of going back to the USA to get this sorted, it will be expensive but I think we can sort it out. The problem is coming back to Brazil, now they require e-visa which needs bank account information to be shared, alongside having to match some criteria that I'm not sure I do. I am applying for a familiar reunion visa, by the way.

01/31/24 @matheusreinart.  Brazil is a real country with real rules, and foreigners who want to live here have to follow them - that is what is. Besides, if you hustle, chances are that you can get your  docs together and get back before the evisa takes effect.


Did you and your boyfriend formalize your união estável at a cartório, or is it informal?   That could make a big difference to the Polícia Federal.

@abthree it is formalized, we made a public união estável in a cartório.

Isn't e-visa already in effect? From what I can remember, at least from last time I checked, it went in effect in January 10th


  01/31/24  @abthree it is formalized, we made a public união estável in a cartório.Isn't e-visa already in effect? From what I can remember, at least from last time I checked, it went in effect in January 10th        -@matheusreinert


The latest information of which I'm aware is that it's been postponed again, to April 10:


https://www.gov.br/mre/pt-br/consulado- … formation.


The união estável from the cartório will be a big help with the PF, so I'm relieved that you have it. If your birth certificate already had an apostille and a Sworn Translation, you should be able to use that for the PF as well, so that's one document down.


    I arrived in Brazil in dec 7th, having 90 days it means I still have a little over a month left.
    -@matheusreinert


Were you in Brazil prior to this date last year?

@matheusreinert Follow @abthree's guidelines. When I came back I still had about 2 days left on my visa and even then they blocked me from returning. (After several hours I was allowed to return). This was before there was an E-Visa.


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@Peter Itamaraca no, this is my first time in Brazil.

Thanks a lot, you guys have been a huge help, sorry I wasn't active in this thread, got really busy with irl. I've decided to go back to the USA, since I need anyway for my criminal background check. I just want to confirm an information, americans can stay in Brazil for 180 days a year, but only up to 90 consecutive days, right? That means I can come back again in April before e-visa is in effect, correct? I am planning to go in the beginning of march and come back in April, before April 10th. After that first thing I'll get the sworn translation and schedule my appointment with the PF.

02/16/24 I just want to confirm an information, americans can stay in Brazil for 180 days a year, but only up to 90 consecutive days, right? That means I can come back again in April before e-visa is in effect, correct? I am planning to go in the beginning of march and come back in April, before April 10th. After that first thing I'll get the sworn translation and schedule my appointment with the PF.   

    -@matheusreinert


No, it's more flexible than that.  You have 180 days a year, and you can split it up any way you want.  You can stay all 180 days consecutively if you want (although in that case, you need to extend at the Polícia Federal as you approach the end of your first 90 days), or do it the way you plan, which makes a lot of sense.  You should be ok without the e-Visa as long as you arrive before April 10. 


Any questions that arise as you gather your documents, we'll be here.

@abthree thanks a lot for the quick response, really y'all are life savers! that's great to hear, I plan to leave before my 90 days expire so I'll be fine. That's great to hear, luckily I live near to sacramento so I can visit my family while being easy to get the needed paperwork done