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I seem to remember that the declaração is for your spouse to complete if it is your first CRNM.

@Texanbrazil

what about the FBi apostille how did you do it?

03/27/24    @Texanbrazilwhat about the FBi apostille how did you do it?         -@Gscluz

Unfortunately, Texanbrazil passed away last year.  I can respond to your question, however.

Apostilles for US federal documents, including FBI Background Checks, must come from the United States Department of State Office of Authentications n Washington, DC:

Apostilles may be obtained directly from the Office of Authentications.  Most people, however, work through an authentication service, which is a private company that has runners who, for a fee, will obtain your apostille for you.  They can be found through a web search on "Authentication service, FBI Background Check".

Apostilles for documents issued under the authority of the state (e.g., Marriage Certificates, Birth Certificates, etc.) must be obtained from the state of issue, NOT the federal government.  Authentication services can obtain these, as well.

@James sorry to bother u , i saw your answer about the criminal records , are u sure it’s not needed if the spouse or husband is Brazilian? cause its on the list pf documents needed on the brazilian site …. im just asking because im Brazilian and married one American man and we are struggling with this . on where to go and all and he already overstayed … because of this

  03/27/24  @James sorry to bother u , i saw your answer about the criminal records , are u sure it’s not needed if the spouse or husband is Brazilian? cause its on the list pf documents needed on the brazilian site …. im just asking because im Brazilian and married one American man and we are struggling with this . on where to go and all and he already overstayed … because of this         -@priscilawolff

Good evening.  James passed away in 2016, and the Law of Migration changed in November 2017, so it's a good idea to only rely on information in posts after that date.

I'm not sure why James responded as he did in the 2014 post that you read, because the old law was very similar to the current law with respect to police clearances.  There ARE circumstances where the PF can accept a "Declaração sob Pena de Lei", and I assume that the older post that he mentions referred to one of them.  One example would be a person who has been in Brazil for several years on an asylum claim, and now has to renew a CRNM.  Obviously, a person in that situation CANNOT obtain a police clearance from the very government he or she fled, so a "Declaração sob Pena de Lei" has to be sufficient.

This will probably NOT be sufficient in your spouse's case.  Since s/he has already overstayed, I would strongly suggest that you engage an attorney to represent both of you as soon as you can.  The overstay will complicate everything, and there's no guarantee that s/he won't, in the worst case, need to pay a fine, return to the United States to get the documents, and return to Brazil after staying out for six months, but an attorney may be able to make a case for you that will convince the PF to waive some or all of that.  Best of luck.

@priscilawolff, please read the explanation from @abthree as he has all the information on the Brazil side of things.

What I can help is to explain the background check process as I am going through it right now....

1. When doing the background check, you can do at state level or at federal level.  For immigration purposes, state level background check (DOJ) is sufficient.  The Brazil lawyer told me.
2. To get a state level background check in the USA, you need to search and locate the closest livescan location that you will be in the US.  For example, I am in California and here is the list that I get when I google "livescan locations in California" ->
3. Before you go to the livescan, you will need to fill out the "Request for Livescan Request" ->   Please follow the instructions precisely ->
4. Make an appointment or do a walk-in to the livescan location of your choice from the list above.
5. At the livescan location, there will be someone who will take the fingerprint and enter the request online.  Once you have submitted the fingerprint and application online, you will receive an ATI number on your application.
6. The ATI number is the number that you can use to find out about the status of the background check application ->
7. If the status in 6 shows "Completed", then you can expect a report to be sent in the mail for you at the address that you entered in the Livescan request "Application Information address".
8. If you received a short form report - like a print out without state seal and official signatures, then you will need to make an official letter request by sending an email to visa-immigration@doj.ca.gov.  This instruction should also be included with the short form report.
9. It will take another 1 week to get the official letter.
10. Once you get the official letter, you will need it notarized.
11. Then the notarized letter will need to be apostilled by going to Sacramento Secretary of State ->

Once you get the apostilled (from Secretary of State) official background check letter (from the DOJ), then this is what you need to bring to Brazil.

Hope that this helps.

@priscilawolff, please note that my example is for background check in California.  For your husband, I would recommend to go to the state that he has recently come from.

The Application address refers to the address that he has spent at least the last 5 years....

03/27/24  I would never recommend trying to use a criminal background check from a state of the US rather than the FBI unless it is done on an attorney's advice and the attorney is going to personally represent it to the Federal Police.

    03/27/24  I would never recommend trying to use a criminal background check from a state of the US rather than the FBI unless it is done on an attorney's advice and the attorney is going to personally represent it to the Federal Police.
   

    -@abthree

Good clarification. 

I got my recommendation from my Brazil attorney....