Getting married in Brazil, Permanent Visa and documents required

Great news sharkster, I'm so glad that you finally got everything sorted out and you even managed to avoid the expense of the interpreter for the wedding day. I was completely fluent when I arrived in Brazil so didn't need an interpreter, but I guess having one would really throw a wet blanket on the whole ceremony.

Don't forget to SEDEX me a piece of the wedding cake!!!   

Just joking...

Cheers,
James       Expat-blog Experts Team

A few new questions to both James and any American who has gotten married in brazil. I' m asking these because when I come down to Rio to file my marriage  paperwork I only have a few days. Then I plan to return for the ceremony day. So I need to be super efficient with my time. Or make other plans if the bureaucracy is too slow.

How long does it take for the  American Consulate to issue a letter than a person has not been married before and to validate my birth certificate. If I make an appointment at the Rio Consulate will they process the information in the same day?

Same question for the Tradutor Juramentada. When I take my documents there how long will the translation take. Can it done the same day? Also can the documents (birth certificate) be officially translated before going to the consulate to be authenticated?

Is an appointment required for the Cartorio to file the papers to start the marriage process?

Is the "Circunscricao do Registro Civil de Pessoas Naturais" the right place to go? I was looking at the listings of Cartorios in Rio near my fiance's apartment and it was called that. Not a "Cartorio" does that make a difference?

And for the permanent residency if I bring a police report does it need to be FBI or can it be from my US county? I have no record but I would like to be totally prepared and have those reports done.

Thank you to everyone and James ;-) in advance.

Hi Phil,

I'll try and answer your questions in the order you've given them.

Regarding the letter from the US Embassy/Consulate that you're single and the "Inscrição Consular" that the Cartório is going to ask for, I'm sure that that wouldn't take more than a couple of days if they don't do it right on the spot.

No, a sworn translator will never do up a translation same day, not even if you pay a huge premium. You can count on it taking at the very least a week, and it not being a spot-on translation either. I could have done a far better job with my Birth Certificate and Divorce Certificate myself. But, of course the law here requires a sworn translator. Note: If you don't speak Portuguese relatively well you will also need to arrange for a sworn translator to attend the wedding cerimony as well, that's required by law.

The only Cartório that performs marriages is the Registro Civil, there are all kinds of different types of Cartórios all of them with a separate and specific function. The one you want is the Cartório I referred you to in my other posting. The Registro Civil is divided into various district offices. Some are called Oficio and some are called Circunscrição, but it's all the same thing. A rose by any other name....

If you're marrying a Brazilian citizen you don't even need a Certified Criminal Record Check, provided of course you have no record. The Federal Police will give you a fill-in-the-blanks Declaração Sob Pena da Lei de Não Condenação, which you fill out either in front of a Federal Police Agent or take to the Cartório and have notarized. You only need the FBI check now if you've got a record. The check is ONLY for the permanency process, not for marriage.

Cheers,
James     Expat-blog Experts Team

James

Do you think there would be any problem if I send my birth certificate with my fiancé back to Rio and have him take it to the translator? Then I can take it to the embassy to get authenticated when I get there.

And just to be clear, for residency I will need an FBI check...

Again so many thanks

Philippe

No problem at all. In fact, the more documents that you can get ready before the fact the better off you are.

Cheers,
James

I'm trying really hard to pull them all together.

If I pull off getting the marriage registered it will be all due to your sage counsel James.

We can't thank you enough!!

No Phil, you won't need the FBI check at all, unless of course you're on somebody's wanted list. 

You'll just sign the sworn Declaração stating that you have not been convicted of a crime in Brazil or abroad and that you are not currently charged with a crime.

Cheers,
James

I know it's probably in the thread somewhere but do the criminal checks and the passports need do have Translations done before going to the Cartorio? IE do I have to leave my passport with the translator for a week?

And because I'm especially obtuse today. You said the statement of no criminal record is ok for Residency.. Ie if theres no record at all when applying for permanency, I can just submit an affidavit that they provide?

Hi Phil,

First of all, the FBI check doesn't even need to be done anymore if you're basing the application on marriage. It has been replaced with a "Declaração Sob Pena da Lei de Não Condenação" that the Federal Police will provide for you, you will sign it in front of an officer there, or have it notarized at a Cartório. The marriage process doesn't require a record check at all and never has.

Your passport DOES NOT need to be translated, but you do require a "cópia autenticada" of all pages (even blank pages).

Just so there are no unpleasant surprises, check with the Cartório where you will get married. I've heard reports from members in Rio that the Cartórios there are insisting that your Birth Certificate must be registered at the 1º Oficio de Registro Civil, which is crap, so they can scam another R$300 or so out of you.

Cheers,
James      Expat-blog Experts Team

Hey James.

Can you direct me to a post that explains the process of getting my marriage done in the US recognized in Brazil? I ended up getting married here. And my spouse is going to work on getting the marriage recognized there.

With your help I knocked a lot out. I got my birth certificate mailed from Minnesota. I sent it overnight to Chicago for legalization and it was back in my hands three days later. I got married in Miami beach got my certificate legalized at the consulate in Miami and opened a joint acct at Banco do Brazil all in one day. My spouse will get the birth certificates (2) and licenses (2 copies) translated officially.

I know I saw the registration process somewhere but I'm not sure where the post was.

Without your posts there's no way I could have turned everything around so fast.

Thanks again.

Philippe

Hi Phil,

The topic that deals with registration of foreign marriages with a Brazilian citizen is linked here:

https://www.expat.com/forum/viewtopic.php?id=376293

When you want to find a topic there is a "Search the Brazil Forum" box on the main Brazil Forum page just above the green POST NEW TOPIC button. It's hard to see because it's really too light, but if you type in a keyword or phrase and click on the magnifying glass you'll get a list of all topic threads on that subject. It narrows down the search considerably.

Cheers,
James

Got married yesterday at Cartório!!! Hooray. Going to Polícia Federal tmrw. James, and everyone else, thanks very much! 😀😀

Hey , what we did is we went to the Brazil consulate with the unabridged marriage certificate( has names of your parents on it)
I think your wife has to be there and they give you a little green document which you present at the brazilian cartorio for marriages .....that was my process anyway. You can already apply for your VIPER at the consulate with the little document they give you , but you need to complete the registration in brazil to be officially married here from what I understand.
Also if you have a prenup you will have to submit an officially translated copy too in Brazil.
Finally after a few days you go and pick up a yellow Brazilian marriage certificate.
But it was actually really really easy to register the marriage , by far the easiest part of the process for me.

Yes Steve, that's about it in a nutshell.

Cheers,
James

Hey Stevefunk,

Did you register it in Brazil or in the country where you did it?  My spouse went back to Brazil. I'm still in the US but I'm going to visit in three weeks. I'm not sure if we can just register it in rio per the link James have or if we have to register it
Here and then in Brazil. The regulation James referred me to sounds more complicated. We did get the wedding license/ certificate legalized in Miami.

It has to be registered BOTH at the Consulado-Geral do Brasil in the USA and at the 1º Oficio (Circunsrição) de Registro Civil in Rio too. The Consulado recognizes the marriage, but it's registration at the Cartório in Brazil that gives it legal force in Brazil.

Cheers,
James    Expat-blog Experts Team

Damn. Lol.  I thought we just needed the legalization. So I guess we'll register it on the next visit up here. Then we can register it down there

Hey , you first do a registration in the consulate in your home country , then make it official by taking the document they give you to the relevant cartorio in brazil when you are there...

Ola Stevefunk.

Did you have to pay a fee? I've been searching the Miami consulate website and they don't mention registering marriages either a form or fee. 😕

I'm hoping I don't have to make a trip just to ask them the process but I doubt they will pick up the phone or reply by email. 😕

Hey , from what I remember we payed a fee at the cartorio in Brazil which was over R$100 ,Expensive my wife says
I think we also payed at the consulate as well to get the initial document  , we payed more or less R$100 both sides , but I can't remember clearly

But I would be prepared to pay more or less $30 USD in the states and +- R$120 Reals at the cartorio in Brazil

I wish I could remember exactly but those are the fee's more or less from what I remember
Hope that helps

Dear James,
First of all - thank you so much for all help and support you are offering on this page - great work and great service!!! I´d like to ask your advice too. Me and my fiance have started the process of preparing to getting married in Brazil. I´m Polish, he´s an American living in Brazil as Permanent Resident for 15 years (married for 5 years to Brazilian, than divorced).
I am very happy and relieved to know that I can apply for a VIPER permanent visa based on marriage with a Permanent Resident. But first we need to marry :-) :-). And here, at the very beginning of our story, a "nice old lady" in the Cartorio of our small town told my boyfriend that we cannot "just" marry, on the same way as though he was a Brazilian marrying a foreigner. Do you know, were I can find out, written black on white, that we have this right?

Thank you!
Best regards,
Magdalena

Hello Magdalena,

First of all, on behalf of everybody here at Expat-blog, welcome on board. I hope your participation here will be both enjoyable and informative, and I promise I'll continue doing my very best to take care of the information part!!!

Next of all, thank you so very much for your kind words. It's members just like you who keep me going strong.

Now to get to your questions:

Actually, there is very little difference in your particular situation then the process of an expat marrying a Brazilian citizens. There are really only two minor differences.

The first is that since you're both expats you will both need to provide ALL of the same documents that a foreigner marrying in Brazil must produce. (Listed in the very first post in this thread). That means Birth Certificates (issued within the past 180 days) legalized by the Consulado-Geral in your country of birth and consularized by your Consulate or Embassy here in Brazil, translated by a sworn translator here in Brazil. You both will need an "Inscrição Consular" which is basically a letter from your Consulate or Embassy that you've registered with them and will also state your parents' names and birthplaces (or citizenship). You'll need a Single Certificate or some kind of declaration from the government or Consulate, that you're single and never married or a Certificate of Divorce (both legalized and consularized and translated). He will need a copy of his "Homologação de Divorcio". That's pretty much it for the marriage process.

The only other difference is actually for the permanency process, YOU will need a Certified Criminal Record Check because your husband-to-be is not a Brazilian citizen. (If he were, that would not be necessary). The record check must also be legalized by the Consulado-Geral do Brasil in the country of issue and translated into Portuguese by a sworn translator here in Brazil.

That's about it. If you have any further questions just post them here. I'll respond to them as soon as possible.

Cheers,
James    Expat-blog Experts Team

Dear James,

Thank you for your prompt and informative answer! Very helpful!
It's such a relief to know that we have right to marry as expats in Brazil on such human conditions . Now we only have to convince about it the employee of our Cartorio... Can I ask you, where do you have your informations from? Maybe can I find this somewhere written? It would be great to have a weapon in hands during the next visit in the Cartorio, the lady there is not helpful at all :-(. 

If you allow, I will follow with two further questions about the documents:

1) I am at the moment in Poland, preparing the documents to bring back to Brazil:  the original of my Birth certificate, Single Certificate and Criminal Record Check - all to be legalized in the Brazilian Embassy and Ministry of Foreign Affairs in Warsaw. I have doubt regarding  "Inscrição Consular" -  I haven't seen this document on the main list starting the thread. Is it something what me (and my boyfriend too, if I understand properly) get from Consulate/Embassy in BRAZIL, right?

2) My boyfriend was surprised when I mensioned the original of Birth Certificate "issued within the past 180 days" . He said, he has the original document of his BIrth Certificate with him since he's 17 years old. This document he also used 15 years ago to marry his Brazilian ex-wife. If he has the only original, it should be the right document?

Thank you again and in advance for all your help!
Magdalena

Hi again Magdalena,

While the law is clear that documents like Birth Certificates, must have been issued within the 180 days prior to submission for legalization to the Consulado-Geral in the country where they're issued; if your husband used that Birth Certificate for his other Brazilian marriage and had it legalized then, he should be able to use the same document now.

Regarding the "less than helpful" employee at the Cartório, there's not a lot you can do about her, and you should be aware that employees in many Cartórios really don't know their jobs very well. I would really suggest that you go to another Cartório and arrange your marriage there instead. I'm sure you'll have much better results.

The "Inscrição Consular" is just one of the documents required to prove the full names of the parents of both parties to the marriage. Many Cartórios don't seem to understand that it is just ONE of the documents to prove this, so they insist on all of them, including the "Inscrição Consular". It is much better to have obtained it, rather than have the Cartório staff insist upon it and delay your wedding plans. Yes, you get it from your country's Embassy/Consulate here in Brazil and there will be a small charge for it. Don't worry, they're all aware of what this document is and will know exactly what you want when you ask for one.

Hope this answers all your doubts. Don't hesitate to ask if you have any further doubts.

Cheers,
James    Expat-blog Experts Team

Dear James,
Thank you very much for your valuable suggestions on this blog. Its really helpful. I was wondering if you can help me answering few of my queries. I am from Kolkata, India and my girlfriend is from Brazil. I am planning to visit her during the new year and get married in Brazil.During my visit what are the documents i should carry with me to produce during our marriage in the Cortario and at the same time i want to apply for the permanent visa if it is possible? please help.
Thank You,
Warm Regards,
Pal

Nossa, James, thank you! Your help is priceless :-) :-) :-)
I feel very relieved and hope that everything will go well...

With best regards from cold Poland,
Magdalena

Hello PAL6060,

Don't count on being able to get married here in Brazil. First of all the Brazilian government has made it about 20 times more difficult for citizens of India, Pakistan and Bangladesh to obtain any category of visa for Brazil than for citizens of any other countries on earth. Even if you do obtain a visa, it will not be a 5 year, multiple entry visa which allows a 90 day stay. They are almost never granted on the very first application, usually only after one successful visit to Brazil and returning home would one be considered for a longer visa.

The minimum time it takes for expats to marry in Brazil, even if ALL of the required documents are present and in perfect order, would be between 30 to 45 days. It is very unlikely that you'd obtain a visa that would permit a stay of more than 7 - 30 days maximum.

My recommendation to you would be to have your girlfriend come to India and get married there. Following that she would have to register the marriage with the Consulado-Geral do Brasil in Mumbai or New Delhi, whichever has juridiction over Kolkata.

Cheers,
James    Expat-blog Experts Team

Dear James,

Thank you for your prompt and informative answer! I would do it accordingly as you said and if there is any help needed in near future i will ask you through this blog. please reply to that.
Best Regards,
Pal.

If you are already married in Brazil but have not applied for permit Visa. What are the steps thanks

Hi Vegas12,

Depends on where you are, actually.  You can apply for a VIPER Permanent Visa through the Consulado-Geral do Brasil that has jurisdicition over the city where you reside.

Or you can come to Brazil on a VITUR Tourist Visa and apply for "Permanência Definitiva com base em cônjuge brasileiro(a)" through the Federal Police.

If the application is made through the Consulado-Geral, you only get the VIPER, and you still must register in the RNE and apply for your Cédula de Identidade Estrangeiro - CIE upon arrival in Brazil. (Federal Police)

If you apply through the Federal Police then you do all three steps, permanency, RNE and CIE all at the same time.

See the following:

https://www.expat.com/forum/viewtopic.php?id=403321

Cheers,
James    Expat-blog Experts Team

I was able to make my CPF in the Receita Federal and after so much trouble, irritation, and fatigue caused by the imbecilic Cartorio, I was able to get married!! I want to thank James and the other users who's input helped me throughout the way.

Now I am getting ready for the Permanency process and I am sure it will be no easier nor cheaper than getting married here in Brazil. I just have a few questions regarding the process and the documentation needed.

1) Declaração de que não se encontram separados de fato ou de direito, assinada pelo casal, com firmas reconhecidas; on the website for the federal police it asking for this form, I dont know where I can order or find this form or even a sample to make on my own. Does somebody have a copy of this form or know how to make one?

2) Declaração de que não foi processado ou condenado criminalmente no Brasil e nem no exterior, quando não for casado há pelo menos 5 anos; I have no criminal record in the United States nor the time I have been here in Brazil, How do I prove that or show my criminal record status without having to go back to US?. What about my non-existent criminal record status here in Brazil?

I am aware once I have these declarations and the rest of the the documents needed I pay 3 separate fees for the application, registration of foreigners and the identification for foreigners. Is there any other fees I am not aware of or other type of legalization, notarization, or recognition of signatures of the documents needed? I read here somewhere that I would have to be married at least one year in order for the new process to be carried out in my application which would be much faster, is this true?

I want to thank you ahead of time and if anybody has any advice or input on how things could go more smoothly I would highly appreciate it.

My friend your Brazilian fun is just beginning......gear yourself up for a few months of chasing papers , missing forms and documents to apply for . Workbook , problems when they block your CPF for something you didn't know about , converting your drivers license , registering an address change, getting a bank account  ,the list goes on and on
I think it takes  in my experience , about 6 months to get it all sorted out and have every document you need for a Normal life here....if you get it done faster than that , you are superman because it will mean you will have to spend 90% of your waking hours in Govt. offices and institutions , you just get to a point where you say enough and leave some things till you really need them.
It is a nice feeling though when you finally get your CIE card in your hand though.

The only advise I can give you is just be prepared for things to take a bit longer than you thought....in Brasil theres always that one "extra" document you didn't know about , missed or forgot.

I'm sure James will give you the right advise on what to do

Hello MGR BRAZIL,

The two declarations that you've mentioned will be provided to you by the Policia Federal. They have fill-in-the-blank forms and they may or may not ask you to fill them out and have them notarized in the Cartório, or may simply have you sign them in front of a Federal Police Agent depending on where you are. If you are asked to take them to the Cartório it is important to remember that you must ask for "Reconhecimento da Firma por Autenticidade" which is a little more expensive than the "Reconhecimento da Firma por Semelhança", but it's the only kind of notarization that the Federal Police accept for declarations.

As far as the permanency process goes it has been streamlined and is much less bureaucratic than it was in the past. The following posting clearly outlines what you need to do:

https://www.expat.com/forum/viewtopic.php?id=403321

What you're talking about when you mention the one year wait, is the application for Ordinary Naturalization, should you wish to become a Brazilian citizen.

Cheers,
James      Expat-blog Experts Team

I found the permanent visa process being much easier than the marriage process, but the federal police in this city are much more accessible than what I've experienced in other cities.

Hi James,

There is a discrepancy between what the Cartorio is saying and the information here.  The Cartorio in BH is saying that passport has to be certified and given to them within 90 days of it being issued.  Maybe we will have to call them again to clarify because here on the forum it says we have180 days until we need to have it certified and then it never expires once the consulate certifies it. 

Also, the cartorio didn't indicate that we had to also get it certified at the canadian consulate in Brazil as what is indicated here.

The problem is we won't get the documents to the Cartorio within 90 days, so we have to decide if we try our luck with the 180 days or not. 

Can the Cartorio really set their own time frame and say the birth certificate is invalid even if it's within 180 days of being issues but over 90?  What has your or other's experience been?

Quick question about certified copy of passport.

"A clear and legible Certified copy of your passport; identification page and visa page(s) - Note: Take the original passport to the Cartório, they will make the certified copies there. Get two Certified copies made since you need one for Permanent Visa process"

So, I assume I can get them certified in Canada as well and just bring them down to Brazil?

James knows more details than me, but it doesn't make sense to get the passport certified. I'm a little confused about your first post, are you talking about the birth certificate or the passport?

The cartório SHOULD ask for a certified copy of your passport and that's very easy to get at the cartório for a couple of real.

I would advise you to get your birth certificate legalized at the Brazilian consulate in Canada, even if the cartório is telling you on the phone that you don't need to. They can change their minds or you might deal with another person at the cartório saying that you need it. It's just not worth the risk.

Once the birth certificate is legalized at the brazilian consulate, there isn't a time limit that you're supposed to get it to the cartório. It's valid and there's no expiration date. But you do have to get your birth certificate issued and to the brazilian conuslate in Canada within 180 days, and again, there's no expiration after that.

This is the way it's supposed to be. As for your question, if the cartório can set their own time frame...well, their not supposed to, but cartórios will make up their own rules and there's not a whole lot you can do, except to try out another cartório. It's one of the many frustrating things about Brazil.

Haha, thanks for the advice and it has been a struggle so far just getting married. I didn't expect for it to take so long and to waste so much time and money. I am assuming you had a hard time with the permanence process  and wanted to ask you if you were able to get the declarations for the permanency process at the federal police? They told me I had to make on my own which sounds a bit ridiculous as was told the same about my single status declaration, only ending up to not be valid. Thanks for the reply.

Hello James, thanks for the reply. I called the Federal Police and they told me I have to provide both declarations on my own. I don't really know where I can get them or how the structure of the declaration should be made. Is there a template that you know of or some version of the Declaração de que não se encontram separados de fato ou de direito as well as the other Declaração de que não foi processado ou condenado criminalmente no Brasil e nem no exterior? It seems to be all I need to purchase the Permanence application and turn it in to the Federal Police. I dont have so much time left on my visa and would appreciate anybodies input on this, thanks. I wanted to ask if there is way I could get a temporary work permit before applying for the permanency? I am aware they give you a carteira de trabalho once you apply for the permanence as mentioned in the link you gave, correct? Thanks for the information.