Marriage to Mercosur resident, ultima prorroga

[EricLovesBA]

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.

This really does seem to be the million dollar question. Seems I'm getting conflicting answers from difference sources. Just to throw it out there one more time, and bump and clarify the original question which started this thread:

My fiancee is a Paraguayan permanent Mercosur resident of Argentina who has lived here almost her entire life. If I marry her now, can this be the basis for me (a U.S. citizen) to obtain residency here in Argentina? Does anybody have direct experience with this?

 

[steveinbsas]

This really does seem to be the million dollar question. Seems I'm getting conflicting answers from difference sources. Just to throw it out there one more time, and bump and clarify the original question which started this thread:

My fiancee is a Paraguayan permanent Mercosur resident of Argentina who has lived here almost her entire life. If I marry her now, can this be the basis for me (a U.S. citizen) to obtain residency here in Argentina? Does anybody have direct experience with this?

Yes, I do.

You state that she a "Paraguayan permanent Mercosur resident of Argentina."

Does she have a DNI issued in Argentina by the Registro Nacional de las Personas (RNP)?

If so, what is the categoria de ingreso?

If there is a box to the right of that phrase and if "TEMP" has a line thorough it and "PERM" does not, she is a permanent resident.

If she is a permanent resident of Argentina you can marry her and that will be the basis for you to obtain permanent residency, too.

 

[Bajo_cero2]

The answer is yes, I already posted the law in spanish. Regards

 

[steveinbsas]

The answer is yes, I already posted the law in spanish. Regards

Posting the law in Spanish (as you have done several times) on this forum doesn't do as much good as you might think. Two members (one who is married to Argentine woman) didn't understand what "ultima prorroga" meant when it was written in their passports at migraciones.

Another member (who is also married to an Argentine woman) didn't know that he had ten days to leave the country after paying an overstay fine. He believed he had to stay out of the country for ten days before returning. He misinterpreted what was written on the receipt for the overstay fine.

Given that level of ignorance of basic Spanish, I'm afraid your legal quotes are lost on most of us here (including me when trying to wade through the legal jargon incorporated into the laws you are quoting). But muchas gracias for all your help, nonetheless.

 

[French jurist]

didn't understand what "ultima prorroga" meant when it was written in their passports at migraciones.

Or simply some people don't mind checking in detail the stamps they are given because frankly ultima/ultimate should "bring the flea on the ear" like we say in french.

 

[EricLovesBA]

If there is a box to the right of that phrase and if "TEMP" has a line thorough it and "PERM" does not, she is a permanent resident.

Yes, the word 'temp' is crossed out. She's a permanent resident.

 

[EricLovesBA]

[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.


[/FONT]

Ah, thank you! I did indeed miss that part earlier. As Steve described, my eyes kind of glaze over when I read Spanish legal documents. That is great news!

 

[steveinbsas]

Yes, the word 'temp' is crossed out. She's a permanent resident.

Yippee!

 

[EricLovesBA]

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.

...

[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]

Ok, lol, I think I misread this twice. So what you're saying is that no, it doesn't help that she's a resident, whether it's temporary or permanent. She must be a citizen for me to be a "pariente" by marriage. I tried my hand at translating articulo 22 into English. Is this translation more or less correct?

"Article 22. We will consider for "permanent residency" any foreigner who, with definite intention of residing in Argentina, obtains from DNM an application for the same. Also, we consider as permanent residents those immigrant relatives of Argentine citizens, native or by choice, understood to be spouse, children, or parents."

 

[steveinbsas]

Ok, lol, I think I misread this twice. So what you're saying is that no, it doesn't help that she's a resident, whether it's temporary or permanent. She must be a citizen for me to be a "pariente" by marriage. I tried my hand at translating articulo 22 into English. Is this translation more or less correct?

"Article 22. We will consider for "permanent residency" any foreigner who, with definite intention of residing in Argentina, obtains from DNM an application for the same. Also, we consider as permanent residents those immigrant relatives of Argentine citizens, native or by choice, understood to be spouse, children, or parents."

Eric, you are mixing apples and oranges. Foreigners and their dependents who obtain permanent residency from the DNM are a separate category from immigrants who are married to or are the child or parent of an Argentine citizen.

I am a US citizen and I have permanent residency granted by the DNM (after three years as a temporary resident). If I marry a woman (even from a non Mercorsur country), she should be eligible for permanent residency as my dependent, provided she can present the necessary documents (passport, birth certificate, criminal report) to migraciones.

It doesn't matter that I am not a citizen. My spouse can also be a permanent resident.