Marriage to Mercosur resident, ultima prorroga

citygirl

Registered
steveinbsas said:
How does this make a difference? If an individual has dual citizenship don't they incur taxes liabilities in both Argentina and the USA? Isn't this also true for a US citizen who has residency in Argentina?

There is a foreign income exemption of over $85,000 USD for US taxpayers working abroad, but I have also read that this does not apply to US citizens working in Argentina as there currently is no "tax treaty" between the two nations.

Can you clarify this?

I don't remember anyone on the forum ever saying they received the US tax exemption for income earned in Argentina.
I believe I have responded to this before. If you are working in Argentina and the services are delivered in Argentina (in this example), and you meet either the bonafide resident test or the physical presence test (you spent at least 330 days there), then you can claim the foreign earned income exclusion. Income of up to $91,400 USD *may* be exempt from filing for US taxes.

Over that amount, as you mentioned, there is no tax treat between Argentina & the US so yes, you can face the issue of having to pay both countries. However, you can apply 20% of the taxes you paid (IIRC) in Argentina to your potential tax liability in the US.

The IRS has quite a bit of helpful information on the website.
 

steveinbsas

Registered
I still wonder what difference being a citizen versus being a resident of Argentina makes regarding paying US taxes.
 

citygirl

Registered
Good question - I don't believe it makes any difference.

No matter where you are, (as a US citizen), you have tax obligations. Again, they're not quite an onerous as many people make them out to be, with things like the foreign earned income exemption, but there will always be a level of obligation.
 

EricLovesBA

Registered
Hey I just wanted to say thanks to everyone who took time to advise me. Lots of helpful suggestions.

So, I got a Buquebus ticket and I'm headed to Colonia this weekend, just to give it a shot!!

Juuust kidding, just kidding. No seriously, I am planning to hold tight here as long as i can while she gets things sorted out with her citizenship. I may have to go to the states before then for a family matter, but if that happens I'll cross that bridge when I come to it.

I'm going to going to get my fbi papers started, and she's continuing to get paperwork and such submitted for her situation. I will keep you posted here on this thread if anything interesting happens, and likely as not I'll be back with more questions.

Thanks again to the baexpat community for reaching out to help!
 

Ashley

Registered
Don't forget that if you get your FBI report now, and then leave for the states before getting married and applying for residency, this will invalidate your FBI certificate... and you'll have to go through the whole thing again!
Only get it if you plan on getting married and applying for your visa BEFORE leaving for the US.
(I learnt the hard way on that one...)
 

Bajo_cero2

Registered
steveinbsas said:
Eric, Why would you spend the time and money to go through the judicial system when you are planning to get married anyway? If you are not sure you want to married it is probably better to wait, but if you're sure...perhaps it's the perfect time after all.;)
You misunderstood it. Habeas corpus is used only if he has an issue meanwhile he waits for the weeding. So, If you read all my replyies, I said, stay illegal until you get married or get your own citizenship, because she hasn`t
Regards
 

steveinbsas

Registered
Bajo_cero2 said:
You misunderstood it. Habeas corpus is used only if he has an issue meanwhile he waits for the weeding. So, If you read all my replyies, I said, stay illegal until you get married or get your own citizenship, because she hasn`t
Regards



Wouldn't Eric be eligible for permanent residency as soon as he gets married if his fiance has permanent resident status here, even though she is not yet a citizen of Argentina? And if she is a citizen when they do get married, doesn't Eric still have to fulfill the requirements for citizenship "on his own" (including physical presence in Argentina two full years)? I bring this up because Eric said he plans to return to the US for family business before the wedding and that would reset the clock for his citizenship process as well as create/intensify doubts about his ability to renter as a tourist. I hope migraciones will not prevent him from returning whenever he wants, but what if they start enforcing the 180 day per year limit for tourist visas? That is their goal, isn't it?
 

Bajo_cero2

Registered
You need two years or to get married or having a baby. This means that the day after you married you are eligible for citizenship only if your spounse is a citizen.

Travel does not necesary reset the clock.

If they enforces the 180 days, habeas corpus is the solution.

In all this cases you need a lawyer.

But if your spounse is a citizen, then you can apply for permanent residency. With the permanent residency, after 2 years you can apply for free and no lawyer for citizenship.

Or you can go to migraciones, to apply for precaria for 3 years, after that to apply for permanent recidency and after that you can go for free for citizenship.

[FONT=&quot]ARTICULO 22. - Se considerará "residente permanente" a todo extranjero que, con el propósito de establecerse definitivamente en el país, obtenga de la Dirección Nacional de Migraciones una admisión en tal carácter. Asimismo, se considerarán residentes permanentes los inmigrantes parientes de ciudadanos argentinos, nativos o por opción, entendiéndose como tales al cónyuge, hijos y padres.

It says nothing about being spounse of a residente temporario.

Regards
[/FONT]
 

steveinbsas

Registered
Bajo_cero2 said:
You need two years or to get married or having a baby. This means that the day after you married you are eligible for citizenship only if your spounse is a citizen.

Travel does not necesary reset the clock.

If they enforces the 180 days, habeas corpus is the solution.

In all this cases you need a lawyer.

But if your spounse is a citizen, then you can apply for permanent residency. With the permanent residency, after 2 years you can apply for free and no lawyer for citizenship.

Or you can go to migraciones, to apply for precaria for 3 years, after that to apply for permanent recidency and after that you can go for free for citizenship.

[FONT=&quot]ARTICULO 22. - Se considerará "residente permanente" a todo extranjero que, con el propósito de establecerse definitivamente en el país, obtenga de la Dirección Nacional de Migraciones una admisión en tal carácter. Asimismo, se considerarán residentes permanentes los inmigrantes parientes de ciudadanos argentinos, nativos o por opción, entendiéndose como tales al cónyuge, hijos y padres.

It says nothing about being spounse of a residente temporario.

Regards
[/FONT]
Perhaps I haven't been clear. I wanted to know if Eric will he be eligible for permanent residency as soon as they are married even if his bride only has permanent residency in Argentina and she is not yet a citizen. I don't think Eric indicated if her resident status was temporary or permanent.

If she has been here since she was three how could she still have only temporary residence? Is this what migraciones has been focusing on the past few years (patria grande?)...before they turned their "focus" toward the perma-tourists with the new decreto?


If Eric leaves and is denied reentry (migraciones enforces the 180 day limit), how is he going to get a writ of habeas corpus at the airport?
 
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