I need some advice regarding a Visa and my situation
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Hello fellow Expat community members.
I am going through a situation and I am hoping other Expat forum members can offer some guidance and support regarding my situation.
I currently am in the midwest USA and I have a Nomad Visa that is set to expire in mid April of 2024. I am currently staying with my Mother here who is 84 years old and my sister.
I am currently married in Brasil. I am separated from the marriage right now and I hired an Attorney in Brasil to file a petition for divorce. I should have the divorce decree in roughly 2-6 months from now, from what my Lawyer stated.
I have a new girlfriend (been dating her for 8 months)Â who I would like to marry her in a civil ceremony once I have been issued the divorce decree in Brasil and obviously once I am back in Brasil.
I will have to wait for that divorce decree to be issued before I can re-marry. I would like to leave the midwest USA to come back to Brasil in early July, being my Mother needs my assistance here and there a lot of things I need to do for her and I know she appreciates the help I have been giving her and also the time that I spend with her.
My plan was to apply and get a 6 months visitors visa online in late June. The reasons for this are simple. The reason for doing this would be to save money by obtaining this visa and then after I go back to Brasil, get re-married, I would then like to apply for a Spousal Visa and be a permanent resident of Brasil.
Question 1. Does my idea seem like a feasible one? There are no penalties for voluntarily letting my Nomad visa expire right? How difficult is it to obtain the visitor Visa? What is the process like when applying online for it and how long does it take to be issued the visa upon applying online and after paying for the visa? Does anyone know the cost of the visa?
Question 2. What documents do I need for a Spousal Visa in Brasil(this question applies for my USA documents/Brasilian documents and my girlfriends Brasilian documents)? And how old can those documents be upon them being issued in the USA/Brasil, compared to when they are still legally usable and valid an Brasil?
Question 3. Would it be a problem to apply for a Spousal Visa if the 6 month visitor visa is still active?
I really appreciate the help, God knows I really need it.
Thanks again everyone and God bless!
![GuestPoster376](/images/avatars/default/avatar-user-deleted-avatar_120x120-t0.png?1)
The only advice I have is to get married in Brasil and apply for your spousal reunion visa at a Brasilian consulate in America.
Less brain damage.
You can apply for the spousal visa with an open and valid tourist visa.
Can't answer the other questions and frankly I did this years ago. Others will reply.
Thanks for the response.
But that's not feasible for me. Being I am not in a state that is near such a consulate.
I went ahead and got the required documents once. I can certainly do it again.
If anything, Brasil has taught me to be resilient and patient. I believe I need to get an apostilled FBI background report, a certified and apostilled copy of my US divorce decree and an apostilled birth certificate.
I am used to suffering, in regard to running around and stuff like that. I am okay with that.
Thanks for answering the question that you did.
@Gasparzinho 777
Correct me if I’m wrong but the reason you’re suggesting marriage in Brazil followed by doing the vitem XI at a US consulate is because the paperwork is much easier. Not to mention there is less headaches with sweating out waiting for the apostle nonsense etc..
To the poster, you didn’t specify exactly what US MIDWEST STATE where you officially reside. It’s important to know because the folks here online have had very good to not so good experiences doing the consulate route depending on where they went. I’m pretty sure you have to go to the specific consulate responsible for the state you reside in. For example, when I lived in Vermont I had to travel 5 hours to go to the Boston consulate as they served all the New England states except Connecticut. I had to go there 5 or 6 times. This was back in the early 2000s. No online forms, everything was paper. Also, no appointments either. So, it seems a lot easier these days. I wish you the best of luck!
02/08/24 @Ga Ci2. Hi, Tony, welcome back. To address your questions in the order you put them,
1 . I would recommend renewing your Digital Nomad visa before it expires, or applying for a new one, rather than returning to Brazil on a visitor visa. That will give you more flexibility than the hard 180 day departure date that you'd have with a VIVIS, and I suspect that you're going to need it, especially since your divorce still hasn't been finalized. There's no fine for letting your Digital Nomad visa expire.Â
As of now, the effective date for the new electronic version of the VIVIS, the "e-Visa", has been pushed back to April. If you're in the Chicago Consular District, keep checking this website for the latest information as it develops:
If you decide to go the VIVIS route anyway that's probably feasible, but remember that every day counts, and you can't afford to waste one. Arrive in Brazil with all the documents that you'll need to apply to the PolÃcia Federal for your Authorization for Residency after your next marriage, up to date, and with the proper apostilles. You can find the list of documents here:
/forum/viewtopic.php?id=1058676
You should arrange for Sworn Translations as soon as you arrive; you'll be able to use some of them for your new marriage, as well.
This site should be very helpful for determining what you'll need for your marriage:
Note that some of the documents will be the same as ones you need for the PF, so have duplicate originals. Some documents that you'll need -- the ones related to your previous marriage -- will need to come from cartórios in Brazil. Remember that, in addition to any delays that you experience with your divorce decree, obtaining those documents takes time, and that there's a waiting period between requesting your marriage license and the actual wedding. Consider all of this in your planning.
02/08/24Â ... and apostilled copy of my US divorce decree
 Â
  -@Ga Ci2
I'm unclear on this item. I thought that you said that you were married in Brazil, and in the process of getting divorced in Brazil. Why would you have a US divorce decree, and what use do you plan to make of it in Brazil?
@bepmoht
I am in Michigan to be exact. Regardless of whether there is a US consulate in my state or not, I prefer not to go that route. With all due respect. How my brain processes things always leads towards doing things that I have done before or doing things that are familiar to me, hence the process I went through previously is both familiar to me and I feel comfortable going that route again in all honesty.
I empathize with you having to go back and forth to the consulate, I prefer the route I previously took prior to ever visiting Brasil. Which was just obtaining the aforementioned documents in the previous response I wrote to another forum user.
Thanks for the info though:)
@Ga Ci2
Very good! Keep the faith and good luck with your new bride.
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@abthree
Thanks for welcoming me back. How have you been?
I appreciate the response.
I have to help my elderly Mother and it's just not possible for me to renew the Nomad Visa.
In all honesty. I prefer to obtain a Visitors Visa. My Lawyer is pushing to get the divorce decree issued sooner.
She is positive that in 2-6 more months the divorce decree will be in my hand. She has 30 years of domestic law experience.
I really trust her opinion.
Thanks for the info about the e-visa. I will look into that too.
Agreed man! I will arrive in Brasil with all the required USA apostilled documents. I agree with you.
Additionally my girlfriend will obtain all of her Brasilian documents a few weeks before I arrive.
No days will be wasted. No retreat, no surrender para sempre!
Thanks for the link man.
I will view the list of required documents and adhere to them.
Sounds good about the Sworn Translations.... I am familiar with sworn translator services in Rio,
You said I should have duplicates of the original documents. You mean make copies in a copying machine of all the documents I obtain here, so they can given to multiple entities in Brasil if need be?
Understood about the cartorios in Brasil and documents pertaining to the old marriage in Brasil from those cartorios.
I think I have a solid plan. Certainly there is the potential for hiccups. As Sir Issac Newton concept of variable change comes into play, there is always risk associated with everything and that risk gets elevated the more time that passes by once I land in Rio. The hiccups would be pertaining to when the divorce decree is issued. Long waiting times at the Cartorio and etc.
I may have to pay fines if I can not complete the marriage in 6 months from arriving in Brasil.
However, I doubt it will take that long in totality, especially if I come more than prepared with all of the apostilled documents in hand.
If it turns out the divorce decree is not issued until August of 2024 for example, than I will leave in September and stick to the same original game plan essentially, That is the safest bet in my opinion.
I really appreciate the support man!
It's nice to hear from you:)
@abthree
I was married in Brasil. Correct.
However, when I originally got married in Brasil, the cartorio where I actually was married, required this document.
Hypothetically, I could have been dishonest and just stated I was never married in the USA and no one in Brasil would have fact checked that one way or another.
However, I am always honest.
The USA divorce decree was over 10 years old, It was obtained from the clerk of courts in the city the USA divorce took place in.
That divorce decree was both certified by the clerk of courts and also apostilled by the secretary of state.
@bepmoht
Thanks so much man! I appreciate the support
She is such a special person. I love her to pieces.
Obrigado por isso.
Um dia de cada vez.....
 02/08/24 @abthree
I was married in Brasil. Correct.
However, when I originally got married in Brasil, the cartorio where I actually was married, required this document.
Hypothetically, I could have been dishonest and just stated I was never married in the USA and no one in Brasil would have fact checked that one way or another.
However, I am always honest.
The USA divorce decree was over 10 years old, It was obtained from the clerk of courts in the city the USA divorce took place in.
That divorce decree was both certified by the clerk of courts and also apostilled by the secretary of state.
 Â
  -@Ga Ci2
Now I understand. You're right, you should have that with you.
When I say "duplicate documents", I mean duplicate originals whenever possible. Often when you order a document, you can get duplicate originals for a little bit more. Agencies often like them better, but you can try using copies in a pinch.
@abthree
Copy that!
I certainly will bring that with me. Maybe get a 2nd certified and apostilled copy of the USA dicorce decree and a 2nd copy of every document perhaps and photocopies of the apostilled birth certificate also.
It should not be to horrible. I do have to check the list of required documents out, so I do not miss anything. I do have all my original documents from the old Brasilian marriage and from the process when my ex originally had as much of a vested interest in trying to obtain a spousal visa as I did. Lol.
Obviously her position on that issue changed. But I still have all of the documents that I used when I had to go to Santos Dumont airport 4-5 times.
Thanks!
@Ga Ci2
I do believe I have all of the required documents written down in there totality.
I did view all of the associate links that you included:)
I only have a few questions.....
Any help you can offer, I will more than appreciate.
For the civil marriage on
I see 4 documents listed for foreigners.
Declaration of Civil Status,Declaration of Membership,Declaration of the Same Membership and Declaration of Household.
I need to have these documents filled out for myself. Is that correct?
Each document needs to payed for.
Is it recommended I fill these out when I am in Brasil?
Do I need to provide any economic dependence documents from the USA with Apostilles?
There was a mention about providing the original legalized marriage certificate translated?
I may be incorrect in my interpretation of this. Does this mean I need my original Brasilian legalized marriage certificate as a required document.
As far as my girlfriend is concerned, I just saw that she would need her identity card and her birth certificate.
I do not see any other documents needed on her end.
I also need to obtain a few copies of each original document.
Thanks!
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