Overstaying 90-day limit

[semigoodlookin]

To "start he process for residency" and get a precaria (with which you can leave and reenter the country) you will have to submit all of the required documents to migraciones, but, as Dr.Rubilar has previously posted, if you go to migraciones and are not granted a precaria you can be arrested.

The biggest hurdle would be getting the foreign background report and having it translated before your scheduled departure date. You might be exempt from providing it because you have lived in Argentina for the past three years. Check this out first!

If you don't have to provide a foreign background report I suggest you start the process for residency ASAP, beginning with getting the antecedentes penales report in Argentina. With that you can get a turno to apply for permanent residency based on your marriage.

If I was in your shoes I would not leave the country without a precaria and I would not assume I could get back in by flashing a marriage certificate. You might get a sympathetic response form the immigration official when you (try to ) return, but you don't have the right to reenter just because you are married to an Argentine citizen.

As for being a "fly with the wind kind of guy" Principal Strickland would have been more concise:

https://www.google.com.ar/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwj4wYWSjIPaAhXLhJAKHVFpCOsQtwIIKzAA&url=https://www.youtube.com/watch?v=3ndJNXCkNxg&usg=AOvVaw2ttNael08fypZlXrZh3uyL

Thanks for the advice, seems fair.

As for Mr. Strickland, he maybe should have sent Marty to the doctor. For me, my clinical depression errs towards extreme cases of apathy, maybe I can care about a handful of things in my life (even this is sometimes a challenge), but most things pass over me.

 

[jbeas176]

Bajo o and steve, if i understand this correctly, you no longer have the option, if you overstayed, to just buy a ticket and leave the country without talking to immigrations. the airline will sell you a ticket but not issue the ticket until you have resolved the situation directly with immigration. if true, thats pretty significant. are the options to pay them or be arrested? is simple deportation without being arrested an option if you refuse to pay?

 

[jbeas176]

thats pretty impressive on argentina’s side if true. no irresponsibly on over stays any more.

 

[steveinbsas]

Bajo o and steve, if i understand this correctly, you no longer have the option, if you overstayed, to just buy a ticket and leave the country without talking to immigrations. the airline will sell you a ticket but not issue the ticket until you have resolved the situation directly with immigration. if true, thats pretty significant. are the options to pay them or be arrested? is simple deportation without being arrested an option if you refuse to pay?

As far as I know, the airline will sell and issue the ticket whether or not you have overstayed.

If you have not overstayed tour visa there is no need to deal with migraciones prior to check in. The airline will issue the boarding pass and you will clear migraciones after you enter the concourse on the way to the departure gate.

If you have overstayed the airline will not issue the boarding pass until after you have resolved the issue (at the airport) by paying the fine and then presenting a stamped habilitacion de salida issued by migraciones.

I could be wrong but I don't believe it is possible be deported without first being arrested, which Dr. Rubilar has indicated will happen if you refuse to pay the overstay fee.

There was a thread just over four years ago about the option not to pay the fee upon departure and what would happen if you tried to return without paying it on line. Perhaps the 2013 decree that created this option no longer exists.

How Can I Get Back In the Country? Please help.

These posts appeared in the thread:

The policy changed in August 2013. You no longer need to pay the fine before leaving the country, but you can if you want.

QUOTE="bradlyhale, post: 237615, member: 4117"]You can read the decree here: http://www.migracion...cion_899_13.pdf

It is perfectly legal to leave the country without paying the fine as of August 2013. Those who don't pay it before returning (via the internet) won't be allowed to enter, however.[/QUOTE]

If you didn't pay the $300 peso fine upon leaving, (i.e. you didn't receive the habilitación de salida), then you currently have a debt to pay. If you don't pay that debt, then they won't let you in for sure. Nonetheless, this is going to bring you unwanted attention, so you might prepare yourself to answer questions about your irregular status.

You can pay the fine through Provincia Net using a credit card. Here are further instructions.

https://baexpats.org/threads/how-can-i-get-back-in-the-country-please-help.28697/

 

[jbeas176]

i totally agree with what your saying steve. it is way different than in the past. if you overstay, your going to deal immigrations before you leave. wow. i learned alot with this thread. i did not put 2 and 2 together when the airlines was looking for my entry stamp.

 

[jbeas176]

Another ah ha. customs would have caught it in the past, now the airlines are looking for it. i never overstay so, 12 years of blissfully passing through customs

 

[steveinbsas]

Another ah ha. customs would have caught it in the past, now the airlines are looking for it. i never overstay so, 12 years of blissfully passing through customs

I have also been living in Argentina for 12 years and never overstayed, but I'm quite certain that the airlines have always looked for the entry stamp prior to check in. I'm not sure how often and for how long any of them have allowed anyone to check in without first paying the fine. I only know of the one case in the thread I quoted earlier this afternoon.

The migraciones "window" that issues the habitacion de salida in the terminal is not the same as the migraciones "stations" within the concourse and customs (aka the Aduana) is not the same thing as migraciones. Using the appropriate terms helps avoid confusion.

It would be interesting to know that if an airline does not insist that the passenger pay the overstay fee prior to issuing the boarding pass, will the passenger be allowed to proceed to the gate after reaching the immigration station in the concourse?

The biggest difference about the overstay fine is that in 2006 it was (I believe) $50 pesos and in 2018 it is $1500. As I wrote, I never paid an overstay fee but I did pay for one prorroga in 2006 and the fee was $50. I think they have always been the same.

 

[jbeas176]

thanks steve. i never pay attention to the exit portion in any country. this has been an eye opener. you could have called be a dumbass and no offense would have been taken. i read the site to learn as much as possible about life in argentina should i decide to move there. i have always been a tourist in countries never a permatourist. thanks for the patience

 

[RandomS]

The biggest difference about the overstay fine is that in 2006 it was (I believe) $50 pesos and in 2018 it is $1500. As I wrote, I never paid an overstay fee but I did pay for one prorroga in 2006 and the fee was $50. I think they have always been the same.

Just to keep it updated - Prorroga is now $900 pesos for non Mercosur countries. Also, Habilitacion de Salida is $3000 pesos if you overstay for more than 2 years.

 

[jbeas176]

for those interested. when told by the airlines, i would not recieve my boarding passes until i was cleared through the immigrations window. i was issued a paper stating i entered on jan 2. returned to the gate. showed the document to the airline. they gave me the boarding passes. continued through primary security. thought about not showing aduana, the stations, the paper since i had a boarding pass and did not want more trouble. when i approached the station, decided to suck it up and present the document. i explained, the aduana did not put a stamp in my passport when entering. in spanish said ella es muy linda y tengo bien conversacion pero no tengo stampa muy importante. pobrecito jim. he laughed and stamped my passport. the US has no exit aduana. they let you leave un molested. they only get you when you return and try to enter.