Married while overstaying. Radex or abogado / Juzgado?

[Shpongle]

I was married while overstaying, have been in the country more than 6 months in total (around 7) now, on a tourist entry.

We were told at Migraciones that I can still apply via Radex online, but I worry that they will reject me outright for applying while overstayed. OK, we have all the documentation. But if I am sent out to Paraguay now (have permanent residence there), it will be mid-January 2026 before I can see my wife again, even as we had plans to buy property and set up a business and a life here. I have an AR car and most of my things are here.

I was advised in these last months by an abogado in the juzgado to "stay in the country if you will be married and you want to show that you have strong ties to Argentina". As a result, and due to change of the recent legislation, I am now in this mess. (It's not my practice to overstay visas in the past, but I made an exception in this case.)

Maybe it is better to go through juzgado with abogado in this case, I'm really not sure with the new law which excludes the juzgado to a large degree. And, using a lawyer will be costly with no guarantee of success.

P.S. If I am radicado, I have no problem with staying in Argentina permanently. I have had many years of travel and want to settle down for good.

Any advice?

 

[Johngwyn]

Previously some member mentioned some people who entered Argentina illegally and overstayed over years even obtained their Argentine citizenship, there are court deed to verify it, and I read it months ago. It appears to me that Argentina has two sets of parallel system, the government and the court. By the court view anyone can be Argentine and encouraged to make a living here, while government dictates the rules wants you to fit into their catagories and play by their rules. Of course, you should maintain your legality at all time if possible, but if not you should be just fine.
And if you're married to an Argentine, that should give you some leverage. But it's always good to talk to a lawyer, just make sure you find a reputable lawyer.

 

[Shpongle]

Fair enough. Do you know of a reputable one?

 

[Johngwyn]

Some people here mentioned Luciano, personally I recommend Sierra Cecilia.

You can find more, but just to make sure verify the lawyer is lisenced, I was scammed by a fake lawyer once in BA.
You can verify their full name on BA bar association's website.

 

[Shpongle]

Thanks. Will speak to lawyers. Still, to reframe my initial question for people here (who may have experience with such things):

Say I apply through Radex tonight. Given that I have to give them my (sworn) address (albeit temporary)... ...what is the chance of them seeking me out at my address as a target of "enforcement" i.e. deportation for overstaying?

 

[Johngwyn]

Chances is minimum, almost impossible to deport you. Someone mentioned a while ago that a deportation order must be served to you, before anything can be done.

Unless you already have a deportation order in hand, and even then you can still hire a lawyer to stop the deportation order.

One lawyer on this forum mentioned he stopped several deportation orders.

And since you mentioned that you've applied the citizenship, that should give you some leverage to stay safe.

 

[Shpongle]

Anyone else got a knowledgeable opinion on this?

P.S. Did not mention that I've applied for citizenship yet. Would need a lawyer to do so via juzgado.

 

[dlish]

Married to an Argentinian or a foreigner?

 

[Shpongle]

...

Married to an Argentinian or a foreigner?

Argentinian of course

 

[dlish]

Argentinian of course

Then you are wayyyy over thinking this. I started the residencia process two months ago and at the time was on my 7th consecutive overstay. They didn’t ask about it at all. Just go to the appointment with your Argentinean wife and they won’t care about your overstays at all.