Marriage to Mercosur resident, ultima prorroga

[French jurist]

Of course, why would you say you are divorced ? Don't say it.

As for "mercosur marriages", if you marry here, it will be under Argentinean law, and your migratory status is not important to proceed (I married as a tourist here).

DO NOT GO TO COLONIA !

 

[EricLovesBA]

Of course, why would you say you are divorced ? Don't say it.

As for "mercosur marriages", if you marry here, it will be under Argentinean law, and your migratory status is not important to proceed (I married as a tourist here).

DO NOT GO TO COLONIA !

It was more her migratory status I was wondering about - i.e., if I marry her now, a mercosur Argentina resident, can that be the basis for me acquiring Argentine residency, or must she first become a citizen? If marrying her sooner does not provide a practical solution to my residency issue there is no point in rushing. It would be preferable to plan the wedding and enjoy it in a more romantic context.

 

[MizzMarr]

I know this is probably the logical choice and the elegant sulution but it really feels strange for me at the gut level. Maybe it's a cultural thing, coming from the U.S. where visa violations are punished so severely. It's hard to just change gears and treat it like jaywalking or littering. And in today's political environment it seems immigration laws could be subject to further unexpected changes. I don't want problems later down the road. I saw in your other posts you had the same mindset before.

Your solution is definitely high on the list of options though. Thanks for your input!

It's true, and unexpected changes are a likely possibility at this stage. I do understand where you are coming from. Having recently gone through similar to what you're going through (I qualified under the old rentista standard), and that my partner is still in process of finalizing his paperwork (which may or may not be granted). The new decretos, as I understand them, give the police power for deportation, but (fortunately?) I don't know of anybody who has had to face that yet (knock on wood).

The important thing for you to know is that it doesn't matter if you overstay as long as you are fixing your situation and sorting out the details, waiting for paperwork, etc. You have time to order your paperwork and get everything in line as long as you don't leave the country! Speak with an attorney, and do order your FBI report ASAP (unfortunately they can be delayed 14 weeks or longer) and your original birth certificate (apostilled) from the dept. of records in your home state. If you do end up applying via your girlfriend your expired visa won't matter (it didn't for my partner when he applied for rentista with an expired visa), and if you guys find out that there's no way to get a visa and have to leave you will simply have to pay the fine. It bears repeating: DO NOT GO TO COLONIA or otherwise cross the Argentine border!

 

[steveinbsas]

It was more her migratory status I was wondering about - i.e., if I marry her now, a mercosur Argentina resident, can that be the basis for me acquiring Argentine residency, or must she first become a citizen? If marrying her sooner does not provide a practical solution to my residency issue there is no point in rushing. It would be preferable to plan the wedding and enjoy it in a more romantic context.

I have one answer and one question:

A: Yes, getting married to an Agentine resident (temporary or permanent) gives you the same status.

Q: What's romantic about getting married at the comuna or registro?

 

[French jurist]

Q: What's romantic about getting married at the comuna or registro?

You can have the judge from the registro come to your place to celebrate the wedding (ring exchange), there's a fee of course. But the papers need to be signed at registro, yes.

 

[Ashley]

Do not go to Colonia - and if you're going to get married, get married before your tourist visa runs out (when you will no longer have the option!)...
If your financee is a resident of Argentina (national or otherwise) you are also entitled to apply for residency. To get married, all you need (as far as I can remember) is your passport (with a valid tourist visa) and a certificado de domicilio - You need to go to the registro civil nearest to your place of residence 28 days prior to the day you wish to tie the knot.
If you've been given your ultima prorroga, it's highly unlikely they're going to give you another visa at Colonia...maybe 10 days to leave the country if you're lucky (which won't even give you enough time to get hitched) so you'll probably just cause yourself even more problems. Either get married now or fly under the radar until you are ready to leave, get married somewhere else, get your visa and then come back!
If you do get married, apply for your paperwork as soon as possible - I don't think you'll have any problems once you're married to an Argentine resident if your visa does expire before your paperwork arrives.

 

[steveinbsas]

Ashley has summed it all up quite nicely.

You don't even need a lawyer.

 

[French jurist]

It was more her migratory status I was wondering about - i.e., if I marry her now, a mercosur Argentina resident, can that be the basis for me acquiring Argentine residency, or must she first become a citizen?

This I don't know, I can search though but I'm sure that either Attorney At BA or Bajo Cero will give you a precise answer.

The reason (with all due respect ) I recommended you to see a lawyer is because you are considering options that are not wise (asking many times "if I go to Colonia").
DO NOT GO TO COLONIA, I think you get it now.

 

[Bajo_cero2]

I know this is probably the logical choice and the elegant sulution but it really feels strange for me at the gut level. Maybe it's a cultural thing, coming from the U.S. where visa violations are punished so severely. It's hard to just change gears and treat it like jaywalking or littering. And in today's political environment it seems immigration laws could be subject to further unexpected changes. I don't want problems later down the road. I saw in your other posts you had the same mindset before.

Your solution is definitely high on the list of options though. Thanks for your input!

Well, here is different. You are not illegal until DGM enactes a decrete that says you are, they send this decrete to the judge and he analizis it. Then you become illegal. Until then you are an inhabitant.

I suggest that the best strategy would be:
a) Don`t leave the country
b) Your fiance should became argentinian. Then you can get automat permanent residency. This is just in case you have taxes issues.
c) You become argentinian citizen. As soon as you apply, the immigration law is not enforzable any more to you.

Regars

 

[Bajo_cero2]

After all that a lawyer here asked me why did I bother with it. He said I should just say that I am single (soltero) when asked for my estado civil when applying for my residency, but it was already too late.

Well, I have a case of a chinesse guy who was divorced but he said he was single. He was criminaly prosecuted by DGM. For china, you are single or married, there is not such a thing as divorced.
Regards