Married while overstaying. Radex or abogado / Juzgado?

[Johngwyn]

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.

Exactly, in reality nobody cares about overstay or what so ever on the paper stays on the paper.

 

[Shpongle]

Thanks for the positive words, guys.

However... while I hope that you are right, two months DNU 366/2025 was not in place. That went into force on 29 May 2025. Migration law in Argentina is not getting easier but harder for anyone not here on a strictly legal & correct basis. I was unfortunate enough to be caught overstaying now, of all times.

That's the only reason I have concerns about this. An older post suggests this was never a problem previously.

 

[Johngwyn]

Thanks for the positive words, guys.

However... while I hope that you are right, two months DNU 366/2025 was not in place. That went into force on 29 May 2025. Migration law in Argentina is not getting easier but harder for anyone not here on a strictly legal & correct basis. I was unfortunate enough to be caught overstaying now, of all times.

That's the only reason I have concerns about this. An older post suggests this was never a problem previously.

There is a difference between law and enforcing the law. DNU wasn't even a law, it's an executive order.
The current DNU is pretty much a garbage written by Milei, as one of the promises that he never actualized.
Besides what are the institutions would be created to facilitate the massive deportation? None and never.

I remember seen one post you wrote, are you applying citizenship in Formosa? Any updates?

 

[rstanf]

Thanks for the positive words, guys.

However... while I hope that you are right, two months DNU 366/2025 was not in place. That went into force on 29 May 2025. Migration law in Argentina is not getting easier but harder for anyone not here on a strictly legal & correct basis. I was unfortunate enough to be caught overstaying now, of all times.

That's the only reason I have concerns about this. An older post suggests this was never a problem previously.

Hello Shpongle,

Did you have any issues getting married while overstaying/on irregular status? I just spoke to a lawyer [unsure of their credentials] who told me that marriages done where one party has irregular status are technically invalid and can be nullified by the courts. I don’t know how accurate this information is, as I haven’t seen it listed in any official requirements, nor has it come up on this forum. As someone who was recently married under irregular status and after the new guidelines have been passed, have you/did you have any issues with your marriage? How has the ensuing process of getting your temporary residency been?

Many thanks.

 

[Shpongle]

@Johngwyn Not citizenship. Just precaria at this stage. And it wouldn't be mass deportation. Just me, who presented himself freely to Migraciones for regularisation

@rstanf Thanks for sharing, that's a bit worying, though I would assume it's for extreme cases e.g. if one of the parties was a known criminal (just guessing here). If any such precedent exists, the gap between its existence and it being enforced is fairly large I would guess, especially out here in the provinces? We had absolutely no problems with the marriage, it was registered fine. We submitted our final documents on Friday. It will be a while before there is news. Migraciones suggest coming back to check before end of November, if we hear nothing by then.

I would suggest getting married while you are on your valid entry or tourist visa timer -- or come back later if you still need to await documents from your home country -- it's far less stress.

One question I have for others is whether a deportation order can be interrupted or invalidated, If they end up denying my precaria and issuing such an order?

 

[Shpongle]

@rstanf I googled "is there a law in argentina that allows nullification of marriages based on immigration status".

The basic idea is that if the authorities have reason to believe that your marriage is a sham and is purely for immigration purposes, then yes, this CAN apply. That makes complete sense, show me a country that wouldn't have such a law. I'm not worried on those grounds.

 

[rstanf]

@rstanf I googled "is there a law in argentina that allows nullification of marriages based on immigration status".

The basic idea is that if the authorities have reason to believe that your marriage is a sham and is purely for immigration purposes, then yes, this CAN apply. That makes complete sense, show me a country that wouldn't have such a law. I'm not worried on those grounds.

Yeah, that would be expected but that seems distinct from what I was being told from the [alleged] immigration lawyer. It seems like many people here have been married while on irregular status/overstaying a tourist visa and have never had issues, and I don't see it listed as a requirement on any official gov site, so I'm going to stay optimistic and assume it won't cause me and my partner any issues. Thanks for your insight!

 

[Sparta]

Yeah, that would be expected but that seems distinct from what I was being told from the [alleged] immigration lawyer. It seems like many people here have been married while on irregular status/overstaying a tourist visa and have never had issues, and I don't see it listed as a requirement on any official gov site, so I'm going to stay optimistic and assume it won't cause me and my partner any issues. Thanks for your insight!

The average lawyer's tactic is to terrify you into begging them to protect you (for a fee, of course).

 

[Bajo_cero2]

@rstanf I googled "is there a law in argentina that allows nullification of marriages based on immigration status".

The basic idea is that if the authorities have reason to believe that your marriage is a sham and is purely for immigration purposes, then yes, this CAN apply. That makes complete sense, show me a country that wouldn't have such a law. I'm not worried on those grounds.

Yes. It is a crime no

@rstanf I googled "is there a law in argentina that allows nullification of marriages based on immigration status".

The basic idea is that if the authorities have reason to believe that your marriage is a sham and is purely for immigration purposes, then yes, this CAN apply. That makes complete sense, show me a country that wouldn't have such a law. I'm not worried on those grounds.

Art. 118 law 25.871, it is a crime.