Argentine spouse
Choose this ground if
You are in a valid, legally registered marriage with an Argentine citizen.
Essential evidence
Marriage certificate, spouse's citizenship and consistent data for both spouses.
Do not choose it if
There is only an informal relationship, the marriage has ended, or the spouse is not an Argentine citizen.
What you receive
Temporary family residence; the question of citizenship is decided separately.
What must be proved
The name of the route is not decisive; the evidence supporting its facts is. For this ground, the central proof is:
Legal structure
Marriage creates a family ground, not automatic citizenship. A sham marriage, divorce or document discrepancies can change the outcome.
- Status
- Temporary residence through family reunification
- Legal basis
- Ley 25.871, art. 23(ñ)
- Status duration
- Depends on the chosen category
- Renewal
- On the terms of the chosen category
- Work
- Depends on the conditions
- Study
- Depends on the conditions
- DNI
- Depends on the conditions
- Family
- Depends on the conditions
Who it fits
- No MERCOSUR
- Others, if they meet the ground
Who it normally does not fit
It does not fit where the central fact cannot be documented, the actual circumstances belong to another category, or identity, criminal-record or migration-history issues remain unresolved.
Eligibility check
- Confirm that you meet the chosen ground
- Prepare personal documents and evidence of the ground
- Check current Migraciones requirements before filing
- Identify the exact category and statutory provision, not only its informal label.
- Review current status, earlier filings, refusals, violations and every border movement.
- Check names, dates, places of birth and family links across all records.
- Review criminal records and any potential impediment.
- Prove that the central qualifying fact exists for the required period.
Documents
Prepare before travel
- The list depends on citizenship and the chosen ground
- Before travelling, check the apostille, translation and validity of the documents
- Valid passport and earlier passports used for entry.
- Birth, marriage, divorce and name-change records as relevant.
- Police certificates from the required countries and periods.
- Ground-specific evidence: contract, enrolment, income, pension, kinship or investment.
- Apostille or legalisation and a plan for an admissible translation.
Obtain or complete in Argentina
- The current list is set by RaDEX and Migraciones requirements for the specific case
- Proof of entry and current immigration status.
- Argentine police certificate where required.
- Domicile and local records required by the current checklist.
- Translations and certifications by accepted professionals.
- Receipts, filing certificate, precaria, notices and a complete case copy.
The exact checklist depends on nationality, issuing country, age, family status and immigration history. Validity, format, apostille or legalisation and translation must be checked before filing.
Procedure
- Check the ground and immigration history
- Collect documents from the country of origin
- Confirm the filing channel
- Monitor electronic notices and requests
- Legally classify the case and compare alternatives.
- Build a document, validity, apostille and translation matrix.
- Resolve inconsistencies before filing.
- Use the current channel and correct category; retain every receipt.
- Monitor notices, requests and appointments.
- After approval, check residence, DNI, renewal and travel limits.
Timing and costs
The duration of a status is not the processing time. Real timing depends on completeness, appointments, agency requests and workload. Official fees must be checked immediately before payment.
Additional costs: apostilles, translations, notarial and other costs.
Outcome and limits
Status: Temporary residence through family reunification. DNI: Depends on the conditions. Work: Depends on the conditions.
One person’s status does not automatically extend to relatives. Each adult and child needs a separate review of legal ground, evidence and effects.
Renewal, permanent residence and citizenship
Renewal: On the terms of the chosen category.
Permanent residence: The possible path depends on the category, the term and meeting the requirements.
Citizenship: Considered separately under the current version of Law No. 346.
The May 29, 2025 reform and judicial strategy
DNU 366/2025 was published on May 29, 2025. It moved ordinary naturalisation to Dirección Nacional de Migraciones, required two years of continuous lawful residence immediately before filing, and defined continuity as no departures. For immigration purposes, a link to an Argentine child or spouse now supports temporary residence rather than automatic permanent residence or citizenship.
A constitutional challenge may be considered as an individual litigation strategy. On June 30, 2026, the National Electoral Chamber in “Yang, Liping” confirmed federal electoral-court jurisdiction and held DNU 366/2025 invalid because the Executive exceeded constitutional authority. In a suitable case, counsel may ask the court to apply Law 346 as it stood before May 29, 2025.
This is a significant precedent, not a guaranteed or automatic “old route” for every parent. Parenthood alone does not waive the requirements of the applicable regime. An official prosecutorial opinion has also defended the opposite position. Filing date and method, residence, travel, family facts, jurisdiction and procedural risk require individual review.
Risks and refusal grounds
- Incomplete or contradictory documents
- The actual situation does not match the ground
- Changes in requirements or practice
- Relying on outdated instructions
- Confusing precaria, residence, DNI and citizenship
- Evidence proves a similar fact but not the legal ground.
- Expired record, missing apostille or inadmissible translation.
- Unexplained differences in names, dates or parentage.
- Missed notice, appointment or response deadline.
- Actual activity differs from the declared category.
- Assuming one status automatically covers the family.
- Travel, violations or earlier refusals were not reviewed.
Frequently asked questions
Does this ground guarantee a result?
Can I use an old document checklist?
After the reform, can parents apply for citizenship under the previous court procedure?
Does the National Electoral Chamber ruling guarantee a positive result?
Is having a child who is an Argentine citizen enough?
Sources and review date
Sources checked August 6, 2026. Court decisions may be appealed or applied differently depending on the facts.
This is general information, not individual legal advice. Rules, fees and practice may change; official sources and the applicant’s documents must be rechecked before filing.