Traveling with precaria after tourist visa overstay

[gringovenarg]

Good evening everyone.

I'm writing this post out of an abundance of caution, just want to make sure I understand this correctly. I recently got married. My spouse is a Venezuelan national but she has her temporary residency and DNI here. My tourist visa expired about 8 months ago, but a few days after getting married (last week), we went to get my status here regularized and I just got my precaria today. We had been gathering all the documents necessary for the past half year so it was pretty straight forward. I plan on traveling back to the US early next month for 6 weeks and then returning and I have a few questions:

1. Will I still have to pay the overstay fine at the airport when I leave? What is it now and can I use a credit card?
2. Will I have any issues returning after 6 weeks?
3. Anything else I should know?

We'll be here for at least another year before we ultimately plan on moving to the US, just trying to make sure we're all good legally and won't have issues going forward. Thanks.

 

[MarryinginBA]

Hi, sorry I’m not of much use in terms of your questions however I am in a similar situation! I have overstayed by around 18 months and am about to marry an Argentinian resident and regularize. How did migraciones treat you? Was it straight forward or were they difficult?

 

[optcsa]

No, you won’t have to pay the overstay fine. Once you receive a precaria, your status is considered regularized, so Migraciones won’t charge you when you leave.
You shouldn’t have issues re-entering after 6 weeks as long as your precaria is still valid on your return date. Just bring your passport and a printed copy of the precaria (and marriage cert copy just in case).
Main thing: make sure the precaria doesn’t expire while you’re abroad — renew it before leaving if it’s close.

 

[gringovenarg]

Hi, sorry I’m not of much use in terms of your questions however I am in a similar situation! I have overstayed by around 18 months and am about to marry an Argentinian resident and regularize. How did migraciones treat you? Was it straight forward or were they difficult?

Other than being slow and government like, they treated me well! I speak Spanish but brought my spouse just in case they grilled me, but all went well.

 

[MarryinginBA]

Other than being slow and government like, they treated me well! I speak Spanish but brought my spouse just in case they grilled me, but all went well.

Thank you for your response, and sorry for hijacking your post but I’m curious - Did you use a lawyer? What did migraciones say about your over stay? I was considering going through a lawyer as I don’t have much Spanish yet but it would be great to go without one as he’s quoting $5,000+ to regularise. Others have said I need to leave the country first!

 

[gringovenarg]

No, you won’t have to pay the overstay fine. Once you receive a precaria, your status is considered regularized, so Migraciones won’t charge you when you leave.
You shouldn’t have issues re-entering after 6 weeks as long as your precaria is still valid on your return date. Just bring your passport and a printed copy of the precaria (and marriage cert copy just in case).
Main thing: make sure the precaria doesn’t expire while you’re abroad — renew it before leaving if it’s close.

Fantastic news, thank you.

Thank you for your response, and sorry for hijacking your post but I’m curious - Did you use a lawyer? What did migraciones say about your over stay? I was considering going through a lawyer as I don’t have much Spanish yet but it would be great to go without one as he’s quoting $5,000+ to regularise. Others have said I need to leave the country first!

Oh man you're getting stiffed hard by that guy. Absolutely no reason to pay over $5000 for this. Migraciones said nothing, they just asked why, I explained that the paperwork was very delayed (which was true, took me 6 months to get my damn FBI background check from the states) and that was the end of the questioning. Just get married, go into the radex portal and apply for residency via reunificacion familiar. We did a couple consultations with a lawyer just to get a feel for how to navigate my situation which amounted to a total cost of 80,000 pesos.

 

[gringovenarg]

Fantastic news, thank you.

Oh man you're getting stiffed hard by that guy. Absolutely no reason to pay over $5000 for this. Migraciones said nothing, they just asked why, I explained that the paperwork was very delayed (which was true, took me 6 months to get my damn FBI background check from the states) and that was the end of the questioning. Just get married, go into the radex portal and apply for residency via reunificacion familiar. We did a couple consultations with a lawyer just to get a feel for how to navigate my situation which amounted to a total cost of 80,000 pesos.

The lawyer I spoked to and everyone I asked at migrations said the worst thing you can do is leave the country. Regularize first before leaving.

 

[MarryinginBA]

The lawyer I spoked to and everyone I asked at migrations said the worst thing you can do is leave the country. Regularize first before leaving.

I thought so too, hence I’ve been reluctant to pay. My situation is very similar - it’s a nightmare to get an Irish criminal record certificate. Thank you so much! Im glad I stayed haha. Would you be able to share the lawyers name via private message?

 

[georgesayns]

Good afternoon
I'm currently looking into ways of becoming a resident, and one of them would be marriage with my argentinian girlfriend. (I'm going to try and get a student residency first, but based on the info I have I'm not too sure it'll work)

I unfortunately don't have any answers other than what common sense dictates (which it seems has no particular bearing on the mess that is argentine migraciones at the moment), but I do have a couple of questions, if you don't mind.

First, how quick would you say was the marriage procedure once you had all documents (duly legalized, of course).
Second, it seems you received your precaria rather quickly, was this in CABA or in a province?
Third (this is the one that concerns me the most and I recently made a thread about it), did they ask for proof of means, income (passive or otherwise), net worth etc.? If so, how thorough would you say they were in examining this aspect of your case?

 

[gringovenarg]

Good afternoon
I'm currently looking into ways of becoming a resident, and one of them would be marriage with my argentinian girlfriend. (I'm going to try and get a student residency first, but based on the info I have I'm not too sure it'll work)

I unfortunately don't have any answers other than what common sense dictates (which it seems has no particular bearing on the mess that is argentine migraciones at the moment), but I do have a couple of questions, if you don't mind.

First, how quick would you say was the marriage procedure once you had all documents (duly legalized, of course).
Second, it seems you received your precaria rather quickly, was this in CABA or in a province?
Third (this is the one that concerns me the most and I recently made a thread about it), did they ask for proof of means, income (passive or otherwise), net worth etc.? If so, how thorough would you say they were in examining this aspect of your case?

Once I got my documents together, very quick. Uploaded to radex, had my cita in person within a week. Then the same day, I got the precaria! Yes, I'm in CABA. No proof of income asked for whatsoever.