Getting Married - Facing Immigration Problems (Advise Sought)

[mwalimu]

I've been very impressed with the collective knowledge base about issues related to immigration and

Here are the details....

I've been a perma-tourist here for a number of years. My passport(s) reflect this - many, many 90 day stamps, a few overstays. I've noticed recently when passing through immigrations, both coming from Colonia, or through EZE, that they are paying closer and closer attention to my passport. Last time passing through EZE, the immigration officer said, flatly - "90 Days, That's it". Since then I've been to Colonia, and had my passport closely checked, but was still allowed 90 days entry. With the stories of fellow perma-tourists running out of luck and being deported in mind, I am very concerned that I many not be able to re-enter again, or would be lucky to be able to do so.

My situation is complicated by two things... I have a parent who is on the verge of going into hospice care (in other words, the terminal phase of their life), and me being home for the holidays would mean a lot to both of us - in other words, I am very reluctant to overstay my 90 days (which expire over the holiday period). I feel I need to be home, to be there for my parent.

At the same time, my Argentine girlfriend and I have, after many years of living together, finally decided to get married. As I understand it, once married to a local, I can immediately get permanent residence, and no longer have to sweat the visa run issue. The problem is, there are simply no turns available, seemingly anywhere in BA city, at the registro civil to get married BEFORE I have to leave for home. Apparently December is a very popular time to get married. Earliest dates available are for January.

So, can I ask the favor of all of you more experienced and knowledgeable about these things to give me some advice? Would it be best to overstay my 90 days, get married first available dates in Jan, and be done with it? (I believe I read that they won't care at the registro civil that I've overstayed my tourist visa), and then go home for a visit, permanent residence in hand. Or, would it be better to get a turno for January ceremony, have a copy of that paperwork (I'm assuming they give you some kind of receipt that you have a confirmed date and it's paid for) in hand as I leave the country in a few weeks, and then show this at EZE when I'm ready to come back again, and throw myself on their mercy - asking them to allow me in to get married, and get legal? Last option seems to be to leave, and get a new passport with new reciprocity fee paid, and try and come in that way?

My fiance and I are very concerned that if I get refused entry, and deported with a 5-year ban, that could totally stuff up our plans to get married and life our lives happily ever after. There's no way she can get a tourist visa to come to my country to get married.

Thanks for taking the time to read this, and thanks in advance for any sage advice you may care to share.

 

[Idois]

Let's separate the few issues you mention so that you can see your options better:

You are correct that once married to ARG citizen you are eligible for a permanent residence here. The same day that you submit all the documents you are being issued a residencia precaria which allows you to exit/re-enter Argentina as you please while your petition for permanent residence is administratively processed and you receive your DNI by mail. (your precaria actually states that you are a family member of ARG citizen and that it is valid for 90 days; during these 90 days, in theory, your permanent residence should be processed and your DNI should arrive by mail, otherwise you reapply for the new precaria and repeat the process until your actual permanent residence is processed and your DNI arrives).

Now, while your marriage to ARG citizen is a grounds for permanent residence, you will also need antecedentes penales from Argentina as well as from your home country (these need to be translated into Spanish and legalized here in ARG). So, make sure you have all of this before actually taking a turno at the migraciones.

Keep in mind that as of OCT 1 2015, pareja de hecho gives you immigration rights (it did not in the past). This is something that you do in front of the notary public and then it needs to be legalized and registered appropriately (entered into a registry) to serve in lieu of your marriage certificate. So, if you cannot get a turno at registro civil as soon as you need it, this may be an option, but keep reading... because all this TAKES TIME.

You are correct in assuming that once you get a turno at the registro civil (your ARG gf is the one actually doing it online), you will print the comprobante and all the other documents (prenupciales and a couple of other pages).

Now, given your exact situation, and given my risk-seeking tendency, I would invite you to consider the following (keep in mind that I am not a lawyer, just someone who has done many immigration stints in many places over the years): 1. get a turno for a date that you really want (keep in mind that the dates are given for 20-29 days ahead only), 2. a copy of your gfs DNI and 3. a certificado of convivencia (which you can get in a day, read requirements carefully), and then go visit your family before your actual 90 days expire. Unless you have committed some crime it would very unlikely that they would deport you from EZE when you get back here. I say 'very unlikely' because these 3 items I listed do not give you any immigration benefits, but, to some extent they show your 'arraigo social' in Argentina, and, arraigo social in itself can give you immigration benefits.

 

[wineguy999]

You are correct that once married to ARG citizen you are eligible for a permanent residence here. The same day that you submit all the documents you are being issued a residencia precaria which allows you to exit/re-enter Argentina as you please while your petition for permanent residence is administratively processed and you receive your DNI by mail. (your precaria actually states that you are a family member of ARG citizen and that it is valid for 90 days; during these 90 days, in theory, your permanent residence should be processed and your DNI should arrive by mail, otherwise you reapply for the new precaria and repeat the process until your actual permanent residence is processed and your DNI arrives).

In my case, the processing agent strenuously advised against leaving Argentina before receiving my DNI. He indicated that, if I was not available immediately if needed, the process could be nullified or denied.

 

[Idois]

In my case, the processing agent strenuously advised against leaving Argentina before receiving my DNI. He indicated that, if I was not available immediately if needed, the process could be nullified or denied.

I believe that this may have been said to you, and thanks for sharing it here.

I am venturing to imagine that you being 'available' means that hypothetically, a) some document went missing while your case is administratively being processed and you need to furnish it again (or perhaps they forgot to ask you for it when you submitted your initial petition/application), or b ) that you are not present at your address to physically receive your DNI and you did not authorize anyone to receive it on your behalf? If something is missing and you are not there to furnish the missing document, it does not mean automatically that your case will be canceled. The processing may be delayed but that does not negate that you are a defacto family member of ARG citizen, so at some point your case will be resolved. And if you are not at home to receive your DNI, it can be picked up later, it does not get annulled automatically. In other words, you are not in any legal limbo, just perhaps, in the worst case scenario, you will be somewhat inconvenienced.

The law, specifically Art 20 de la Ley 25.871, which governs the precaria, is clear regarding entry/exit to/from Argentina and allows for it.

 

[citygirl]

I would certainly want to be with my family, esp if a parent is entering into hospice. Go home for the holidays.

Provisionally, i.e. less than a handful of times, it seems there have been issues with people being denied entry. I'm guessing with an appt for your wedding and your paperwork in hand, you will have no problems on your return. But if you are worried, why not come back through Uruguay or Chile and then either take the ferry back from Uruguay or fly into aeroparque from Santiago/Montevideo? It seems the only few times people have been turned away, it's happened at EZE

 

[Ceviche]

I would certainly want to be with my family, esp if a parent is entering into hospice. Go home for the holidays.

Couldn't agree more! If I was you, I would drop everything and head home to be with the parent. In fact if you are away for few months, it will help in getting a entry back as this would demonstrate to the immigration officer, you have a life outside Argentina.

Worst case scenario, you can try to apply for a visa from Argentina embassy in your home country basis a invitation letter from yr gf stating she will be responsible for you bla bla...

 

[wineguy999]

I believe that this may have been said to you, and thanks for sharing it here.

I am venturing to imagine that you being 'available' means that hypothetically, a) some document went missing while your case is administratively being processed and you need to furnish it again (or perhaps they forgot to ask you for it when you submitted your initial petition/application), or b ) that you are not present at your address to physically receive your DNI and you did not authorize anyone to receive it on your behalf? If something is missing and you are not there to furnish the missing document, it does not mean automatically that your case will be canceled. The processing may be delayed but that does not negate that you are a defacto family member of ARG citizen, so at some point your case will be resolved. And if you are not at home to receive your DNI, it can be picked up later, it does not get annulled automatically. In other words, you are not in any legal limbo, just perhaps, in the worst case scenario, you will be somewhat inconvenienced.

The law, specifically Art 20 de la Ley 25.871, which governs the precaria, is clear regarding entry/exit to/from Argentina and allows for it.

Not beating a dead horse, but perhaps I should have been clearer. This was said to me when initially submitting my paperwork. Nothing missing, nothing left out, all ducks in a row. Just advice from the (very friendly, knowledgable and helpful) processing clerk. If you don't mind the inconvenience of possibly needing to resubmit, by all means, do what you will.

 

[mwalimu]

Can't thank all of you enough for taking the time to share advice and contribute to the conversation. Idois, your suggestions. in particular were great. We will take that advice and run with it. Hopefully, when I show up at EZE again, after the trip home, I'll meet an immigration officer who sees the demonstrable intent to get married and thus becoming legit, far outweigh my "checkered past" as a Perma tourist.

 

[Kaz]

I recently got married last year to an Argentine, and my DNI was due this month, but I got a call last week telling me that I have to go to Edificio 6 to make an appointment for me and my husband to go for an interview. Does anyone know what this interview involves and why?

 

[Ceviche]

I recently got married last year to an Argentine, and my DNI was due this month, but I got a call last week telling me that I have to go to Edificio 6 to make an appointment for me and my husband to go for an interview. Does anyone know what this interview involves and why?

it depends on your nationality..basis which to confirm if its a real marriage or just a marriage of convenience.