Re-entry after overstaying visa

Hello all. 
My husband and I arrived in Manta in April with 12-1x extended tourist visas (180 days). We have purchased a home near Manta and are waiting for that home to be built. For many different reasons, none that are relevant for my upcoming question, we were delayed in applying for our temporary residency visas and we have now overstayed our 180 days. We have all the necessary documents to get our residency visas but when we went to do so we were told by our lawyer that we need to have a valid tourist visa to do so. We attempted to get an extension but were told that they do not offer extensions to the 12-1x visas. Our lawyer has advised us to exit Ecuador at either the Peruvian or Columbian boarder and renter to get a new 90 day Visa however we are very nervous to do so in case they will not allow our reentry since we have overstayed our original visa by so many months. Can anyone offer advice on this specific situation.

I am not sure that anyone on this forum could give you better advice than your lawyer.  If you don't like his answer, contact another immigration lawyer and get another opinion - it's not unknown for there to be several different answers for a given situation, with all of them being correct - or wrong.

I also would contact the Ministry of the Interior and ask them for their take - since they are the ones who will decide in the end.

http://www.ministeriointerior.gob.ec/migracion/

Dear  Morning Glory,

Welcome to the Ecuador forum.

The key to your success may lie in the "many different reasons" that you did not extend your stay in Ecuador legally.

Although you say they are not related to your current question, you are not an immigration lawyer so you cannot say that definitively.

A sharp lawyer may be able to argue your case with the authorities and get you an extension .. or else facilitate your exit from Ecuador with re-entry rights.

If you'd like to know what I would do, read on.

cccmedia in Ipiales, Colombia, near the Rumichaca border north of
   Tulcán, Ecuador

Here's what I recommend....

You and your husband travel from Manta to Tulcán, Ecuador, and find an immigration attorney with personal/legal experience dealing with the officials at the Rumichaca border crossing.

If he or she can't get you an extension for Ecuador -- a likely result since you overstayed -- ask the attorney to accompany to you the Ecuador offices at the border crossing.

There the attorney will argue the case, possibly with a Cancillería official posted there who is known to the attorney from previous cases, and seek the best deal possible.  If you have even one valid reason why you couldn't or didn't obtain a residency visa up till now, you may have a shot.

Bring all your papers, including documents related to your inability to apply earlier for a residency visa .. and documents showing your good faith in building a home in Manta.

If the attorney agrees, write up and get notarized a clear statement about your situation, incuding your best reason for the overstay and your commitment to becoming part of the Manta/Ecuador communities.

I recommend that if you post here again, you state the reasons why you could not or did not apply for a residency visa, so that Brother Archer and I can give you further guidance.

cccmedia near the Rumichaca Border Crossing

Hotels in Tulcán are surprisingly cheap.  Most are nothing fancy but serviceable for a night or two.

If you prefer a more upscale experience there, stay at the Chinese-themed Palacio Imperial Hotel downtown, for $53 a night per room at booking.com with "genius" discount. 

The Imperial has a Chinese restaurant and a jacuzzi/hot tub, with cheap and easy transportation connections from downtown Tulcán to the border.

cccmedia near the Rumichaca Border Crossing

I respect your frequent replies to many questions===perhaps you  can help me with my dilemma--

I was given a 30 days extension---my first and only==and must leave Ecuador early Feb.I am told not to return for nine months==however I am getting married to my Ecuadorian girl friend in Los angles while being away--

Do you think that if We presented our marriage license to the consulate in   LA we can  get  something called==CONSULAR VISA to return in early March====Thanks

Too many variables to predict the outcome here.

I would line up a recommended immigration attorney in Ecuador .. and once you have the papers showing you have married an Ecuadorian woman, have the attorney work out the best deal possible for an early return.

Since you have not revealed to us why you overstayed, you may still have a 'bullet in the chamber' to assist you in your case, although we don't know what it is.  I am presuming that you overstayed since that is the usual reason why an Expat is barred from re-entering Ecuador for nine months.  The fact that you were given 30 more days is an indication the authorities see some valid reason for your being in the country.

cccmedia

Thanks ---as a matter of fact I did not overstayed my last entry into Ecuador ==only requested an extension--somehow they added the days of my previous visits and concluded  I had exceeded the time allowed by 12 days thus must leave the country and wait nine months--

Not allowed to marry on a tourist visa ----I talked to an attorney but nothing good came out--he said laws are changing each day----Oh well==I will get married to my ecuador girlfriend and go to the consulate in Los Angeles===request some kind of visa to get back to my home in quito with my new wife---

Dodd Sheikh :

Thanks ---as a matter of fact I did not overstayed my last entry into Ecuador ==only requested an extension--somehow they added the days of my previous visits and concluded  I had exceeded the time allowed by 12 days thus must leave the country and wait nine months--

If there is contention in the number of days then simply go to the Migración, which is across the street from Mall El Jardin, and request a Certificado de Movimiento Migratorio. This document will detail all your entries and exits and the number of days you've been in Ecuador.

Thanks ----you are very kind===I will do just as you told==

New topic