Argentina Nationality through Marriage

Argentine law specifies that Argentina nationality is granted exclusively to individuals born within the country’s borders. Those born outside Argentina have two avenues to acquire Argentine citizenship: through the “option for Argentine citizenship” or the naturalization process. In other words,  if someone is born in Argentina, he/she becomes automatically an Argentine citizen. But if he/she is born elsewhere, like a foreigner, you have two options to become a Citizen of Argentina. Depends if the parents are Argentinians or Foreigners. 

№1: Option for Argentine Citizenship born Abroad

The option for Argentina nationality is a legal pathway that allows individuals born abroad, specifically children of Argentine native citizens, to obtain Argentine citizenship. Basically, children of Argentinan citizens can choose to become citizens of Argentina by option or hold a foreign passport only.

№2: Naturalization

Naturalization is the process where the spouses of Argentine citizens can acquire Argentina nationality. In essence, if somebody married an Argentine citizen or has lived in Argentina for two years continuously, they will be eligible for Argentine citizenship.

 

Note that getting Argentine citizenship doesn’t mean you have to give up your current citizenship, as it depends on each country’s policies.

 

To get this Argentina nationality via “naturalization”, you have to go through a legal procedure in Argentina. In case you’re outside of Argentina or in Buenos Aires, you need to visit the National Chamber of Appeals in Civil and Commercial Federal to kick off the process. Here is the address in Buenos Aires: Talcahuano 550 (Ground Floor, Office 2083) any business day from 7:30 to 13:30.

 

Once you’re all set, you’ll receive a “citizenship letter,” and you can use that to get your Argentine Permanent Residency ID card and Argentine Passport.  

 

Requirements:

 

You must be 18 years or older.
You should marry an Argentine citizen or have lived continuously in Argentina for 2 years.

Required Documents:

Marriage certificate or proof of residing in Argentina for 2 years, as certified by the Dirección Nacional de Migraciones (DNM). If your marriage was registered outside Argentina, make sure to authorize your marriage in Argentina before proceeding, as per these guidelines.

Photocopy of your ID and/or passport.

Criminal record check.

Residence certificate (certificado de domicilio).

Proof of financial resources, which can include an employment contract, employment certificate, or salary receipt. For those who have Argentine children, include photocopies of their birth certificates and DNM certificates.

Two Pathways of Becoming an Argentine Citizen and Birth Certificate Registration

You can choose to become an Argentine citizen in two ways: either inside Argentina at the Civil Registry, or outside Argentina at the nearest Argentine Embassy or Consulate. But, no matter where you do it, you’ll need to make sure your birth certificate is registered with the Argentine Embassy or Consulate that covers your place of birth beforehand.

Steps for Argentine Citizenship Application in Argentina

The process within the country is much easier than processing it through Argentine embassies because we will have direct access to the court. For instance, if want to go through the process for Argentine citizenship in Argentina, make sure to register your birth certificate before initiating the citizenship application within the country. 

Argentine Citizenship Application from Abroad: Procedure and Considerations

Now, let’s discuss the scenario, when you choose to pursue Argentine citizenship while living abroad in the US, you’ll need to go through the process at the Argentine Embassy in that Specific country. In this scenario, please consider the following: 

For those who were born in the US and currently live there, you can handle your birth certificate registration and Argentine citizenship all in one go at the Embassy during a single appointment.

But, if you’re living in the US and were born somewhere else, you’ve got to do things a bit differently. Before you set up an appointment for Argentine citizenship at the Embassy in the US, you first need to get your birth certificate registered at the Argentine Embassy or Consulate for the place where you were born. In case if you can’t make the trip back to your birthplace, you can get help from the Argentine Embassy in the US by sending an email. 

Argentine Residency Processing at the Embassy

Once you’ve finished the Argentine citizenship process at the Embassy, you’ll receive an Argentine DNI, and it will be mailed to the Embassy for you to pick up.

Age Requirements for Biometric Passport for Argentine Citizenship Applicants

Applicants under 14 years old, they can also request a new Argentine biometric Passport or an Emergency Passport.

If the applicant is 14 years old or older, they can apply for an Argentine passport only after receiving their first Argentine DNI.

Those who are 18 years of age must opt for Argentine citizenship together with both parents. Applicants aged 18 and above can independently carry out the procedure without requiring parental consent.

Required Documentation for Argentine Citizenship Application in the Consulate in your home country

If you are born and residing abroad with Argentinian Parents:

You’ll need the applicant’s birth certificate issued by local authorities in your home country. Make sure it’s signed and stamped by an official from the relevant Local Government authority. Also, the official’s signature should be legalized with an apostille by a notary public. The birth certificate should contain information about the child born outside Argentina and their parents. Additionally, the birth certificate should include the child’s date of birth (e.g., “Alejandro Fernandez was born on June 10, 2002”), which you’ll need to request from your home country authorities using the necessary procedure.

For Children in Another Country of Residence: 

You must provide a certificate of registration of the birth certificate granted by the Argentine Embassy or Consulate with jurisdiction over the place of birth.

Argentine Parent’s Birth Certificate:
You need the Argentine birth certificate of either the father or mother. If both parents are Argentine, just one certificate is sufficient.

For Applicants Under 18 Years:

You should provide the DNI of both parents (only if both are Argentinian). If one parent is Argentinian and the other is not, you need the DNI of one Argentinian parent and the passport of the non-Argentine parent.

In Case of a Deceased Parent:

If one parent has passed away, you’ll need to provide documentary evidence of their death. Submit a certified death certificate if the death occurred in Argentina. In case the death took place in your home country, you should provide your home country authorities’ equivalent document. Also with a Spanish translation. For deaths in a third country, submit the equivalent document from the relevant authorities, legalize at the Argentine Embassy/Consulate with jurisdiction over the place of death.

Conclusion

In essence, there are different requirements for different situations. Argentina immigration is complex, just like any other. Reach out to Immi Legal to get help from our professional Argentinian lawyers.