II. GETTING ENGAGED AND BRINGING YOUR FIANCEE HOME
If you meet and become engaged to a lady from Brazil, you will need to explore the options of Marriage in Brazil with Spousal Visa, or the Fiancee Visa.
A. Marriage in Brazil
Civil marriage in Brazil is a matter of local law of the province of your lady's residence, and is accomplished through a Brazilian notarial office known in Portuguese as "Cartório". Brazilian government institutions are often very beauracratic and slow, and legal rules usually rigid. In general, the documentary requirements are for a U.S. citizen to marry a Brazilian lady citizen national are:
1) U.S. Passport
2)A Certificate of Singlehood or Record of No Marriage certified by the local or state government issuing authority where you live, together with any Court Divorce Decrees of former marriages certified by the Court of competent jurisdiction, all documents Apostilled by the Secretary of State of the applicant's home state in the U.S.
3)Birth Certificate
4)Letter notarized from living Parent(s) giving written permission for you to marry a Brazilian citizen national (If your parents are deceased, submit a copy of each parent's death certificate)
5)Letter certified from local Police Station that you are not wanted as a criminal fugitive or the subject of pending charges
6)Reference letter certified from local, state or federal government social services or vital records office that you are a member of the community in good standing, or in the alternative a signed and notarized reference letter from a local public official, church or minister official or other established local business or community leader attesting to your good character.
The general rule is that all official documents must be translated to Brazilian Portuguese by a translator approved by the Brazilian Consulate or Government. (Contact the Brazilian Consulate nearest you for suggested approved translators.) They must also be "legalized" at the Brazilian Consulate where the American gentleman resides. Waiting times to accomplish a civil ceremony marriage and obtain the all-important marriage certificate can vary greatly, sometimes weeks and even months. For a sample Professional Translation in the U.S. by a service specializing in immigration translations for immigration attorneys and Immigration Service for 35 years, visit: The Legal Translation Center (LTC), in Cambride, MA USA.
To minimize waiting times for marriage, it is advisable for the gentleman applicant to submit a signed "Power of Attorney" to the Brazil marriage official in advance, so that processing can begin at once. For information in English about Brazil Powers of Attorney, Click Here. For More Information About the Power of Attorney in Brazilian Portuguese under the Link "Consular" and "Power of Attorney". You may secure a Sample Power of Attorney from the Brazil marriage notary who will marry you, or sometimes from the Brazil Consulate, if you contact them directly. Some locations such as Rio de Janeiro require that the U.S. citizen gentleman first secure a Certificate for Permission to Marry and ask for a waiting period to process the certificate, typically 30 days but sometimes longer.
Once a valid marriage certificate is issued under Brazilian law and "Apostilled" by the appropriate Brazilian authority and translated into English by professional translator, it is recognized as valid and effective in the United States. See: An Explanation of the Hague Convention and "Apostille".
B. U.S. Spousal Visa through the I-130 Petition and the new K -3 Visa
After a marriage certificate secured, a Spousal-Resident visa must be obtained for your new bride. The U.S. Citizen petitioner if he is NOT a resident of Brazil must submit the I-130 Petition for resident visa for his spouse at the appropriate Immigration Service Center for approval. After petition approval, the case is sent to the National Visa Center and then the U.S. Consulate in Rio de Janeiro. Processing times are generally estimated at AT LEAST six months, sometimes longer.
One option to reduce waiting time in some instances is the new K-3 Visa. The State Department, implementing the LIFE Act of 2000, has recently authorized the issuance of the new K-3Visa for spouses of U.S. Citizens who marry in a foreign country and then choose to return to the U.S. to file the I-130 petition. For more information, see: The New Non-Immigrant Spousal Visa.
For most people, the K-3 Visa option is the only viable and fastest option because: 1. All U.S. Consulates have recently stopped processing I-130 Petitions for Legal Resident Visas for a Spouse of a U.S. Citizen through Direct Consular Filing (DCF), if the U.S. Citizen is NOT a resident of his spouse's country due to the Adam Walsh Child Protection Act, and 2. Processing the I-130 Petition through the Service Center AND the State Department's National Visa Center AND the U.S. Consulate usually takes longer than the processing of the K-3 Visa Petition through those three locations. (EXCEPTION: For those U.S. Citizens who are a resident of their spouse's country, the K-3 Visa is not necessary and the U.S. Citizen can process the I-130 at the Consulate, such as currently the U.S. Consulate in Rio de Janeiro, Brazil, as the State Department announced the resumption of DCF for those U.S. Citizens. See: USCIS Press Release, March 26, 2007.)
C. The Fiancee Visa
The Fiancee Visa is perhaps the most viable option for most U.S. Citizen gentlemen. In general, for many gentlemen, it has proven to be less complicated, costly and time-consuming.
Upon approval in the U.S. by the Immigration Service of an I-129F Petition for Alien Fiancee and issuance by the U.S. Consulate in Rio de Janerio, this visa allows your Brazilian fiancee to enter and visit the U.S. one-time for up to ninety (90) days. During this time, the couple, if they choose to marry, must do so. Otherwise, the lady fiancee must return to Brazil.
If you would like more information about our services for a Fiancee Visa, please see:
THE FIANCEE VISA AND THE BRAZILEIRA
If your Brazilian Fiancee lady would like to read about the Fiancee Visa and begin the process, please have her visit our Portuguese Fiancee Visa page:
O VISTO DE NOIVA
If you want your Brazilian Fiancee to begin things right away, please have her fill out our Ladies Visa Questionnaire:
LADIES VISA QUESTIONNAIRE IN PORTUGUESE
(Online Fillable Form in Adobe Acrobat PDF Format)
For the Latest Contact Information on the Various U.S. Consulates in Brazil, Visit the U.S. Embassy in Brazil Website
U.S. EMBASSY IN BRAZIL WEBSITE