Expert: Sandra - 2/3/2011

Question
Dear Sandra,

I am a British citizen and am currently in Brazil, engaged to be married with my long term girlfriend who is from here. I am here on a tourist visa that has already been extended by 90 days and will be required to leave in a month. I'm having a hard time getting all of my paperwork in order and am concerned that we will not be able to wed until after my visa has expired due to waiting times etc.

My question is, what if it does take too long and my visa expires, will I be forced out or is there any way I can stay? And if I do have to leave, how long do I need to wait until I can return?

Thank you in advance for your response,

Alex

Answer
Insofar as examples I have been told about or read about, the cartorio can and may refuse to process papers for anyone who has overstayed. (They are private businesses and each may operate a bit differently. Note that after the required paperwork has been submitted, some have posted online that it is possible to speed the actual wedding day, which usually takes place after a 30 day wait, along a bit by offering s "gorjeta" to choose adate.) On a tourist visa, you are entitled to 180 days and then must stay out of the country for 6 months.

Note: Most well informed folks advise that the foreign spouse-to-be draw up a "procuracao" (power of attorney) signed at the local Brazilian Consulate to allow the partner in Brazil to begin the process with papers sent from the foreign country, and so maximize the time allowed on a tourist visa.

Best wishes and good luck.