So what if I overstay my Tourist Visa in Brazil anyway?

Hello GringoBrazil9191,

No, there is no such thing as an emergency visa extension for a VITUR Tourist Visa.

My question to you is simply this, were you married here in Brazil? If so, and you carry your Marriage Certificate around with you at all times, just in case something ever happens, nobody can order you to leave the country under any circumstances less than being involved in a crime here and ending up deported. Even if you just overstay your VITUR Tourist Visa there isn't any real consequence to you whatsoever other than the small (R$8,25 per day) overstay fine.

I really can't understand any reasons that you might have for not applying for your VIPER Permantent Visa, but that's a personal decision that I certainly will not question, not my place to do that. You are aware that once you've been granted permanency that you can be outside of Brazil for up to 2 years at a time before you'd lose PR status,  don't you?

Anyway,  in your situation my advice would be simply stay as long as you like and pay the fine. The only possible consequence that you MIGHT suffer in the future is if you were to apply for a visa to some other country at some point in time. They MIGHT use the overstay fine and stamp in your passport as a reason to deny you a visa to their country, however even that is only a remote possibility.

Cheers,
wjw

Hi,

Thanks very much for all of the information.

I'm English and yes I was married in Brazil.

Thanks for pointing out that I should be carrying my married certificate around with me as I haven't been doing that. I'll go ahead and get a certified copy made and then start carrying it around with me in the future though!

I feared this would be the case regarding an emergency extension. I'll have to stay illegally and pay the fine etc, hopefully it won't cause me any stresses in the future with other countries.

Is it better to pay the fine before I leave Brazil at the Police Federal station in Sao Paulo or is it easier to pay at the airport a few hours before my departure flight? I always find the Police Federal people to be a bit intimidating!

All your help here it is much appreciated.

Regards.

Actually you shouldn't let the Federal Police at the airport intimidate you, they're quite used to handling overstays an they really don't make a big deal of it. Just allow a little extra time before your departure to get through the process. I don't know if you can pay the fine before leaving, you probably can, but you'll need to ask the Feds about that when you are at the airport. Most people however wait to pay it on return. There's no problem doing that, they escort you to the bank in the airport to pay the fine upon return, then you go right through as if nothing had ever happened.

Hi guys!!

I just got to Brazil to look for a job. I am here on a tourist visa on an Italian passport.

I have to go back to Italy in 1 month and was planning on staying there for a month.

Will this be counted as part of the 3 month period or will I be allowed to stay an extra month?

Thx for the help

Well if they follow the Schengen Area Agreement strictly then YES it will be counted as part of the initial 3 month (90 days) in the six month period, so you'd be allowed back into Brazil for only 2 months when you return. That said, they may just give you a 90 day stamp anyway, they are unpredictable at best.

For example, while the Schengen Area Agreement states that there are no extensions of the 3 month stay so the 180 days per year can't be consecutive, the Federal Police here often give the extension anyway.

So, just cross your fingers and hope for the best when you return - you might get lucky!

Hi Stuart Mac,

Gosh, reading your experience - after my painful day today at the Brasil consulate here in Buenos Aires, helps me understand that , yes, the people here making decisions are doing exactly that - making their OWN RULES and decisions.

I was questioned horribly because 2013 I was in Brazil for 4 months (90 days + the extended stay which I didn't use up). She questioned how the hell I went for 4 months holiday, and how and why I'm returning and why didn't I apply for Brasil visa when I was in Australia etc. Who cares? I can apply in any consulate in any country. She has not   granted me the visa asking for my second european passport to make my life hell. Let's see.

How did you go in the end?
I'd love to know!

I already have my ticket BA to Rio in 2 weeks, and nervous about if she'll even grant me a visa!

Cheers,
Jenny

Hi William,

Reading these posts, has got me thinking about what I may have 'violated'! Re: Tourist visa.

I travelled to Brazil in 2013 on European passport. I stayed for 90 days. I didn't know at the time, but on a greek passport, it is not extendable for further 90 days. At the Policia Federal/immigration, my brazilian bf at the time then said to the guy : Oh, but she has an Australian passport as well!
At which then, the officer said - Ok, so you leave Brazil, with your ticket to Buenos Aires, go to the Brazil Consulate there, get a tourist visa on your Australian passport, and when you enter Brazil again, show your Australian passport. And Its OK.
I then asked that - Ok, so I can re-enter with my Australian passport, and then apply for extension?

He said; YES.

I guess he didn't know or was having a good day?
I innocently went to BA, got my tourist visa on my aussie passport after the lady said that I should NOT be allowed to do this and declared that she made a note in the comments that I have 2 passports.
I went to Brazil, no problem. After the 90 days (as australian), I applied for extension. I was granted it. All good.
However, I did not 'use' up the remaining 2 months of the extension visa.

Question:
1. Is the extension period fixed? If I travel now, I guess I would need to apply for new visa?
2. I went to apply to be sure TODAY. I am meant to fly to Brazil in 2 weeks. The lady was livid and gave me a hard time, and then, after talking to her superiors, asked me if I have a second passport. I said 'yes' - the truth. She asked that I return to the consulado showing my second passport asap.
The 2nd passport will show that I was in brazil in 2013 with THAT passport too. So, i was in Brazil a total of 90 days (as european) + 60 days (as australian).   I did it because the Policia said I could!

But, it's his word against mine now..
Oh dear.
Have I violated a law?
I have a flight booked in 2 weeks. No visa yet. Getting nervous. Do I show my second passport - the greek one?
I will have to. She'll see I have been travelling with 2. But, seriously, I thought I could..

I'm going for holiday, but also do do a short workshop on natural therapies.
Should I show that I am going for a bit of study? So it does not loo suspicious? Or is that worse?

JP.

Not all Federal Police officers are quite so generous and using two passports, even though one requires a consular visa and the other is a visa waiver program entry, is viewed as immigrations fraud and can land you in very big trouble. If you have already used up 180 days in the past year, regardless of what passport you used, then you are NOT entitled to be in the country. Given that all but a few of the isolated land border crossings points of entry to Brazil are linked with computer systems that cross-reference not only passport numbers but all other identifying information about the passport holder, I'd recommend not trying to play fast and loose with the immigration laws. Deportation is the usual result and that would prevent you from returning to Brazil under any passport.

Cheers,
William James Woodward, Expat-blog Experts Team

Thank you so much William, your advice has been very helpful!

I have another complicated situation that I'm having a lot of problems to get a straight answer for. So here we go:

I came to Brazil on a tourist visa to be with my fiancee in June of this year, but I made a mistake when I went to renew my visa and I missed the deadline by 2 days. The guy at the office told me I should just cross the border to Paraguay or something and pay the fine and get it renewed. I haven't had a chance to do that yet.

I plan to marry my fiancee and stay on a VIPER visa so I can eventually get citizenship, but since I'm under 21 I have to get parental permission to marry here in Brazil (due to family issues, this is not possible). Therefore we thought we should fly to the US, get married there, fly back, and then apply for the VIPER here in Brazil.

My question is, if I leave Brazil before the 180 days, let's say after 170 days, and I pay the fine, will I be able to return with 10 days left on my tourist visa? Especially if I have the intent to get the VIPER (after getting married in US), would that make them more likely to allow me to reenter? I've read that even if you're in Brazil illegally, and you're married with an intent to apply for VIPER, it's ok.

Any help with this would be amazing because everything is so bureaucratic and I can never get a straight answer!

Thank you!

Hi Kelsey,

Well, I've heard that if you pay the overstay fine that they don't count the overstay days in the calculation of your visa stay entitlment on subsequent visits. I can't guarantee the truth of that but I don't think the member who told me this had any reason to invent that information. He said that's how they treated his next visit following a lengthy overstay.

Your situation however is a bit complicated. Since your Brazilian fianceé will need to get the proper visa in order to marry in the USA or risk being barred from re-entering the USA for anywhere from 5 to 10 years. If you enter the country with the intention to marry you cannot do so on a B1 or B2 visa. He would need a K1 visa.

Your marriage would have to be registered with the Consulado-Geral do Brasil in the USA that has jurisdiction over the city where you marry and only the Brazilian citizen can register it.

Aside from the great expenses involved in the both of you flying to the USA and back to Brazil there are all kinds of other costs. I'd recommend you speak to an immigrations lawyer and see if their is some less expensive path to resolving your problem and being able to get married and stay in Brazil.

Cheers,
William James Woodward, Expat-blog Experts Team

William,

I've done extensive research on the K1 situation and it's not a problem to come on a tourist visa if my fiance doesnt plan to stay in the US (many people have destination weddings). The only problem would be if he tried to stay after the marriage and apply for a green card which is visa fraud. In this case we would be returning to Brazil so it wouldnt be a problem.

My concern was with the Brazilian side, because I was here only 90 days legally and about 60 illegally now. They wouldn't count that as 150 of the 180?

Also, I've heard that applying for VIPER inside of Brazil can take up to 2 years, but is much faster outside of the country through thr brazilian consulate. Is this true?

And lastly, is it possible to apply for the VIPER in another country, for example Uruguay at the brazilian consulate there? Or it has to be in the US since I'm american? Because another option was to go to Uruguay during the process since we can stay there pretty much indefinitely as tourists and marry there with relative ease.

Thanks again!
Kelsey

Hi Kelsey,

The real problem is that while he may not want to remain in the USA right now, you're an American citizen and presumably have family and friends there that YOU might want to visit from time to time. If you get married on a B1/B2 visa within the 90 days it is automatically viewed as suspect and you will have to PROVE that he didn't enter the country with the intent to marry, that's going to be extremely difficult to do. If they impose the 5 or 10 year ban on entering the USA (and they love doing this as often as they can) he would not be able to accompany you on any such visits. That may become a hardship for you at some point in the future. It really is worth the extra effort to obtain the K1 visa just to avoid such situations and conflict.

William,

I appreciate your advice on this but I have already consulted several lawyers on this and there is no need for a K1 in our case.

Are you certain about the 150 days issue? And also do you know anything about applying for VIPER in another country? I have to know all the options before I make a decision

Once again, thank you!

If I had a dollar for every time a so-called immigrations lawyer gave me information that was dead wrong I'd be a very wealthy man today.Lawyers don't know everything, and when I want information that is trustworthy I go directly to the source. My information came directly from an agent of USCIS who was on vacation and staying here in my home in Brazil at the time. He assures me that since you are an American citizen your Brazilian husband WILL CERTAINLY incur a 5 to 10 year ban on re-entry if he cannot PROVE that it was not his intention to marry when he entered the country on a B1/B2 Visa. It has absolutely NOTHING to do with whether intends to immigrate there now, but rather to prevent him from doing so in the near future because entering the USA with the intention to marry on a B1/B2 is immigration fraud, the act of marrying is not a crime, but the intention to before arrival is and there is a reverse onus used by USCIS they don't need to prove anything, he has to prove it. USCIS views almost all such marriages as marriages of convenience with the sole purpose of obtaining LPR Status. Even those who marry after the first 90 days in the USA have one hell of a time proving it was not their intention to marry when they arrived. While your then husband could swear on a stack of Bibles that he wasn't going to immigrate and did in fact leave the USA there is nothing that would prevent him from applying for a green card right away. That's why they instituted the ban, too many people were doing just that.

Trust me, the future is not written in stone, what you may not think necessary today may change and become absolutely imperative tomorrow. The best advice you will ever get is even if it's more expensive and a bit more complicated go for the K1 visa because then you will NEVER run into any problems. Like they say, hindsight is 20/20, we've all done things that we've kicked ourselves over later despite the good advice of others. Do you really want to find yourself in that position somewhere down the road in a few years? It's always better to go the extra mile and not need something than it is to end up in a situation in the future where you don't have something you should have and are thus prevented from obtaining something that you can't do without.

And your lawyer who considers this as a "destination marriage" forgets that this involves two non-Americans. You as an American citizen cannot be considered as having a "destination marriage" in the USA with a foreign national.

Thanks anyways William, but dont worry, it will work out just fine the way I'm planning. I'm a clairvoyant and I've had a vision last night, and now I see the way

Keep up the good work
Kelsey

I agree with wjwoodward on this. As somebody who also researched this option (marrying my fiance in the US), you cannot get married on a tourist visa. Very bad idea. If you want to risk it, fine...but I wouldn't suggest it.

Sorry to pile on here, I am also in this situation. Working on my K-1 VISA right now. The immigration process in the United States makes about as much sense as it does in Brazil. There is a five to ten year travel ban associated with marriage on a tourism VISA. If you need or want to marry outside of Brazil I would highly suggest staying in South America due to the costs involved.

If you are intent on marrying in the United States and traveling back to Brazil then I would recommend contacting USCIS directly to see if there are any possible waivers.

Hey gang,

Got a situation I'd like some expert advice/answers on:

I have a brazilian fiancee and in September decided to move there from Holland. Getting all necessary documents ready took ages (partly my own fault) and eventhough we submitted our request for marriage at the local cartorio, I had to leave Brazil after 90 days. Don't ask me why, but on the last day I started realizing I had been in Brazil illegally as I had spent a month there as well from mid June to mid July! So 1 month + 3 months is a bit more than the 90 days per 180. Since we want to get married, I was dreading taking the plane back because I had no idea what the consequences could be. I walked up to the PF agent, handed over my passport, she scanned it and handed it back after putting the usual (nothing related to my overstay) stamp in it.

I still don't fully understand what happened, but did I just get really lucky? And does this mean I can return to Brazil in 3 months? By that time, we can get married and I can request my permanent residence. Please let me know what happened there, if I can simply return in March and if there won't be any consequences whatsoever regarding getting a permanent visa based on marriage. To be clear: no stamp relating to any overstay and they didn't take my entry/exit card either.

Much obliged,

Paul

Hi Paul,

Since there was no overstay stamp and fine then you should be ok to come back again in March. I'm not certain if you'll be allowed the full 90 days at that time, but if you're smart and schedule the marriage right away that shouldn't matter at all.

Cheers,
James        Expat-blog Experts Team

James, I have a question.

It's pretty irrelevant to me now that I have the permanent visa, but I'm just wondering. Do you know if they check how long you've stayed by looking at the stamps in your passport? Or looking in a computer system?

I know everytime I left Brazil, they could never find my stamp (my passport is completely full and it's not easy to find them), and after awhile, they just gave up and stamped my departure stamp on the last page. I don't know if they really were this careless or if they saw on a their computer the length of my stay.

It's in the computer system. Most often it's just as quick for them to look for the stamp, but if there's any doubt they will enter the information into the computer or scan the machine readable passport.

Some countries, like the USA will scan the passport every time. Every entry and exit is in their system for citizens and visitors alike. They know your entire travel history to the US.

Cheers,
James

Hi,

Slight variation on the theme here.

My wife (Brazilian national) and I got married in Brazil in July this year. I arrived in Brazil in May of this year.
I didn't renew my tourist visa 90 days after arrival, and was already married by this time. I'm just starting the process of applying for a permanent visa, and the official at the policia federal told me that I would have to pay the fine for overstaying..
Is this correct?

For some reason I assumed that once married that wouldn't apply anymore..
Out of interest, if it is the case that the fine still applies, how does this situation work?
Specifically, if it's possible to remain in the country on a tourist visa whilst married (due to right of Brazilian citizen to live with their spouse), how would one go about staying indefinitely without applying for a permanent visa?
It's a hypothetical question, I'm just curious as to how things work here.
Is it possible to get unlimited extensions to the tourist visa when married?
Or does the normal rule of extensions apply, then after that period, you just would have to overstay until you maxxed out the fine - but wouldn't risk deportation, and could re-enter the country at any time as long you paid the fine?

Thanks

Hi mark8,

Actually, they do require that you pay the overstay fine, but often overlook it.

There is, however, some legal juris prudence that actually says you don't have to pay. I'd say it's not worth the hassles to fight over it, the fine is R$8,28 per day capped at a max. of 100 days so it's no big deal.

Consider yourself lucky, since you are married and for that reason the Federal Police are OBLIGATED to accept your application for permanency. In most other cases you can't apply if in an overstay situation.

By all means apply for permanency, now under the new rules you get granted permanency immediately if all the paperwork is in order and you only need to wait for the Cédula de Identidade Estrangeiro to be made up.

Cheers,
James         Expat-blog Experts Team

Thanks for info James.

Yes, I am applying for permanency, and will most likely pay the fine (the time spent wading in bureaucracy to fight the fine wouldn't be worth it).
I was just curious as to how it all worked in case the case of not applying for permanency.. It can be tricky to get straight info (from official sources) here sometimes 
It was a pleasant surprise to find out how easy it would be to get permanency after getting married - the new rules seem to simplify things - somewhat amazingly!

Thanks again

If you're talking about the overstay if just on a VITUR Tourist Visa and you're leaving the country..... they don't even blink. You pay the fine at the time or later upon returning to Brazil and you get an overstay stamp in your passport.

As far as Brazil is concerned there are no consequences whatsoever. The consequences, and there always will be consequences so this is why I always tell people just don't overstay, will be somewhere else and at a later date. Like a year or two down the road when you get a terrific job offer in Dubai with a pay package that would make Bill Gates sit up and take notice, and you find you can't get a Work Visa because Dubai used your overstay in Brazil as an excuse to deny your visa. S**t happens!

Cheers,
James

Hi James, do you have any idea how long this nasty "black stamp" in a passport can haunt a person? That is to say, in 10 years time could it still be causing me trouble?

Well, it certainly will cause you problems elsewhere while using that current passport. Depending on the country maybe even longer since nations share information on immigrations and even a new passport and passport number may not help you there, since your name and other identifying information is also shared. Like I say, it's never advisable to overstay under any circumstances.

Cheers,
James         Expat-blog Experts Team

Thanks James.

Hi James,



First of all, thank you for your post. I've went through your post and other replies. And few questions have come up.

I have overstayed in Brazil for about 7 months and plan to depart soon. I am willing to pay the fine for the overstay and also respect the Brazil law.

However, I would like to avoid getting so-called 'Big Ugly Stamp' THIS TIME on my passport when I depart. Because I will apply for a new visa for another country soon and I don't want the 'Big Ugly Stamp' to affect the result for getting the new visa.

My questions are,

1) When does one get the 'Big Ugly Stamp' on my passport when departing from Brazil? After paying the fine?

2) Whom will give the 'Big Ugly Stamp' when departing from Brazil? At the airport custom? Federal police?

3) I have three options now. A) Visit the department of federal police and get the billing paper and pay the fine in advance of my departure date. B) Pay the fine at the airport upon departure. C) Pay the fine next time when I visit Brazil again in the future. Which option should I choose to avoid getting the 'Big Ugly Stamp'?

4) Will everyone get the 'Big Ugly Stamp' or are there some exceptions? I read some replies that they didn't get it on their stamp.

I am really confused now and worried about it. I would appreciate it if you could suggest me a wise advice.

Obrigado!



With Best Wishes,
Jack

Hello Jack,

1. You get the overstay stamp placed in your passport upon departure from Brazil (at the airport). You have the option of paying the fine then or upon your return to Brazil and I would recommend paying upon departure, so allow extra time before catching your flight.

2.  The Policia Federal agent at the airport will be the one who places the overstay stamp in your passport. He/she will also be the one to print off a bill GRU (Guia de Receita da União) which you pay at the Banco do Brasil agency at the airport.

3.  You cannot pay in advance of departure so going to the Federal Police beforehand will do no good. You can only pay at the airport on departure or return, see recommendation above.

4.  Everybody who intentionally overstays gets the stamp, the longer the overstay the more certain this will be. I've heard from a couple of members whose overstays have been a matter of only a few days and were due to miscalculations by either themselves or the DPF, or due to flight delays/cancellations who have avoided the overstay stamp, but they are exceediingly rare. I certainly wouldn't count on not getting one if I were you. You can beg and plead, but in your case I think the officer is simply going to ignore your plea and stamp the passport anyway.

I don't know how South Korea is for issuing new passports, but depending on the age of your current passport you could apply for another upon returning home if it's due to expire soon. If not you'd have to report it lost and that may cause problems. There is also no guarantee that the Federal Police won't enter the information into the computer system or that this information isn't automatically shared with the immigrations authorities of other nations, this is common practice for immigrations authorities. You'll just have to hope that with a new passport you might still stand a chance of getting another visa.

Cheers,
James           Expat-blog Experts Team

Thank you for your recommendation James. I appreciate it.

Hi James,

Thank you for your post and being willing to help people with these questions. It's so hard to get answers about some of these things!!

My question is what does a "rolling" year mean? I entered Brazil for the first time last year on a tourist visa (USA) on February 13, 2014 and stayed 3 weeks until March 5th. Then I came back from May 28th and stayed another 5 months. I got the additional 90-extension from the federal police. I was given until October 16th to leave. I left on October 14th.

When am I allowed to go back..? Please don't tell me I have to wait 180 days from October 14th.................

Thanks!
Miranda

Hello Miranda,

Sorry to say that since you used up you 180 days for the year, unfortunately you wait 180 days just to get back to ZERO.

One you leave Brazil it takes 180 days just to get back to ZERO and only then do you start to build days you are entitled to be in Brazil. 270 days after your departure date you would be entitled to a 90 day stay that could not be extended. One year after your departure then you'd be entitled to the 90 day initial stay, which you can extend by a further 90.

Between 180 days and 270 you would be allowed to come into Brazil, BUT for only the same number of days that exceed 180 days since your departure.

Between 270 and one year, you would be allowed the inital 90 day stay, BUT you'd only be able to apply for an extension equal to the number of days that exceeded 270 since your departure (at the time you arrived on the current visit).

You don't have to wait until October though. Since your two visits were separated by about 80 days that is going to make a difference. The days from your first stay will drop off the count sooner so you should be entitled to a full 180 days again sometime around July 27, 2015.

Cheers,
James        Expat-blog Experts Team

Hey James,

I have a question in regards to this topic as I facing the situation where I am more than likely going to overstay my tourist visa.

I am currently in the USA and have head back to Brazil in a week from now. I have 10 days remaining on my 180/days per year on my Tourist Visa. I'm in process of receiving a permanent visa (Investor Visa) and it should be completed in the next month.  If it were possible I would stay in the USA to wait for the permanent visa to go through, I would, but currently its not an option (business situations)

If I overstay my 180 day limit will I have any problems receiving my permanent visa? I know that I will have to pay my fine, but is there anything else I should be concerned about?

Thanks,
Kyle

Hi Kyle,

No problems of any kind with the issuance of the VIPER Permanent Visa for Investment since it's a different category visa altogether. I presume you applied for the VIPER in the USA so you are aware that you'll have to return to the Consulado-Geral do Brasil that will be issuing the visa, so they can put it into your passport, right?

If you have no plans to apply for a visa in any other country during the lifetime of the passport you hold, then you won't have any issues elsewhere either. However, if you do have such plans you should be aware that many countries do not take overstays with the same relaxed attitude as Brazil and they could possibly use the Brazilian overstay as an excuse to refuse granting a visa to their country.

Cheers,
James

James,

thanks for the quick response. Another question in regards to the "visiting other countries".  My passport will expire in the coming year and I'll have to receive a new one.  Will having another one "hide" my overstay or will the overstay be tracked using a database of some sort?

-Kyle

It will be entered into the Brazilian database, so know here for payment reasons. It depends on whether or not that information is shared with any other countries to determine if it would have any external effects that might outlast your present passport. (Some countries do share immigration information by mutual agreements) A new passport would likely reduce that possibility if the Brazilian government doesn't record any biometric data (such as a fingerprint) along with the overstay and fine information.

Hi James,

Slightly different question. I have a Visa (in my passport) which I have not overstayed and do not intend to overstay. I entered Brazil through the border at Iguazu on a local collectivo bus. We were advised the bus would stop at both borders. Unfortunately while we got Argentinian exit stamps, the bus zoomed straight through the Brazilian border before we even realised what had happened! From what I understand, this is actually annoyingly common.

I have a flight out of Brazil tomorrow having been here for less than a month. My embassy was pretty unhelpful and just said to talk to the Federal Police before flying. What do you think my best option is?

Thanks

Go talk to the Federal Police. Wear pants. Be prepared for a nice long wait.
Or go to the airport nice and early and explain the situation there when you go to get your passport stamped.