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Married after visa expiration

Printed From: Gringoes.com
Category: Brazil
Forum Name: Getting Married
Forum Description: Ins and Outs of Marrying a Brazilian
URL: http://www.gringoes.com/forum/forum_posts.asp?TID=8910
Printed Date: 20 October 2014 at 06:38
Software Version: Web Wiz Forums 10.15 - http://www.webwizforums.com


Topic: Married after visa expiration
Posted By: jonfinlay
Subject: Married after visa expiration
Date Posted: 12 December 2009 at 14:03
Hi, Last week I married my Brazilian girlfriend.  However after visiting the Federal Police I realised that I married one day after my visa expired.  Luckily the PF didnīt notice, however I canīt get my visa until I submit the criminal record check from England (the PF told me to stay illegal and pay the fine when it appears).

I canīt help worrying that when we go to collect my visa the PF will notice that the wedding was made when I was illegal, and therefore the wedding is invalid.  Can anybody tell me the facts about this?  I know the wedding must be made while the foreigner is legal, but what happens if it was not?

Also, out of curiousity, what would happen if I had a criminal record?  Would it affect my visa application?

Thanks a lot for your help!



Replies:
Posted By: nikkij12185
Date Posted: 12 December 2009 at 18:32
Originally posted by jonfinlay jonfinlay wrote:

I know the wedding must be made while the foreigner is legal


In that case a lot of marriages wouldn't be valid, including mine.  As long as you have a valid wedding certificate signed by the judge, your marriage is good til death do you part.  They usually only check for a valid visa when you begin the process, if that.

You will be required to pay an overstay fine before you can apply for your visa.  Other than that it is no big deal.

I suppose a criminal record would pose a problem and possibly cause your visa application to be denied, especially if it showed more serious offenses.  The only thing mine showed was that I went to court for a driving offense which was immediately dismissed and didn't affect my application at all.



Posted By: delco
Date Posted: 13 December 2009 at 13:49
You don't actually go to the PF to get a visa, you go to apply for a permament visa.  You will be given a protocolo which acts as a temporary visa until your permanent visa is approved, which normally takes about a year.


Posted By: tealy
Date Posted: 17 February 2010 at 11:09
My apologies for digging up an old thread, but I have a couple of questions about this subject.

I'm an aussie on a tourist visa in brazil at the moment, looking to marry a brazilian woman 6-12 months from now. I understand that I can only extend my tourist visa for an additional 3 months to a max of 180 days for the year. I was wondering if I could just extend the visa for the additional 3 months, and get married after that expires. Would that then cause problems getting married, or when getting the marriage certified? We are both open to the possibilities of staying in brazil for a few years or living in Australia.

Any advice would be greatly appreciated!


Posted By: Bahiana77
Date Posted: 17 February 2010 at 11:50
You might have a problem actually getting married on an overstayed entrada/entry (Note: This is not your visa, the 90, 90; it's an entry. The visa itself  is probably good for 5 years, multiple entry.). The cartorio might not accept your paperwork.


Posted By: jasonfromjersey
Date Posted: 22 February 2010 at 12:27
tealy,
I've been 'overstaying' for an additional 6 months (1 year now), and according to our lawyer who's helping us with the marriage process, this will not be an issue. (its just gonna cost a bit more). sounds shady and i'm sure it is.
hope this helps.
good luck.


Posted By: Redino Sullivan
Date Posted: 25 March 2010 at 00:25
...is everything going to work out smoothly for this last poster? And, if so, why?
Thank you.


Posted By: DUNGA
Date Posted: 25 March 2010 at 00:34
Originally posted by Redino Sullivan Redino Sullivan wrote:

...is everything going to work out smoothly for this last poster? And, if so, why?
It is already not working out smoothly if he is overstaying and using a lawyer.




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http://www.youtube.com/watch?v=u8hLc_nqx8g - Tales of Brave Ulysses


Posted By: tealy
Date Posted: 25 March 2010 at 00:49
I have recently heard that is it quite common for foreigners to overstay their visas and to still get married legitimately.


Posted By: Redino Sullivan
Date Posted: 25 March 2010 at 01:00
Please tell me more - particularly if criteria like employment potential, bank statements etc might affect success... And what kind of fines apply for overstaying? (Also, are fines the only penalty, or does one risk one's whole status: for example, if one has overstayed is re-entry going to be a problem?).



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