Expert: Sandra - 1/10/2011

Question
Hi, I recently married my Brazilian husband in the United States, and he has since returned to Brazil. We plan to reside in Brazil. I am returning to Brazil with only 2 valid days remaining on my tourist visa, and I would like to register our marriage to get a temporary permit to reside, towards permanent residency.

So we are in a bit of a time constraint... from what I understand, to go the Policia Federal, first we must register our marriage at the Cartorio, but I have also been informed that I must register the marriage first at the Brazilian consulate... however when I went there they said that only the Brazilian spouse may register it there in person, and my husband has already returned to Brazil... So I am hoping that by bringin it (legalized) to brazil and getting it officially translated before I arrive, we will be able to register it right away and then proceed to the Policia Federal... Do you know if I will be able to do this?

Thanks so much! This has been a huge headache!
Jessica

Answer
Hi Jessica. Hope I can help a bit.

You need to have your marriage certificate “recognized” (as legal and not a forgery) with a stamp at the Brazilian Consulate that has jurisdiction over where it was emitted.
Official translation of documents can only be done by an official translator in Brazil.
For any process/procedure requiring your presence/signature in Brazil, you can draw up a “procuracao” naming someone (your husband) to act for you. Write (or have someone write) in Portuguese such a document and have it stamped at your Brazilian Consulate.
There is no such thing as “a temporary permit to reside, towards permanent residency”. There is only the process for permanencia (permanent residency), but yes, all the official ID documents can take awhile to arrive. Whether you choose to apply in the US or in Brazil is up to you.
It is faster (a few months) and more expensive to apply from the US. Once the document comes through, you have 90 days to arrive in Brazil to take up residence. There are some laws about one time import of goods/personal effects into Brazil within a certain period after receiving your documents that you should inform yourself about, since these are goods that could make your life much more comfortable in Brazil (and are likely to be many times the price there).
You should speak further with someone at your Brazilian Consulate about their requirements for applying from the US. It is slower (about 2 years), less expensive, but entails a surprise home visit from the PF when you apply from Brazil. Your husband should go to his local office of the PF to find out their procedure to apply for you, if that is your choice. If possible, get things in writing, since requirements often seem to change with the person attending you. This applies to the cartorio (all private businesses) too.
Best of luck.