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Russell
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Quote Russell Replybullet Posted: 19 August 2006 at 08:45
Originally posted by billrio

"Separação de bens" is another problem. I have a freind, who happens to be from Norway, who went this route a few months back. He had been "living" with this woman for years, 6 months here and 6 months in Norway, and decided to get married to obtain permanent status with "cem percent seperação de bens". The cartorio (registro civil) wouldn't do it- they had to go to another cartorio first to file an addvidavit that she understood the consequences of this action.
When I filed the prenup this had to be done at another cartorio, as the cartorio for marriages weren't dealing with this. Whether that was the same issue...
 
As is often mentioned here cartorios seem to work at the whim of the manager.
Originally posted by billrio

Than back to the original to re-file, etc. Also, remember that you, as a gringo, will have very few "rights" in a divorce against a brasilian, regardless. Not to mention that if you stay here for 12 months on a tourism visa or card you are already "illegal" and it can be readily proven that you are married under false pretences, if it should come to that.
Marrying on an expired visa isn't marrying under "false pretences". It's been discussed here before that a marriage might be viewed as illegal, but then I've yet to see a lawyer say (and point to some legal code) that there's a link between visa legality and civil marriage status.
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Denise
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Quote Denise Replybullet Posted: 19 August 2006 at 10:25

Originally posted by tamashin

  I am used to people wanting (welcoming and paying for) correction from a native speaker. It was in this spirit that the comment was made.

I'd appreciate... but I won't pay you for this! 

 

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Russell
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Quote Russell Replybullet Posted: 19 August 2006 at 10:26
[QUOTE=Denise]I'd appreciate... but I won't pay you for this!  [/QUOTE]
 
Note, that's "I'd appreciate it"
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Quote Denise Replybullet Posted: 19 August 2006 at 10:31

Ah, thanks Russ!

It's a pity we can't omit subjects or objects in English...

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Quote Russell Replybullet Posted: 19 August 2006 at 10:32
Just one of those language quirks, that Portuguese also has plenty of
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GigiRJ
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Quote GigiRJ Replybullet Posted: 20 August 2006 at 00:57

Hey BillRio, hi there !

I'm sure about this de facto stuff as a friend of mine whose partner is sweedish is now living with him in Brasil under this "reunião familiar" visa. They aren't married at all !!!

Take a look:

Reuniões familiares 

O governo brasileiro pode conceder vistos de residência temporária ou permanente a fim de permitir que a família seja reunida. Isso pode incluir o caso de uma família estrangeira onde parentes dependentes procuram mudar-se para o Brasil algum tempo depois que o chefe da família recebeu um visto de residência temporária ou permanente.

As seguintes categorias de estrangeiros são normalmente consideradas, supondo, que estes são dependentes de um cidadão brasileiro ou de um cidadão estrangeiro portador do visto de residência temporária ou permanente:

  • Filhos(as) solteiros(as) com menos de 24 anos;
  • Pais e avós do cidadão brasileiro;
  • Irmãos, irmãs ou netos, se órfãos, solteiros com menos de 18 anos;
  • Cônjuge de um cidadão brasileiro ou de um estrangeiro residente com visto temporário ou permanente.
  • Companheiro ou Companheira de um estrangeiro residente com visto temporário ou permanente ou de um cidadão brasileiro.

A solicitação da reunião familiar para companheiro (a) deverá ser feita ao Conselho Nacional de Imigração e o pedido deverá ser instruído com pelo menos uma das provas abaixo relacionadas, a saber:

  • Atestado de concubinato emitido pelo órgão governamental do País do interessado, legalizado pela repartição consular brasileira competente;
  • Comprovação de dependência emitida por Juiz de Vara de Família ou de autoridade correspondente no país do estrangeiro, legalizada pela Repartição Consular Brasileira competente;
  • Comprovação de dependência emitida pela autoridade fiscal ou órgão correspondente à Secretaria da Receita Federal, legalizada pela Repartição Consular Brasileira competente;
  • Comprovação de convivência há mais de cinco anos emitida por autoridade habilitada no país estrangeiro, legalizada pela Repartição Consular Brasileira competente;
  • Comprovação de filho comum mediante a apresentação da respectiva certidão de nascimento, legalizada pela Repartição Consular Brasileira competente
  • Taken  from http://www.atene.com.br/obtendo.asp?show=all

    They had been living together here for less than 2 years... If I'm not wrong she said she was his financial supporter here in Brasil, it was a pain to get the visa but they've been here for 4 years now :)

    Sorry to have all the info in Portguese, couldn't get it in English :(

     

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    Denise
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    Quote Denise Replybullet Posted: 20 August 2006 at 12:55

    Originally posted by GigiRJ

       a friend of mine whose partner is sweedish is now living with him in Brasil under this "reunião familiar" visa. They aren't married at all !!! 

    Depends on the point of view...  they have legal obligations as any married couple should they split up (pension, child support, etc)...

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    GigiRJ
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    Quote GigiRJ Replybullet Posted: 20 August 2006 at 18:02

    Denise what I meant beforehand is that you gotta prove you have married couple-like life. According to the law they are not married and even so her partner got a perm visa. It was hell proving all the stuff, but I just said so to show there's no need to get married as long as the guy above shows he's in a de facto relationship. I wasn't getting into the divorce process, lol, not yet  

    But as you said, they have the same duties before the law like a married couple. However, some lawyers say it can be a bit tricky and time-consuming to get allimony, sharing of estates as it takes normally longer to prove things to the judge - if you are married, it's a bit faster according to them. Dunno, I've never been through this situation, still young and single

    Cheers

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    Denise
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    Quote Denise Replybullet Posted: 20 August 2006 at 18:12
    Just to let the guys know that it's not like breaking up with gf...
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    billrio
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    Quote billrio Replybullet Posted: 20 August 2006 at 23:19
    My response was based on "Jools" letter. My point being that coming here, marrying a Brasilian woman for 2 years and then getting a divorce will be very difficult. Russ- perhaps "false pretences" were kind of strong words. But, if you are "living" as married (house, car, joint accounts, etc., then tell your brasilian wife "tchau" and get your ass dragged into court, who do you think is gonna win? The brasilian or the gringo? And your "elegibility" for even being in the country in the first place (expired visa) can definately come into play! And GigiRJ- I'm familier with the law you wrote above- nowhere does it state that after 12 months of living together you are eligible for residency. I think it's better for "Jools" to just stay in the country for 2 years, stay single, enjoy the life here, and when he is ready to leave- go! Pay the overstayed visa fine or not.
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