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How to make our USA marriage legal in Brazil

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  • #132601

    Hello,
    We are planning to be married in the USA. I’ve read about sending our marriage certificate to the brazilian consulate to make the document valid in brasil. But is that the end of it?
    In other words, what is the procedure to make our marriage legal in Brasil after being married in the USA?

  • #132605

    micko
    Member
  • #132607

    I realize where the consulate website is. My question is, after I have sent the marriage certificate to the consulate, what needs to take place to legal the marriage in Brazil?
    Again, what is the procedure to make a USA marriage legal in Brazil?

  • #132611

    micko
    Member

    “A certidão de casamento expedida pelo Consulado deverá ser posteriormente transcrita no Cartório do Primeiro Ofício do Registro Civil do local de resid√™ncia da parte brasileira, ou na falta de resid√™ncia ou domicílio no Brasil, no Cartório do Primeiro Ofício do Registro Civil do Distrito Federal.”

  • #132615

    sven van ‘t Veer
    Participant

    [QUOTE=DUNGA]“A certidão de casamento expedida pelo Consulado deverá ser posteriormente transcrita no Cartório do Primeiro Ofício do Registro Civil do local de resid√™ncia da parte brasileira, ou na falta de resid√™ncia ou domicílio no Brasil, no Cartório do Primeiro Ofício do Registro Civil do Distrito Federal.”[/QUOTE]
    That’s what causes soo many hiccups during divorse. Without this part, there is no legal mariage in Brazil.

  • #132625

    Pardon my ignorance, but I don’t read/speak Portuguese. any help would be greatly appreciated.

  • #132626

    NADO
    Member

    Robertinbrazil2012-02-21 16:26:15

  • #132628

    NADO
    Member

    Robertinbrazil2012-02-21 16:26:02

  • #132630

    It is not for me to get residency, it is only for legal purposes or to simply have the marriage valid in Brazil. I understand this will be needed in order for her to get her Brazilian Passport changed, and perhaps her bank accounts, etc in Brazil.

  • #132631

    sven van ‘t Veer
    Participant

    True, if she get’s your name. But then you must have it registered here in Brazil in the cartorio robert mentioned.

  • #132634

    Well, I did find a consulate in USA that has the information in Portuguese. This is the translated text, should any other gringoes wish to read about this.
    Bottom line is, what a pain in the A$$. Talk about being much more involved that has been suggested thus far in this thread…..
    The marriage celebrated abroad as one of the parties is the Braziliannational must be registered in the Consulate to make public faith, ie,be valid in Brazil.
    The Consulate can make the registration of marriage in the case offirst marriage of a Brazilian citizen or by submitting the approval ofthe divorce in Brazil. In the case of second marriage to a foreigndivorce, it should be approved in Brazil by the Supreme Court, to theConsulate to register its new marriage.
    Even in cases where both the betrothed are Brazilians, the system ofproperty in marriages performed abroad is governed by the laws of thevenue of the wedding.
    According to local law, the marriages performed in our area ofjurisdiction are governed by Partial Property, unless there isprenuptial agreement.
    The property regime adopted in the marriage is unalterable by theconsular post. The amendment is permitted through the judicial processin Brazil.
    Procedures
    The marriage license requires the presence of the declarant(citizen (√£) Brazilian (a)) to the Consulate for the signature of theterm, upon delivery of the certificate, which documents should besubmitted to the conference. A single copy of documentation may be sentin advance by post (see instructions below).
    * Documentation required
    * registration form of marriage duly completedand signed by (a) the declarant must necessarily be a Braziliannational,
    * original and copy of the foreign marriage certificate(certified copy) to be registered;
    * original and copy of documentreceipt marital status (s) betrothed (s) Brazilian (s), which can beeither:
    1. birth certificate issued in the last 6 months;
    2. certificate of registration of marriage to divorce (in case of divorceis not conducted in Brazil, it is necessary the approval by Brazil’sFederal Supreme Court);
    3. death certificate of former spouse;
    * original and copy of identity document of Brazil, with photo (identity card, passport);
    * if one spouse does not have the Brazilian nationality, original andcopy of birth certificate of the foreign spouse, which should includethe names of parents;
    * original and copy of identity document of the foreign spouse, with a photograph (passport, driver’s license);
    * if the foreign spouse was previously married to actor (a) original orcertified copy, in Archives in Brazil, the approval of the divorce bythe Supreme Court or original and copy of death certificate of formerspouse;
    * # If the foreign spouse was previously married to a foreigner (a)original and copy of the foreign decree of divorce and anotherstatement, with signature authenticated by Notary Public, I have neverbeen married (a) citizen previously (√£ ) Brazilian (a);
    * if the foreign spouse has never been married before, he (a) shall make only one statement to that effect, with signature
    * where the marriage took place in the jurisdiction of another BrazilianConsulate in the United States of America, original and copy of theforeign marriage certificate to be registered;
    * where the marriage took place in another country, original and copy ofthe foreign marriage certificate, legalized by the first BrazilianConsular Office with jurisdiction over the venue of the wedding.Certificates issued in languages other than Portuguese, English, Frenchor Castilian should be accompanied by translation, also certified bythe Brazilian Consular Office of the wedding site. Must be submittedand a copy of the original document proof of property regime adopted inthe venue of the wedding.
    The consular fee is $ 20.00.
    Note: Duplicate of marriage certificates may be issued upon payment of consular fees in the amount of $ 5.00.
    Accepts payment in kind, the exact value (for attendance in person), orby money order, cashier’s check, or certified check “in favor of”Consulate General of Brazil. Personal checks or business are notaccepted.
    The Consulate reserves the right to request additional information or documentation.
    Average waiting time for delivery: fifteen days after receipt of documentation.
    Prior notification by post (only “United States Postal Service”):
    * Brazilians living in the jurisdiction of the Consulate will send thefirst form, copy of the documentation requested and the consular fee.After confirmation of the arrival of the documentation to theconsulate, wait the 15 days processing for only then send an email tothe industry, asking the date the declarant must appear in person forthe signature of the term.
    * Use a courier service that proves the arrival of the documentation to your destination (with a tracking number).
    * Shipping Address: Consulate General of Brazil 8484 Wilshire Blvd.,Suite 711/730 Beverly Hills, CA 90211 Attention: Legal Sector – Marriage
    * Please note that the Consulate is not responsible for delay or loss of documents sent by post.
    The marriage certificate issued by the Consulate will then betranscribed in the Clerk’s Office of the First Civil Registry of theplace of residence of the Brazilian, or if no residence or domicile inBrazil, First Clerk of the Civil Registry Office of the FederalDistrict.

  • #132635

    sven van ‘t Veer
    Participant

    The marriage celebrated abroad as one of the parties is the Braziliannational must be registered in the Consulate to make public faith, ie,be valid in Brazil.
    True
    In the case of second marriage to a foreigndivorce, it should be approved in Brazil by the Supreme Court, to theConsulate to register its new marriage.
    Cute isn’t it Confused
    Even in cases where both the betrothed are Brazilians, the system ofproperty in marriages performed abroad is governed by the laws of thevenue of the wedding.
    That’s kind of obvious.
    According to local law, the marriages performed in our area ofjurisdiction are governed by Partial Property, unless there isprenuptial agreement.
    As would be the case under Brazilian law
    1. birth certificate issued in the last 6 months;
    Does it lose validityConfused

  • #132636

    [QUOTE=sven]
    1. birth certificate issued in the last 6 months;
    Does it lose validityConfused
    [/QUOTE]
    That’s what I would like to know. Who, besides someone just born, has a Birth certificate less than 6 months old? So that means, she has to FIRST apply to get a new birth certificate before this process can even start. God knows how much paper work that is going to take.

  • #132637

    sven van ‘t Veer
    Participant

    [QUOTE=jakked][QUOTE=sven]
    1. birth certificate issued in the last 6 months;
    Does it lose validityConfused
    [/QUOTE]
    That’s what I would like to know. Who, besides someone just born, has a Birth certificate less than 6 months old? So that means, she has to FIRST apply to get a new birth certificate before this process can even start. God knows how much paper work that is going to take.
    [/QUOTE]
    In most cases it would require her to go to her city of birth and as the cartório for a “segunda via”. Sometimes, after receipt of payment they send them by mail too.
    The funniest thing of all is that, after someone has obtained their Id card, the birth cert becomes quite useless.
    Actually, looking at the info of the consulate in London, it seems that this is to prove that she’s not married.

  • #132639

    How could a birth certificate prove that she is not married? Man, this is just crazy… Ever feel like you are untangling fishing line after the cat played with it? It just get’s worse and worse.

  • #132641

    sven van ‘t Veer
    Participant

    If i’m not mistaken, the marriage should be written on the birth cert also and not only on the marriage cert.
    Coming from a country in which the resistance during the war had to destroy civil records because of their completenes, I understand your frustration
    go with the flow

  • #132643

    lmaonade5
    Member

    [QUOTE=jakked] Ever feel like you are untangling fishing line after the cat played with it? It just get’s worse and worse.
    [/QUOTE] This is very typical of anytime one has to deal with Brazilian beaurocracy, as many onthis forum can attest. Count yourself lucky, then, that you will not be living here.

  • #136804

    martaboer
    Member

    Well, Brazil is complex I agree. But bureaucracy is bad in the U.S. as well in any other country I would think.

  • #136805

    martaboer
    Member

    Hello, I don’t know if you got your answers or help to your question. From my own experience, it will be best if you get married in Brazil if you have a chance to go there. Why? Is cheaper and much easier. Unless the system changed, if you try to go to a cartorio in Brazil with your marriage license translated and registered through a Brazilian Embassy, which is sufficient proof of your marriage in Brazil. But I understand the feeling of wanting to do it at the cartorio. Anyway, bringing that paper to a cartorio, they will charge a lot more money than if you just get married there. If you get someone nice enough to explain it to you at the cartorio.

  • #136823

    Crybeaddy
    Member

    I don’t see the fuzz. I was married in the Netherlands. Whisle my wife had a permit to stay (which required the birth certificate etc etc) we did not need further documents to get married, and to get the marriage legalized for Brazil the marriage certificate could have been sufficient for the consulate. Apart from one quirk: as she was divorced from a Brazilian (before a certain date) she needed a document from a judge (called I think homologacao). Luckely we had someone (a lawyer) to get that for us, and the ex-husband cooperated. My opinion is that marriage in Brazil is _not_ easier, the cartorio’s are asking for the sworn translation of all papers, they even are many times unclear of what papers they expect etc. etc. AFAIR. a (civil) marriage in the Netherland can be for free, if it is before 09:00 🙂 Anyway, don’t know about the US, but I had no problems whatsoever.

  • #136838

    martaboer
    Member

    I had no problems getting married in the U.S., nor registering my marriage in Brazil. I was saying how complicated it can be for some people to get things done in Brazil, specially if they see you’re an outsider. And that goes for Brazilians that are away from Brazil for a long period of time. I live in the U.S. for over 20 years, I have dual citizenship. Every time I go to Brazil and need something done in the legal department it will be a drama. But I have to say this, my husband and I didn’t have any problems with the Federal Police when we started his legalization in Brazil. It is still in process, but overall the treatment and the help was really pleasant!

  • #138868

    threepin
    Member

    There is no way it is easier to get married in Brazil. Impossible! The bureaucracy, the paperwork, the nonsense! No way. My wife and I did a civil ceremony in the States (Los Angeles) which was about as hassle-free as anyone could ask (paid the money, sahowed her passport, etc), then took all the previously mentioned documents to the Brazilian Consulate and all was handled in a week or so. They ask for a lot of paperwork but it’s mostly things that you should already have handy (the Brazilian docs might be more difficult). It’s really pretty simple.
    Then I think once in Brasil (if you are in fact moving), then you register the marriage at a cartorio but Im not sure this is required becuase the document the Consulate gives you, in theory, inlcudes the fact that the marriage has been registered in Brasil.
    Not getting my Brazilian permamant visa after our marriage? A much bigger, time-consuming, costly pain in the ass. But you DO NOT need to hire lawyers for any of this unless you are under some kind of time-contrainty and need it rushed. But the process and paperwork can all by done by anyone – just bring a little patience!
    kevin

  • #15568

    tanyanync
    Member
  • #263736

    Hi Guys!
    I work in Federal Police in Brazil and I understand these problems you’re talking about.
    The way to get your marriage legal in Brazil is:
    Passing your marriage certificate by the Brazilian Consulating, and they will put a stamp on it. After that you’ll come to Brazil and ask for a TRADUTOR PUBLICO JURAMENTADO (its important to be a “juramentado” translator, not an ordinary one) then you’ll ask the cartorio people to transcribe it. In this moment you’ll show both documents: the marriage certificate with the Consultae stamp and the translation, so they will give you a Brazilian mariage certificate.
    That’s all!
    PS #1: If the cartorio people ask too much documents, try going in another one. In the city I work, cartorio people ask many documents, so the foreigners go to a city neirby where they ask fewer docs.
    PS #2: If you intend to get a permanent visa in Brasil, the simple fact that you now have a brazilian certificate, does not automatically give you the visa. You have to go to Federal Police and ask for it (during the 90 days without fines).
    I, working with this advise to try the permanent visa in the cosulate. Believe me, it’s way easier!
    Hope that helps.
    Wink

  • #263748

    sven van ‘t Veer
    Participant

    “The cart√ɬ≥rio people”
    Wouldn’t that be a specific Cartorio? Like 1a circunscricao do Registro civil????

  • #263749

    Precisely, Mr. Oscar.
    Cartorio de Registro Civil, the same place you would get married if you did here in Brazil.

  • #263752

    sven van ‘t Veer
    Participant

    [QUOTE=MariliaBraga]Precisely, Mr. Oscar. [/QUOTE]

    This explains why I have to move a mandado de segurança to have my name spelled right on my naturalisation certificate.
    [QUOTE=MariliaBraga]
    Cartorio de Registro Civil, the same place you would get married if you did here in Brazil.
    [/QUOTE]
    No, not the same place you would get married. It must be done in the 1st Of√ɬ≠cio. Can’t be done in the 2nd or 3rd or Nth.
  • #264338

    inciongxbj
    Member

    I have a similar question on this topic. I live in Chicago and my fiance lives in Sao Paulo.

    Since neither of us can take extended time and stay in one place or the other in order to register the marriage and begin the visa process due to work and school respectively, we planned on marrying in Las Vegas through a company that specializes in marrying Brazilians and having them register our marriage in Brazil.

    They use the LA consulate to register the marriages. Since I’m from Chicago will this be problematic?
    I asked the service and they recommended getting a lawyer.
    Any help/insight/recommendations would be greatly appreciated.
  • #264344

    sven van ‘t Veer
    Participant

    Registering the marriage at the consulate is not enough. It must be registered in Brazil.

  • #264348

    inciongxbj
    Member

    Hi Sven,

    We thought that if it was registered at the consulate, then she could register the marriage there by herself and I could begin the visa process here by myself. Is that completely wrong?
    And does the Chicago consulate have to be used or can the LA consulate be used to register the marriage?
    Thanks for your help.
  • #263731

    Max
    Member

    This seems to be the right place for me to post my dilemma.

    My Brazilian wife and I were married abroad a few years ago.Neither she, nor me, had any idea we needed to register the marriage in thecountry we married in – in my case, Australia.

    Now when people say Consulate, do they mean we should haveregistered the marriage at the Brazilian Consulate in Australia beforereturning to Brazil?

    Now that we are back in Brazil, what can we do? Do I go tothe nearest Brazilian Consulate in Brazil, or being already in Brazil, I guessthere are no Consulates – maybe some other Federal Department? Please advise onthat if anyone can.

    I am not going to go back to Australia to do this, so ifthat is the only path, then my only other choice is to get married again inBrazil.

    But here is the kicker, we might not stay together, so if wedecide to separate, assuming we cannot divorce in Brazil as we are not evenrecognised as married in Brazil as yet, do we go through separation in Brazil,the same way as a couple here do when they have a stable union?

    The only other info to add is we have two wonderful kids,both born in Brazil, although they each have multiple passports.

    Any takers!

    Thanks in advance.

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