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An American marrying a Brazilian woman

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Octopus
2/21/2011 08:07 EST

I have been dating a Brazilian woman for 8 or 9 years here in São Paulo. We have decided to get married.

We are both divorced and went to the cartório and they said OK, but it might be easier to marry at the U.S. Consulate in São Paulo.

I have been to their website to get information, but I just am not seeing anything of use.

We, at least for the time being intend to stay in São Paulo, but may move to the U.S. in the future.

Can someone point me in the right direction to get a civil marriage (as simply as possible) that will be legal? The Brazilian civil Marriage seems complicated as "all getout" (like any paperwork here).

Thank you for any suggestions.

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movingsoon
2/21/2011 15:07 EST

I sincerely don't know the answer to your question, but I did want to add a piece of advice.

As soon as you get married, translate your marriage license and register it in the other country (usually at the consulate) Marriages in one country are recongnized by the other, but you want to get it actually registered to save you time and money for any future documents.

Good luck!!

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Octopus
2/21/2011 16:49 EST

Thanks for the heads up. I will have to look into that.

Do you know if I can even get married at the U.S. Consulate? I wish the web pages had more information.

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Octopus
2/21/2011 16:54 EST

I should add in fact, that I have a RNE number and I have permanent residency status.

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aneill42
2/22/2011 05:43 EST

Hi there!
I was married at a Cartorio near here and without leaving the country, as some say you have to do,
I had all documents officially translated and so on and paid some money to a "fixer" and it was done.
That was six and a half years ago!
I am A Canadian with a permanent visa but only had a tourist visa at the time.

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Octopus
2/24/2011 15:03 EST

Well, since I hav a permanent residency here in Brasil, I should have npo problem. I am just wondering if anyone has been married to a Brasilian at a US Consulate (if that is even possible) and what steps that entails, as I just want it done and as simple as possible.

We have a photo history of our families many years old and acquaintances to verify anything (again, if that even matters).

Then a church marriage in whatever country we decide when ever we decide.

I can't see anything on the U.S.A. consulate site at all about this, so if anyone has a link, it will be greatly appreciated.

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gustavoe
2/24/2011 15:11 EST

I found this on the US embassy web site:

http://www.embaixada-americana.org.br/index.php?index.php&action=materia&id=1102&itemmenu=58&submenu=8

The marriage process in Brazil can be complicated and time consuming. All individuals, regardless of nationality, who desire to be married in Brazil must comply with Brazilian law. There are no provisions for American Diplomatic or Consular Officers to perform marriages in Brazil. In addition, marriages may not be performed at the U.S. Embassy or Consulates.

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Octopus
2/24/2011 15:41 EST

Ahh, now that tells me what I need to know. No options at the consulate, so you are telling me that the cartório is the only way.

I thank you and will proceed with the previous route.

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aneill42
2/24/2011 18:12 EST

Hi there!
I think the above is absolutely correct. I think you have to get married at a Brazilian Cartorio and then register the marriage at the US Consulate.
Since you already have a permanent visa it should be less difficult. When I was married here, I only had a tourist visa, but it was still OK.

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kimbo47
2/28/2011 00:04 EST

If you are an american and plan to come live here in the future why don't you make it easy on yourself and take a trip to the US and get married! This way you can start the process of obtaining your wife's residency in the US as soon as you marry.

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WndrLys
3/15/2011 14:51 EST

I agree! I am American, and my fiance/husband is Brazilian. We did the civil part in front of a Judge in the US, recorded the marriage at the Brazilian Consulate, and our religious wedding will be in Rio later this year.

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NewCarioca
5/11/2011 11:00 EST

It is easier for you to file a Stable Union contract at a local registry or so called "Cartorio". You can then apply for residency of a permanent visa with that.

The Residency is based on Stable Union or União estável that can be obtained if you are a hetro-sexual or same-sex couple. Stable Union in Brazil basically means that you declare you are living in a ‘Stable Relationship’ and you wish to continue doing so.

Stable Union is a civil contract the couple registers at the local registry. There are sample contracts you can download for free or you can also hire a lawyer to write a detail contract stating specific conditions on how to deal with distribution of property, child custody and so on.. .

The contract is specially helpful to new comers because protects you in case yo need to terminate the relationship. In this case you would not need a divorce. In the Civil Union contract you can have a termination clause stating the appropriate terms. It also may have a clause discussing property distribution, child custody, alimony and such. The contract is valid and equal to marriage in most terms including immigration benefits, retirement pensions, health care and so on...

The premise of stable union is a relationships with the purpose to create family (not procreation) such relationships are base on emotional bonds that follow some simple rules.

The legal test for the contract is based some simple questions:

Is the relationship PUBLIC ? (do you live as a couple)
Is the relationship CONTINUOUS ? (how long have you lived under the same roof)
Is the relationship LASTING ? (is this a permanent relationship)

The second step is to submit the application for residency at the Federal Police office in the city you are living at.

The Federal Police will provide you with a list of the required documents you will need to file the application with. I will gladly help you with details on how to acquire each one of them. Some documents need to be requested before you leave your country of residency like a FBI criminal background check for US citizens.

Good Luck!

Ricardo

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glenn8576
8/24/2011 10:29 EST

I did this almost 10 years ago. Easiest way is for you to get a K1 Fiance Visa and marry in the states. If you get married in Brasil, she will have to wait for a Green Card. If you get married in the states on her visitor visa she will be sent home to wait for a green card. If she comes to the states on a K1 you must marry within 90 days. She CAN leave the states after her status is changed from K1 to Married, but only on a parole visa prior to issuing the GReen Card. If no need to return to BRasil immediately after the wedding then be prepared to wait almost 1 year+ for the green card.

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glenn8576
8/24/2011 10:33 EST

We're talking about the states and not Canada.

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papazcol
9/6/2011 11:49 EST

Hello,

This response may be a little late but here it goes;

When you apply for a Brazilian Residence outside Brazil, the process can be much shorter than in Brazil.

I live in NYC, married to a Brazilian woman and in the way to process my permanent visa or VIPER through family reunion.

To be short, the whole ptocess here in NY may take five months. The consulate asks you to legalize and register your marriage in that consulate, after that you submit forms, applications, passports, etc and a Police Clearance which in New York takes two months to be ready because the consulate asks specifically for a FBI criminal background. Depending your local consulate you may be required to submit a State or Local police clearance that usually takes a couple of weeks to process.

If you are married for more than five years, the consulate process your wife permanent visa in a week or so. If you are married for less than five years, the consulate collects that plus fees, the consulate submits the application to the Ministry of Int. Relations in Brasilia. if everything goes ok, Brasilia approves the consulate 's application in two months, and then your wife can apply for a Permanent Visa with an additional week.

In my personal case, the FBI clearance got lost in the mail so I just waisted two months of my process, so if you know how to apply within Brazil I'd appreciate your advice.

Thanks

Guacamole

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