DCF / Rio / Residency

[Santos_Br 0]

Hello all,

We are going to try and file for the DCF in Rio de Janeiro, however we are unsure on the following. To file DCF, me the American, has to be a resident. I have lived in Brazil for a year now, but have only just received my work papers and therefore am only legally living here for a few days. We read somewhere that you need to be a legal resident for at least 6 months. However, we also read this is also determined on a case by case basis. Does anyone know whether or not the fact that I have physically lived here for more than a year is considered enough to be able to file for DCF?

Thanks,

[Blob18 111]

Were you legally staying there before you got your work papers? On another type visa?

Brazil's immigration laws are almost the exact same as the U.S. laws, so if you overstayed a visa you could be subject to bans.

You could also call/email the Rio embassy about the requirement. They usually answer within a day or 2.

[KittyPollitt 284]

Hello all,

We are going to try and file for the DCF in Rio de Janeiro, however we are unsure on the following. To file DCF, me the American, has to be a resident. I have lived in Brazil for a year now, but have only just received my work papers and therefore am only legally living here for a few days. We read somewhere that you need to be a legal resident for at least 6 months. However, we also read this is also determined on a case by case basis. Does anyone know whether or not the fact that I have physically lived here for more than a year is considered enough to be able to file for DCF?

Thanks,

There's a difference between being legally present in a country and being a resident. They don't usually sway on this. It's the same as in the US- a visa holder may be legally present, but until they receive a permanent residence card, they are not a legal resident. I lived legally in Morocco for over 6 months, but because I didn't have a residency card, I was unable to DCF. I would assume that when they say it's determined on a case to case basis, that means when people who are legal residents apply, their eligibility is determined by the length of their legal residence.

[Santos_Br 0]

Were you legally staying there before you got your work papers? On another type visa?

Brazil's immigration laws are almost the exact same as the U.S. laws, so if you overstayed a visa you could be subject to bans.

You could also call/email the Rio embassy about the requirement. They usually answer within a day or 2.

Well, I have received my Brazilian work visa, so I think any bans in Brazil are no longer applicable. And we intend to go back to the US, so our stay here would be short-lived.

But the question is, from the US embassy's perspective, can I apply for my fiance's DCF filing now? or in the next few months after we get married?

[Penguin_ie 5,996]

If you were in Brazil ilegally until recently, that time definitely does not count. If you were there legally, but on a short-term visa (tourist, student), then it may count at the discretion of the embassy, you'd need to contact them. When do you plan on getting married? You say in a few months, so maybe it will be close to 6 months by the time you are married and thus can file anyway?