Re-entering Argentina at EZE after exceeding 180-day cap for tourists

[ben]

I would concur with @steveinbsas. Though not huge, the likelihood of you running into problems at Ezeiza as a de facto resident posing as a pseudo-tourist is way higher than the following sequence of events taking place:

1. you come onto AFIP’s radar at all in the first place;
2. AFIP then decides to go after a US company doing no business at all in Argentina, aside from a remote employee incidentally moving there.

Never say never, but that is simply not going to happen. Whereas the possibility of running into major headaches with immigration here, while not huge, is decidedly there.

PS For a travel agent (or really anyone except, perhaps, a highly competent attorney) who recommends to a client to abuse a tourist facility with impunity, would IMHO be the height of irresponsibility.

 

[semigoodlookin]

I would concur with @steveinbsas. Though not huge, the likelihood of you running into problems at Ezeiza as a de facto resident posing as a pseudo-tourist is way higher than the following sequence of events taking place:

1. you come onto AFIP’s radar at all in the first place;
2. AFIP then decides to go after a US company doing no business at all in Argentina, aside from a remote employee incidentally moving there.

Never say never, but that is simply not going to happen. Whereas the possibility of running into major headaches with immigration here, while not huge, is decidedly there.

PS For a travel agent (or really anyone except, perhaps, a highly competent attorney) who recommends to a client to abuse a tourist facility with impunity, would IMHO be the height of irresponsibility.

Wouldn't him coming on to AFIP's radar depend how he access his money?

If he banks here or uses services like More or Argenper, AFIP could find out. I am presuming Fiscal would be transferring the money he earns in the US to Argentina, of course.

Btw, I also agree Fiscal should complete the residency.

 

[Fiscal]

Frankly, I think you should be far more worried about being denied reentry than generating a "tax event" for your company.

I believe you posted in another thread that your reoccurring reentries have prompted questions from migration officials.

I don't think you shared your answers here, but, as 180 days is the max for a tourist, it would be interesting to know what you've been telling the officials.

Regardless of what you've been telling them, it looks like you are playing Argentine roulette with migraciones and I'd bet that sooner or later they will tell you that you can't reenter, even though you have an Argentine son.

You probably know you can apply for citizenship without fulfilling the two year residency requirement, but that will still take time and perhaps a lawyer as you don't have a DNI.

The member known as juantime was recently denied reentry even though his citizenship application was already in the works.

PS: I don't know if juantime asked his travel agent (or took advice from anyone who sells airline tickets) if he would have a problem with reentry due to previous abuses of the I-94 as his application for citizenship was already in progress, and I'm not sure even a good citizenship lawyer would be able to tell you with absolute certainty that you will be allowed to reenter repeatedly (every 4-6 weeks) after the initial 180 days allowed as a tourist in one years have expired.

I've never exceeded the 180-day limit before so they could not deny me entry on that basis. The officers just look my passport with a puzzled look observing all the stamps, ask me when was the last time I entered, when I left, what I'm doing here, what address am I staying at, who am I seeing, is my wife Argentinian or an immigrant, when I'm leaving, that sort of thing.

I did not know I could apply for citizenship without permanent residency first. I guess I should contact an immigration lawyer.

 

[Fiscal]

Wouldn't him coming on to AFIP's radar depend how he access his money?

If he banks here or uses services like More or Argenper, AFIP could find out. I am presuming Fiscal would be transferring the money he earns in the US to Argentina, of course.

Btw, I also agree Fiscal should complete the residency.

But won't completing my residency, and putting myself "en blanco" automatically get me flagged with AFIP?

I don't maintain a bank account in Argentina. I usually just spend money on my credit card, withdraw about $15,000 pesos from ATM machines, or go to the casino and get a large cash advance on a credit card.

 

[Fiscal]

Also, is it 180 days per calendar year (Jan - Dec) or 180 days in the past 12 months (August 2018 - August 2019)? If it is the former, I won't have exceeded the limit.

 

[ben]

Wouldn't him coming on to AFIP's radar depend how he access his money?

Yes, obviously not getting on AFIP’s radar means not doing anything that would obviously effect that result.
It means not transferring any substantial monies here via formal channels.
(15000 per month via ATM I doubt would raise any issues, it's 300 dollars - though I’m no expert).
Using foreign credit cards (within reason) shouldn’t be a problem either.
Many people live here in this manner (even have local cards, again normal use not hundreds of thousands of pesos) and I have not heard of anyone having any issues, ever. Even AFIP simply has bigger fish to fry.

Transfer half a million pesos, and then you need to think of how to do that without running into problems. That‘s what financieras are for.

Btw, I also agree Fiscal should complete the residency.

Without doubt.

 

[steveinbsas]

Also, is it 180 days per calendar year (Jan - Dec) or 180 days in the past 12 months (August 2018 - August 2019)? If it is the former, I won't have exceeded the limit.

I'm sure it's the latter and if you continue to travel outside the country you may risk being denied reentry and do not at least have a precaria.

That risk should be eliminated if you have a precaria and even if you don't, I wonder if it might be mitigated if you are traveling with your wife and child.

PS: I still wonder if it would make any differenceto migraciones if your wife is Argentine or from another country as well as if being the parent of an Argentine child would get you a pass if you were traveling alone (but with "proof" of your marriage and parenthood).

PS 2: I believe AFIP .bases tax liabilities on the calendar year while migraciones looks at the actual dates of ingress and egress and the time spent in Argentina between those dates, regardless of the year.

 

[semigoodlookin]

I had my precaria for over a year and no questions were being asked of me about when I planned to resolve my situation when I would renew it every 3 months (which can be done online). Perhaps Fiscal it would be worth moving far enough ahead with the residency to get your precaria to give you more time to decide what you want to do.

I also had the prorroga for a year as I was waiting to present my police report. This also had to be renewed sporadically at the immigrations office, but again no questions were ever asked of me.

 

[Juantime]

Hello from Canada... still.

 

[Fiscal]

Hello from Canada... still.

What happened? How long did you overstay?