Colombian Marriage Visa Requirements

Are you considering tying the knot with your Colombian sweetheart? If so, understanding the requirements and processes for obtaining a Colombian marriage visa is a crucial step in your journey. In this comprehensive guide, we’ll explore the ins and outs of Colombian marriage visa requirements in 2024, providing you with the knowledge you need to navigate the process with ease and confidence.

Key Takeaways

• Understanding Colombian Marriage Visas and the application process for a successful application.
• Eligibility criteria, required documents, legal considerations such as rights & responsibilities of visa holders, same-sex marriages/civil unions, and prenuptial agreements.
• Coming to Colombia without the proper documentation to get married is one of the biggest mistakes foreigners make when applying for a Colombian marriage visa.

Understanding Colombian Marriage Visas

A Colombian marriage visa is a visa granted to married to a Colombian National, those in a de facto union or civil union with a Colombian national can apply for a Colombian Permanent Partner visa 365 days after registering the civil union at the notary. While this is not a marriage visa, the visa types are similar.

This visa, sometimes called an M visa, allows the holder to remain in Colombia for up to three years, with the possibility of applying for a Resident visa after three years.

The spouse visa opens up numerous opportunities: living and working in Colombia, availing healthcare services, and, most importantly, residing with your Colombian spouse or permanent partner.

Migrant Visa: Type M

The Type M visa is designed for foreign nationals married to a Colombian spouse. This visa allows the holder to stay in Colombia for one up to three years and enjoy full work privileges. You can explore career opportunities and immerse yourself in Colombian culture while living with your loved one.

Eligibility for the Migrant Visa Type M requires you to be married to a Colombian national. This means that, as long as you can prove your legal marriage you’re one step closer to obtaining your Colombian marriage visa and starting your new life with your partner.

Eligibility Criteria

To obtain a Colombian marriage visa, you must fulfill specific eligibility criteria, including being legally married to a Colombian citizen. But what exactly does this mean? A legal marriage is a formal union recognized by the government, while a civil union, otherwise known as a union marital de hecho or de facto marital union, is a legal union recognized in Colombia after the couple has lived together for two years.

Colombia has a different definition of marriage. A couple is in union libre when they have been together for two years or longer. This union is similar to a common-law marriage and carries the same legal rights as a civil partnership or union marital de hecho. So, in order to qualify for a Migrant visa as a spouse of a Colombian you must be legally married that equals to having a colombian civil registry of marriage. If a foreigner is in a civil union with a Colombian the foreign national can apply for a Colombian Permanent Partner visa.

It is important to note that the visa application as a permanent Partner can only take place 365 days after registering the civil union, just living together in itself does not qualify as a civil union for the application.

The Application Process for a Colombian Marriage Visa

With a solid understanding of the Colombian marriage visa and its eligibility criteria, let’s navigate the application process. Applying for a Colombian marriage visa involves submitting an online application, allowing for processing time, and providing the necessary documents.

Online Application

To apply for a Colombia marriage visa online, you’ll need to submit your application. The good news is that an in-person visit to the Ministry of Foreign Affairs in Bogota is no longer required. Applying for a Colombian marriage visa can be easy when done correctly. You can do that online through the Cancilleria's website.

You'll receive an email confirmation with your application number once you’ve submitted your application and paid the associated fees. The online form for a Colombian marriage visa is available in both Spanish and English, making the application process more accessible for non-Spanish speakers.

Processing Time

After submitting your Colombian marriage visa application, you can expect a processing time of just a few weeks. However, the government entity has 30 days to respond to your application, provided that all necessary documentation has been supplied.

Patience and thorough preparation are key to navigating the processing time with minimal stress.

Required Documents for a Colombian Marriage Visa

Before submitting your application, ensure you’ve gathered all the necessary documents for a Colombian marriage visa. These documents fall into two categories: Required and Additional Supporting Documents.

Each category plays a distinct role in verifying your eligibility for the marriage visa, so let’s delve into the specifics of these document categories.

Required Documents

• Civil Registry of Marriage
• A photocopy of the first page of your passport
• Last entry stamp (if, by the time of the application, the foreigner is still in the country)
• Copy of the Colombian spouse's Cedula de Ciudadania
• 3x4cm Passport Style photo with White background in a Digital Format
• Special power of attorney: Signed and authenticated at the notary by the colombian spouse
• Application Letter: A letter signed by the Colombian spouse in which they request the visa for the foreign spouse.
• Migratory Movements: Certificate of migratory movements of the foreigner and their Colombian spouse. Copy of the Colombian spouse's Cedula de Ciudadania

Additional Supporting Documents

You may sometimes be asked to provide additional supporting documents during the Colombian marriage visa application process. These documents may include those verifying the relationship's legitimacy, such as photos, correspondence, or travel records.

Being ready to provide these additional supporting documents as requested could accelerate the application process and enhance the chances of a successful visa application.

Legal Considerations for Colombian Marriage Visas

It is essential to know the legal considerations when obtaining a marriage visa in Colombia. This includes understanding:

• Your rights and responsibilities as a visa holder
• The recognition of same-sex marriages and civil unions in Colombia
• The role of prenuptial agreements in protecting assets in Colombian marriages and de facto unions.

A thorough understanding of these legal aspects can equip you better to navigate the application process and ensure a successful outcome.

Rights and Responsibilities

As a Colombian marriage visa holder, you’ll enjoy a range of rights and responsibilities similar to those with a resident visa. For example, you’ll be granted the privilege to both work and study in Colombia during the visa validity period.

In addition, if you’re in a civil union, you’ll have the same legal rights as a spouse, including a 50/50 division of shared assets according to Colombia’s community property laws.

Comprehending your rights and responsibilities as a visa holder can facilitate a smooth transition to life in Colombia with your partner.

Same-Sex Marriages and Civil Unions

Colombia recognizes same-sex marriages and civil unions, allowing same-sex couples to apply for a Colombian marriage visa. This is a significant step forward for LGBTQ+ rights in the country, allowing same-sex couples to build a life together in Colombia.

So, whether you’re in a heterosexual or same-sex relationship, you may be eligible for a Colombian migrant visa if you can prove your legal marriage or de facto union with a Colombian citizen.

Prenuptial Agreements and Asset Protection

Prenuptial agreements can protect assets in Colombian marriages and de facto unions. These agreements must adhere to specific regulations to be considered valid in Colombia, such as:

• Having a written contract signed by both parties
• Clearly stating the assets and liabilities of each party
• Including provisions for the division of property in the event of divorce or separation
• Providing a level of security and peace of mind for both partners

By following these regulations, couples can ensure that their prenuptial agreements are legally binding and provide the desired protection for their assets.

When drafting a prenuptial agreement, consult a lawyer well-versed in Colombian law to ensure compliance with all applicable legal regulations. Properly executed prenuptial agreements can help safeguard your assets and provide a solid legal foundation for your marriage or de facto union in Colombia.

Renewing or Upgrading Your Colombian Marriage Visa

A Colombian marriage visa can be issued for one to three years, and it is possible to renew it. Applying for renewal is a very similar process to your original application.

In the subsequent sections, we’ll outline the renewal process and steps for applying for permanent residency in Colombia.

Visa Renewal Process

To renew your Colombian marriage visa, you must submit the required documents and pay the associated fees, just as you did when you first applied for the visa.

Be prepared for potential challenges during the renewal process, such as delays or requests for additional documentation. Applying for renewal 2-3 months before your visa expires is best. By following the renewal guidelines the Colombian government provides and ensuring your documents are up-to-date and accurate, you can improve your chances of a successful renewal.

Applying for Permanent Residency

After holding a Colombian marriage visa for three consecutive years, you may be eligible to apply for permanent residency in Colombia. Permanent residency offers additional benefits, such as the ability to apply for Colombian citizenship after two additional years, and enjoy a Colombian national's full rights and privileges.

To apply for permanent residency, you must meet the requirements for a permanent partner or have contracted a valid marriage with a Colombian national. By following the guidelines the Colombian government provides and ensuring your documents are up-to-date and accurate, you can improve your chances of a successful permanent residency application.

Challenges and Tips for a Successful Colombian Marriage Visa Application

Navigating the Colombian marriage visa application can be complex and challenging, but overcoming these challenges and successfully obtaining your visa is possible with apt preparation and knowledge.

This blog post offers a comprehensive guide to the Colombian marriage visa requirements, application process, legal considerations, and tips to ensure a successful application.

Common Mistakes to Avoid

To help you navigate the Colombian marriage visa application process, we’ve compiled a list of common mistakes to avoid.

1. Obtaining an extension on the temporary permit or tourist visa instead of applying for the marriage visa directly. This can result in delays and potential penalties.
2. Arriving in Colombia with outdated or incorrect documents. Ensure that all your documents are up-to-date and accurate.
3. Neglecting to have the necessary documents apostilled when trying to register your marriage in Colombia. Apostilled documents are legally valid and recognized in Colombia.
4. Making administrative errors or providing inaccurate information on the application forms. Double-check your application for accuracy before submitting it.
5. Waiting too long to apply for the visa. The government entity needs 30 days to review your application.

By avoiding these common mistakes and following the tips and guidance provided in this blog post, you’ll be well-prepared to successfully apply for your Colombian marriage visa and begin your new life with your Colombian spouse or permanent partner.

Summary

In conclusion, obtaining a Colombian marriage visa requires a thorough understanding of eligibility criteria, the application process, and the legal considerations involved. By familiarizing yourself with the requirements, preparing the necessary documents, and avoiding common mistakes, you can successfully navigate the Colombian marriage visa process and start your new life with your Colombian partner.

Remember that knowledge is power, and with the information provided in this comprehensive guide, you’re well-equipped to tackle the Colombian marriage visa process head-on. So take a deep breath, gather your documents, and confidently embark on your journey toward a new life with your Colombian spouse or permanent partner.

Frequently Asked Questions

How long does it take to get a marriage visa in Colombia?

It typically takes a few weeks to 30 days to obtain a marriage visa for $324 USD in Colombia.

Can you become a Colombian citizen through marriage?

Yes, you can become a Colombian citizen through marriage by continuously holding a resident visa in Colombia for two years prior to applying.

What does a U.S. citizen need to get married in Colombia?

To get married in Colombia, a U.S. citizen must provide proof of their single status, a valid passport, and any foreign documents should be legalized through an apostille or legalization process depending on the country of origin.

For documents from countries not part of the Hague Convention, the documents must be legalized through the Colombian consulate in the country of origin. This process can take several weeks and requires the documents to be translated into Spanish.

Can I bring my Colombian wife to the US?

You can bring your Colombian wife to the US with a K-1 nonimmigrant visa and adjust her status after marriage.

Once she arrives in the US, she will need to marry you within 90 days of her arrival. After the marriage, she can apply for a green card and become a permanent resident. Current visa processes in the United States are taking 1-2 years.

Can I apply for a Colombian marriage visa from my home country?

You can apply for a Colombian marriage visa from your home country, or while you're in Colombia.