"New Immigration Regulations"

[limejello]

Yes, my husband is Mexican. We came to the U.S. in 2009 on a fiancé visa and got married here. Our son was born in Merida in 2008, and our daughter was born in the U.S. in 2010. We still have to register her birth with the Mexican consulate here, but once that's done we'll get a Mexican passport for her as well.

V's right, my husband's income wouldn't be regular. Most small-town work is paid in cash, not via direct deposit. This would make it difficult to prove anything. It would probably be a question of going to the INM in Merida and asking what they need to see. If they're all about unificacion familiar, I would hope they'd be reasonable in what they ask for. If not, we'll have to figure something out with the bank accounts. Tax season's coming up and I'm sure we'll get a good refund that we can work with to meet the INM's deposit requirements.

[CancunMole]

Originally Posted by V

They apparently do, and that's what I was referring to when I wrote-
The problem, as Limejello has related it and I understood it seems to be twofold; after moving to Mexico she will have no income, and her husband will have irregular income (and no way to meet the standard for "reliability" of the proof of income the law speaks of).

To give others an opportunity to look at the rules applied to these cases, here they are-

http://www.inm.gob.mx/static/marco_j...9-ENE-2010.pdf

Always a chance someone else will notice something I've missed.
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Here's the exact language you'll find there, p 67-
This is why I think it could work- for those who can prove a reliable income, whether from the husband or wife, that seems to fit a reasonable budget for a small Mexican family- to put the question before the INM, by applying for the FM2 Familial. There does not seem to be a fixed amount that must be established, simply a stream of income sufficient, in the judgment of the INM, to support the family.
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Guess this is yet another thread topic where no other need apply or respond as there already is a resident know-it-all on board. Exit.... stage left.

[V]

Guess this is yet another thread topic where no other need apply or respond as there already is a resident know-it-all on board. Exit.... stage left.

Cancunmole, you've often had valuable insights into complex legal questions posed on this forum. I remember yours in threads regarding U.S. reporting requirements in particular, which I found helpful.

In reply to Limejello, and to make it all the more obvious that I was offering opinions, I've said, among other things;

Limejello, not to offer a definitive opinion, myself...

Good question, which I don't have a real answer to.

To give others an opportunity to look at the rules applied to these cases, here they are- http://www.inm.gob.mx/static/marco_j...9-ENE-2010.pdf Always a chance someone else will notice something I've missed.

You know that looking at the law, and offering opinions on what is found there is not limited to me- any of the posters are welcome to do that, as are you. In connection with Limejello's question I invited you and others to do so and, to save readers' time, even pointed out the exact page of the long document with which readers could begin, if they chose to.

Why knock those who take the time to do that, as T.J. (most recently with his thread on right of FM2 Rentistas to have a foreign plated car), and a few others- including yourself- have done from time to time.
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[V]

It would probably be a question of going to the INM in Merida and asking what they need to see. If they're all about unificacion familiar, I would hope they'd be reasonable in what they ask for.

Limejello, here's one of the things that's nice about Mexican Immigration Law and Procedure- they do not ask for any money at all until your application has been approved! This gives you a chance to test your situation with an application for FM2, and pay no official fees for the privilege- a big contrast with other systems I'm familiar with, such as the U.S., where a huge filing fee accompanies the submission of an application- which may then be denied!

[V]

One thing worth noting, the new immigration law seems to clarify the question of whether those who earn money abroad, though they live in Mexico (working via the internet comes to mind), can lawfully be classified "Rentista". It appears they can be, as I read the new law. Many assumed this was the case, before, but I think much of the ambiguity in the situation has now been removed.

As always, those who wish to have a look at it, themselves, are welcome to do so: the link to the new law can be found in several places, above.

[V]

Although the new law does not yet seem to be in place, yet, new fees are....

http://www.inm.gob.mx/static/pago_de..._DSMO_2012.pdf

[BruceWedding]

Originally Posted by V

Limejello, here's one of the things that's nice about Mexican Immigration Law and Procedure- they do not ask for any money at all until your application has been approved!

Not true in my case. We had to pay a small amount with the application, I think about $400 pesos, then the $2,000 pesos when it was all done. I agree its not much, but it's not free.

[T.J.]

Hmm. Not saying that never happened but I have never heard of any fees being due, payable or whatever, at the time the application is made.

[rawkus]

First time I applied for an FM3, they wanted me to pay a certain sum during the first two visits... No paper came with the payment, so I refused to pay, and thus the lady ripped my application in pieces, throwing it on the floor. That same afternoon I made my very first call to the head INM office in DF - turned out to be my very first experience with a Mexican bribe

Good thing is that the dragon(INM lady) got reported and that I learned how things can work in some cases in Mexico.

[V]

Hi, Bruce, as Rawkus suggests, the easiest way to know if the 400 pesos was an official, required fee, was whether it had to be paid to a bank, and the bank receipt presented to INM.
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If someone was helping you with the process, this may explain it, because some people think facilitation is necessary when dealing with any government agency, and give money routinely, sometimes conceiving it/representing it as a "tip" for service: but, to give money to a government official who is performing their official duties is a crime, here, and elsewhere. Those who do it never get the chance to learn whether it was necessary, or not: I've never offered, nor been asked for anything other than official fees in my numerous encounters with Mexican Government representatives.

[Gringation]

With INM, any official payments are made through the bank. If you're asked to pay money inside the office... mordida

[BruceWedding]

Originally Posted by V

Hi, Bruce, as Rawkus suggests, the easiest way to know if the 400 pesos was an official, required fee, was whether it had to be paid to a bank, and the bank receipt presented to INM.

Exacto. We had to walk over to the bank right behind INM and pay and bring the receipt back. My GF says it was $491 and then $2001 when completed. This was for an investor FM3. Strangely enough, despite requiring all sorts of little stuff, they never verified the big stuff, meaning the financial requirements.

[V]

This was for an investor FM3.

There you have it. You win the prize for having dealt with a type of application none of us has done! Still, it's a little puzzling to me, unless they've instituted a new fee that none of the rest of us faced when we went through the process, some time ago.

As for verifying the financial requirements, let's just say they trust us to do the right thing, as they don't usually do more than just require the submission of documents, and don't go behind the documents to verify the truth of the contents. In this they aren't much different from many other immigration offices in other countries.

And, by the way, congratulations to your GF for handling the thing for you: this is close enough to a "do it yourselfer" to join the club.
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[BruceWedding]

Originally Posted by V

As for verifying the financial requirements, let's just say they trust us to do the right thing, as they don't usually do more than just require the submission of documents, and don't go behind the documents to verify the truth of the contents.

Let me be clear, we met the requirement of an investment of $150,000 USD, we just never had to show any evidence of it.

Originally Posted by V

And, by the way, congratulations to your GF for handling the thing for you: this is close enough to a "do it yourselfer" to join the club.
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She rocks! Poor thing spent so many hours in those lines and at the notary while I chilled at the condo, she earned a lot of brownie points. I only made 3 visits to the INM office while she made more than a dozen.

[Gringation]

Maybe the extra $400 was to register with the Registro Nacional de Extranjeros? I had to do that when I got married to a Mexican citizen in 2011.

It was done after everything was approved, though. I paid it at the same time I paid my FM2.

[BruceWedding]

Originally Posted by V

Limejello, here's one of the things that's nice about Mexican Immigration Law and Procedure- they do not ask for any money at all until your application has been approved! This gives you a chance to test your situation with an application for FM2, and pay no official fees for the privilege- a big contrast with other systems I'm familiar with, such as the U.S., where a huge filing fee accompanies the submission of an application- which may then be denied!

My GF is Peruvian but we went through the citizenship process in the USA a few years ago. What you say about the US system, is perhaps true, but misleading.

You do have to submit a fee with your application. The difference between the US and Mexico is, the application CLEARLY enumerates every single requirement and piece of documentation required in a nice checklist. If you provide all they ask, and do not lie or forge any of it, and meet the clear requirements, the citizenship is granted. It is NOT subject to the whims and interpretations of whomever happens to process your application.

So in your statement about possibly being denied, this will only happen if you do not submit what they ask for or submit false documentation.

Otherwise, it is a slam dunk.

[V]

So in your statement about possibly being denied, this will only happen if you do not submit what they ask for or submit false documentation.

Bear in mind that we're not talking about applications for citizenship on this thread, if that makes a difference in your calculations.
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INM may be irksome to deal with, as most agencies dealing with residency issues are, but in my experience they don't operate much differently from most of the ones I've had contact with. (Is the U.S. Embassy any easier for a novice to deal with in getting permission to enter the U.S., with residency the object? I suspect not, for most.)

Your process may have been a bit of a trial, given that your GF had to make 12 trips to the offices; but, some of these surely involved the learning curve.

I'm not going to go too far in defending the local INM, given their inefficient way of dealing with things, but they have provided me lists of things I'd need to submit, in each case of applications I've been involved with (seven, so far) which were clear enough about what would be required.
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[V]

It looks like there is now some movement towards implementing the new INM laws: the regulations which will detail how these laws are to be applied are supposed to be published later this month. Staff has received training in the new rules, according to what I've been reading. Those who apply for new documents, or renewals, in March may be the first to see how these will work, in practice.

[Mellow_in_Puerto Morelos]

I am up for renewal of my retirementFM3 this month (8th renewal) and am wondering if anyone has heard about the implementation of the new laws. If I understand them correctly I can apply for a resident card. Is this correct?

[T.J.]

Hi Frank,

For sure you can apply for an FM2, Inmigrante, which, in the Regs, says "Permanent Resident" (in Esp of course). But Permanant does not really mean permanent as it needs to be renewed each year.

This may or may not answer your question.

[Mellow_in_Puerto Morelos]

Thanks TJ but I was referring to the "new" process that was supposed to let you go from a retirement FM3 to a resident card status with renewals every 4 years.

[V]

The new immigration rules were supposed to take effect before the end of last year, but didn't.

There is now speculation that they will not be implemented until a new administration has had a chance to reconsider them, after the national elections later this year.

[V]

...del 30 de marzo al 1 de julio de 2012, inclusive, se suspenderá el acceso a las secciones de este portal de Internet que contienen difusión de programas, acciones, obras o logros de gobierno.

This notice was published on the website of COFEMER: this could represent an additional reason for further delay in the implementation of the new rules. If an agency can't publish its rules, it is probably unable to impose any changes.

The same notice appears on the INM website.

In the meantime, we'll continue under the current rules.

Clicking "accept" on the message, allows you access to the website, for those who may need it.