Overstaying 90-day limit

[Gabrielber]

thank you for you insist!

 

[HansvK]

Since your wife was born here I will assume she is a citizen. Thus the path citizenship is fairly straight forward as you are entitled to it because because you are married to Argentinian. Law 346 Art 2.7 see below and the link at the bottom of the post. So as Steve pointed you have allot going for with the time here and the fact you married to an Argentinian. Good luck!


CITIZENSHIP LAW

Law 346

The Senate and Chamber of Deputies of the Argentine Nation gathered in Congress, etc., sanction with force of
law:

Title 1 - Of the Argentines

Art. 1 ° They are Argentines:

- 1 ° All individuals born or born in the territory of the Argentine Republic, whatever the nationality of their parents, with the exception of the children of foreign Ministers and members of the Legation residing in the Republic.

- 2 ° The children of native Argentines, who having been born in a foreign country opt for the citizenship of origin.

- 3 ° Those born in the Legations and warships of the Republic.

- 4 ° Those born in the republics that were part of the United Provinces of the Río de la Plata, before the emancipation of those, and who have resided in the territory of the Nation, expressing their will to be so.

- 5 ° Those born in neutral seas under the Argentine flag.

Title 2 - Citizens by naturalization

Art. 2 - They are citizens by naturalization:

1 Foreigners over 18 years of age, who resided in the Republic for two consecutive years and expressed their willingness to be before the federal judges of section.

2 Foreigners who accredit said judges to have lent, whatever the time of their residence, some of the following services:

1 ° To have honestly carried out jobs in the Nation, or in the provinces, inside or outside the Republic.

2 ° Have served in the Army or in the squad, or have attended a war function in defense of the Nation.

3 ° Have established a new industry in the country, or introduced a useful invention.

4th Be a businessman or railroad builder in any of the provinces.

5 ° To be part of the established colonies or to be established in future, either in national territories or those of the provinces, provided that they possess some real property in them.

6 ° To inhabit or populate national territories in the current border lines or outside them.

7 ° To be married to an Argentine woman in any of the Provinces.

https://translate.google.com/transl...nexos/45000-49999/48854/norma.htm&prev=search

Hello, so if you're married citizenship is automatic? How long does that process take, anyone any idea, thanks.

 

[steveinbsas]

Hello, so if you're married citizenship is automatic? How long does that process take, anyone any idea, thanks.

Based on a number of recent posts about this issue I believe the following:

If you are married to an Argentine citizen you are eligible to apply for citizenship through the federal court that has jurisdiction. It is not automatic.

In theory, the two years of continuos physical presence is not a legal requirement if you´re married to an Argentine , but some judges insist on it.

The process takes about a year.

If the court insists you fulfill the two year residency requirement...and you don´t...you may be able to start the process after one year in Argentina, but that is up to the court.

You´ll have to demonstrate that you have an honest means of living, but if you can´t, your spouse can sign an affidavit that she can support you.

 

[steveinbsas]

PS: Here´s a thread showing how much confusion there has been regarding this issue: A question about citizenship, please

 

[Pensador]

Everything here is like flipping a coin heads or tails and most have no clue about what the hell they are doing anyway.

 

[Butterpopcorn]

If you overstay and you go to immigration after the 90 days are over they might arrest you to “check your address”. So, someone has to be at your apartment to tell police you live there. Meanwhile the arrest is very civilized and you are not going to be in jail.
So, if you overstay just do it and pay the fine avoiding the DNM.
They need an arrest order confirmed by a judge to arrest you for deportation unless you show up at the immigration building, they don’t need the order there.

This is other topic sorry everyone.Anyway Bajo,is it still possible to get AR citizenship with two years of illegal stay?

 

[HansvK]

Based on a number of recent posts about this issue I believe the following:

If you are married to an Argentine citizen you are eligible to apply for citizenship through the federal court that has jurisdiction. It is not automatic.

In theory, the two years of continuos physical presence is not a legal requirement if you´re married to an Argentine , but some judges insist on it.

The process takes about a year.

If the court insists you fulfill the two year residency requirement...and you don´t...you may be able to start the process after one year in Argentina, but that is up to the court.

You´ll have to demonstrate that you have an honest means of living, but if you can´t, your spouse can sign an affidavit that she can support you.

Thanks Steve, appreciated.

 

[Bajo_cero2]

This is other topic sorry everyone.Anyway Bajo,is it still possible to get AR citizenship with two years of illegal stay?

Yes.

 

[Bajo_cero2]

Based on a number of recent posts about this issue I believe the following:

If you are married to an Argentine citizen you are eligible to apply for citizenship through the federal court that has jurisdiction. It is not automatic.

In theory, the two years of continuos physical presence is not a legal requirement if you´re married to an Argentine , but some judges insist on it.

The process takes about a year.

If the court insists you fulfill the two year residency requirement...and you don´t...you may be able to start the process after one year in Argentina, but that is up to the court.

You´ll have to demonstrate that you have an honest means of living, but if you can´t, your spouse can sign an affidavit that she can support you.

Marriage is a by pass to the requirement of 2 years. Plus the DNU 70/2017 does not apply for this.

 

[Malcha]

You can extend your 90 day visa once at the office of migraciones. in Retiro.

You must ask for the prorroga de permencia (extension of stay).

An advance turno may now be require. I believe the cost is $600 pesos. The last amount I saw for the overstay fine was also $600 pesos.

I believe it would be very wise to get an extension of your tourist visa and equally unwise to overstay it.

Migraciones might not hunt you down (at least not immediately) if you overstay but your life could become extremely unpleasant if, for any reason, you were asked to show your passport with a valid tourist stamp and yours had expired.

Being in an accident or the victim of a robbery are just the first two scenarios that come to mind. View attachment 4810

PS: if you do overstay the 90 day visa you will still have a 30 day grace period to extend it by 90 days, but (last I heard) the cost will increase by 50%. If you go after the grace period expires you could be arrested on the spot and detained until you are deported and that could take anywhere from a couple weeks to a couple months.

I just wanted to make sure please-I got here October 12th and have to go back to the States for work on January 26th (I will plan my residency after). So I can just show up at the airport even if I'm 14 days over and just pay a fee? I will still be able to leave and catch my flight? Thanks so much as I'm at a loss for finding quality information on Arg sites!