Marriage to Mercosur resident, ultima prorroga

[EricLovesBA]

Hi all. I am a U.S. perma-tourist here since July '08, alternating between 3-month extensions and trips to Colonia, Carmelo, Asuncion, and one trip back to the states. Everything has gone very smoothly until last week when I went to migraciones and they told me this was the last extension. I didn't take it too seriously until I read recent threads here, and upon looking at my passport, I discovered the "ultima prorroga" kiss of death written below my extension stamp in the passport. I have read the threads here pretty carefully on this subject, and correct me if I'm wrong:

If I try exit and reenter, for example via Colonia they will see the "ultima prorroga" decision and...
*May or may not let me back in,
*May issue a very short visa, such as 5 days, or if I'm lucky a normal 90 day stamp- business as usual.
*There is some risk of being deported when I reenter? Would I have the option to go to any neighboring country, or would I be forced in that case to go to the U.S.?
*The decision to deny further entry may be marked in the database, not only in the passport?
*I could just stay here illegally, but am I now "on the radar"? Is there any chance they will be checking to see that I left?

My case is a bit complicated because my fiance is a Paraguayan Mercosur resident. She's been a resident here since she was 3, and is now working on getting her Argentine citizenship. I think it's pretty cut and dry, but really she is just getting started and my current visa will be long-expired by the time she completes the process. Would getting married perhaps disrupt her current attempt to acquire citizenship in some way?

I don't seem to fit into any of the resident visa categories - I'm not going to school or working here. I have some income/savings, but not enough to do the rentista visa unless a solo(401k) account could be used somehow.

So I have some questions surrounding the marriage topic. if we get married now, with her still being a citizen of Paraguay, can that be used to help me establish residency, or must she first be a citizen? Does it make any difference to the final outcome if we get married before or after she acquires citizenship? Does anybody have any experience with process for getting married to a Mercosur resident here? Are there any differences as far as needed paperwork, or making it "official" - recognized by both Argentina and the US?

We really don't want to be separated from each other, nor get cornered into a situation where we can only be here 6 months at a time. We could go together to Brasil or Paraguay to avoid me overstaying my visa, but I'm concerned that could affect her application process for citizenship here.

Advice? Suggestions? What would you do in my shoes?

Thanks in advance.

 

[French jurist]

When does expire your ultima prorroga ?

You likely are in the database now, yes.
Since you were issued an ultima prorroga, I don't think you would receive another 90 days tourist visa if you go to Colonia.

If you stay under the radar, I don't think they'll be looking for you.

Time to go see a lawyer it seems ! Until then, stay in the country under the radar, best advice I can give you.

 

[steveinbsas]

My case is a bit complicated because my fiance is a Paraguayan Mercosur resident. She's been a resident here since she was 3, and is now working on getting her Argentine citizenship. I think it's pretty cut and dry, but really she is just getting started and my current visa will be long-expired by the time she completes the process. Would getting married perhaps disrupt her current attempt to acquire citizenship in some way?

So I have some questions surrounding the marriage topic. if we get married now, with her still being a citizen of Paraguay, can that be used to help me establish residency, or must she first be a citizen? Does it make any difference to the final outcome if we get married before or after she acquires citizenship? Does anybody have any experience with process for getting married to a Mercosur resident here? Are there any differences as far as needed paperwork, or making it "official" - recognized by both Argentina and the US?

We really don't want to be separated from each other, nor get cornered into a situation where we can only be here 6 months at a time. We could go together to Brasil or Paraguay to avoid me overstaying my visa, but I'm concerned that could affect her application process for citizenship here.

If your fiance has residency in Argentina (a DNI here) you should be able to marry her and stay. It should not matter that she is not a citizen of Argentina. I think you should get your paperwork together asap. The biggest hurdle will be getting an FBI report before your ultima prorroga expires. Even if that isn't possible, once you are married I think you should still be able to apply for a resident visa even after your ultima prorroga has expired (without any serious problem). That's what I was told when I was considering marrying a woman from Uruguay who had residency here. I believe a lawyer will tell you not to leave the country to try to get another 90 days, including going to Brazil or Paraguay. Perhaps your girlfriend can ask at migraciones what is acceptable and how to proceed. That's what mine did.

 

[MizzMarr]

As long as you don't leave the country for the time being you will be ok. They won't come looking for you, and you'll have time to figure out the best course of action. Good luck!

 

[EricLovesBA]

When does expire your ultima prorroga ?

The extension they just gave me, marked *ultima prorroga*, expires Dec. 28th, 2010.

So if I attempted to do the Colonia thing, how exactly does it work if they don't let you back in? Does that happen on this side of the river, or when you're in Uruguay attempting to get on the boat?

We have relatives in Paraguay and Brazil where we could stay, even for 6 months if need be, but would that be an option, or could I be forced to go back to the U.S.? Worst case of course would be getting deported - I saw on another thread here that you could get locked out of Argentina for 5 years if you're deported? Is that true - and if so, what sorts of actions could trigger that to happen?

 

[EricLovesBA]

If your fiance has residency in Argentina (a DNI here) you should be able to marry her and stay. It should not matter that she is not a citizen of Argentina.

I hope that is the case, as it would simplify things greatly.

... That's what I was told when I was considering marrying a woman from Uruguay who had residency here... Perhaps your girlfriend can ask at migraciones what is acceptable and how to proceed. That's what mine did.

Your advice about the FBI paperwork is noted. I will get started on that asap. Do you recall any other paperwork that was requested for a mercosur marriage? I suppose I need to get a divorce certificate from my previous marriage, apostiled.. not sure how to proceed on that but then I haven't researched it yet either.

 

[steveinbsas]

The extension they just gave me, marked *ultima prorroga*, expires Dec. 28th, 2010.

So if I attempted to do the Colonia thing, how exactly does it work if they don't let you back in? Does that happen on this side of the river, or when you're in Uruguay attempting to get on the boat?

Another member of this forum recently went to Colonia without realizing they had already received their ultima prorroga. She had three days left on her visa and they did not give her any extension. In other words, DON'T GO TO COLONIA if you already have an ultima prorroga!.

 

[EricLovesBA]

As long as you don't leave the country for the time being you will be ok. They won't come looking for you, and you'll have time to figure out the best course of action. Good luck!

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!

 

[steveinbsas]

Your advice about the FBI paperwork is noted. I will get started on that asap. Do you recall any other paperwork that was requested for a mercosur marriage? I suppose I need to get a divorce certificate from my previous marriage, apostiled.. not sure how to proceed on that but then I haven't researched it yet either.

I ordered a certified copy of my divorce decree on line from the Secretary of State where it was granted (Utah). It was also possible to get the seal of the Apostille (in the same building in a different office) and have it sent to a friend of mine in the US. The option for the Apostille was on the same website. I just followed the prompts and I paid Versign using paypal.

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.

I think you only need your passport to get married...and an appointment in advance for the ceremony. There is undoubtedly some paperwork. Do they still (or did they ever) require blood tests? Just have your girlfriend call the comuna in your neighborhood or drop by and ask.

 

[EricLovesBA]

I ordered a certified copy of my divorce decree on line from the Secretary of State where it was granted (Utah). It was also possible to get the seal of the Apostille (in the same building in a different office) and have it sent to a friend of mine in the US. The option for the Apostille was on the same website. I just followed the prompts and I paid Versign using paypal.

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.

Ah, that's an excellent tip! In the back of my mind I specifically remember filling out information about my divorce in my passport application. I had assumed that this status would be reflected somewhere in my passport, but now I see that it is not. One less thing I have to worry about!