While overstaying, I decided to get married. What to do?

[casado]

Hello,

I've been living in Argentina for almost 2 years. Before Covid, I'd left a few times to go home, or to go to Colonia. Then Covid came and I haven't left since. So my visa "expired" over a year ago.

For this whole period, I've been in a relationship with an Argentine woman. Now we've decided to get married. This is where the migration confusion comes into play.

There are two considerations I need to take care of: the first is organizing the marriage/residency process in the easiest way possible. But paper work takes a long time. Right now, we're trying to schedule a matrimonio civil. But things are backed up.

More importantly I want to be here in good standing while I wait to get married. At some point, I might have to return to my home country. I'd hate to not be able to get back to my fiance. But also, I'd like to take a vacation with her domestically; hopefully my overstayed tourist stamp won't cause any problems.

I was wondering if the collective wisdom here had any advice for how I should proceed. Should I just get the turno for the civil, and hope I don't have to leave before we can get married? I don't know if that's the best way. I was also going to apply for residency now, just to have a evidence that a process had started, but I don't know if it's a good idea to start a process on one visa when I'm trying to really get another visa.

Worth it to send my figure prints for antecedentes penales? Worth it to just get a migration lawyer?

Thanks to anyone who has advice. To be clear, I want a visa so I can be with my future wife, not a wife so I can have a future visa.

 

[¡Sencillamente yo!]

I am not a lawyer, but it would be my opinion that getting married gives you standing with respect to being able to be in the country legally. So even though you care not to get married to have a future visa, you get it anyway. So as long as you know the true reason you care to get married, why put yourself through hoops doing things the hard way? BTW - I wish you a long, happy life together.

 

[casado]

Thanks very much for your well wishes!

When I do get married, I'll definitely be going the spousal route to live here legitametely. What I'm wondering about is the best course of action in the meantime, as the tourist visa may finally really expire March 17th. And it's not like I can go do a visa run, because until the borders open I believe I can leave, but not return.

Contrary to my expectations, I can't just go and get married on the weekend. Rather, you have to wait for an appointment, and they're pretty backed up.

 

[dsp27]

You will be fine. This is Argentina -- domestic travel won't be an issue. Wait to travel int'l until civil union is done and get the precaria. While you wait for a slot for the civil union start getting all the other documents you'd need from your home country like antecedentes penales etc.
Once you have all the docs apply on radex and you will get an a precaria in 48hs and a cita for about 5 weeks after. Having overstayed your visa (although you have NOT so far) is an administrative infringement that has zero consequence on you getting a residency. I had overstayed once (paid the small fine) and am now a resident.

 

[FrankPintor]

I believe that in CABA you can get appointments for a civil marriage for May, it seems that you need to get the appointment on the webpage shortly after midnight. The documentation requirements seem fairly simple (no antecedentes for example), DNI / Passport, previous marriage / divorce certificates (apostilled), that's basically it as far as I know.

 

[semigoodlookin]

I had overstayed four years when I got married, and no one cared. I got married and waited another three years before finally sorting out residency, and no one cared. During those years I kept renewing the precaria and prorroga, and no one cared. Although, that was 2014-2017. I left Argentina three times during those three years, twice without precaria prorroga (you guessed it, no one cared... after I paid) and once with the documents (was actually the time I got the most questions).

Getting married was incredibly easy, just identify myself with my passport and do a blood test.

 

[cbbsas]

I believe that in CABA you can get appointments for a civil marriage for May, it seems that you need to get the appointment on the webpage shortly after midnight. The documentation requirements seem fairly simple (no antecedentes for example), DNI / Passport, previous marriage / divorce certificates (apostilled), that's basically it as far as I know.

Hello - trying to get an appointment for a civil marriage and not finding anything, what makes you think there's availability in May? Dime mas! And after midnight is a new tip... so far it's been months of nothing... thank you

 

[FrankPintor]

Hello - trying to get an appointment for a civil marriage and not finding anything, what makes you think there's availability in May? Dime mas! And after midnight is a new tip... so far it's been months of nothing... thank you

Well, my girlfriend did some searching and found a conversation in Facebook where people shared their experience of trying to get a date for the civil marriage: it appears (though there's no official confirmation) that only a certain number of applications are processed each day, and people who try shortly after midnight to get a date have most success. I'll give you 3 guesses how I know there are dates available in May if you book now ;-)

We didn't see anything about blood tests though.

 

[cbbsas]

No the blood tests were eradicated around 3 years ago

 

[cholita]

Thanks to everyone for the info. Can anyone confirm the timeline for getting necessary status to be able to leave and get back into Argentina once the civil marriage is done? I see above that with proper documentation you can get the precaria within 48 hours of marriage, and then a turno within around 5 weeks- is completing that turno necessary to be able to re-enter Argentina, or would the precaria suffice?

My main goal is to be able to visit my family in the US in June return around August of this year. I'd love any opinions on whether is makes sense to deal with the marriage/residencia process now or just hope that tourists are let back in by later this year? My partner and I genuinely do want to get married, but we were hoping to wait for him to meet my family in the US before doing so (which per my other thread looks like May not happen until 2022).