# Entering on a tourist visa then getting married



## elsonador (Feb 16, 2011)

Hello all

I plan to drive down to the Yucatan in late July, I plan to (at the moment) enter Mexico on a tourist visa. I will be driving down with my Mexican fiancee, as I understand Mexico no longer allows people to switch from tourist visas to temp or permanent visas from within the country (like in the past I believe). With that said my question is can I if I marry a Mexican national on a tourist visa, then request from within the country to switch to a temp or permanent visa? Does anyone has first hand knowledge of this?

Also if I import my truck as a tourist and it has to go back in 180 days, but I somehow get the my visa switched, is there anyway to update the trucks importation status, or even "sell" it to my wife while we are in the Yucatan and at which point she could permanently import the vehicle?

Does the source of ones income, or what type of investments they have matter when determining if they are eligible for a temp or permanent visa? I can show the proper amount in investments as well as 6 months (or more) of bank statements meeting the requirements, but the income is not from a retirement pension. 

I am attempting to figure out what I should do before July comes, and it is approaching fast. I guess my options are to either apply for a temp or perm visa, or go down with my fiancee, marry and either switch to a temp or perm (if possible), or go home and wait for a new visa?

Many thanks in advance for any input!


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## circle110 (Jul 20, 2009)

OK, I will preface this with the statement that this is what I was told at the San Miguel de Allende INM office. Things are still settling down after the recent immigration law changes and different offices are still handling things differently. That said:

I got married when I had my no-inmigrante/ex-FM3. When I renewed this year they had a hard time figuring out what to do with me since I was changing my marital status to "married to a Mexican national" at the same time as converting to one of the new visa types. They said that there was no way to convert me from "no-inmigrante rentista" to "resdente permanente por vinculo familiar". So, I had to go to "residente temporal" and wait two years to become permanente.

But... they told me that if I only had a tourist permit instead of already having my "no-inmigrante rentista", I could have gone directly to "residente permanente por vínculo familiar" and it would have not been necessary to leave the country.

So, if what I was told is how they are handling things in your jurisdiction, you will be fine and can get permanent residency right away without leaving the country. You also won't need to show financials because you are "por vínculo familiar" instead of "rentista". (Again, that's what they told me in SMA).

As for your car - that will be a problem because once you become a permanent resident, you will lose the right to own a foreign car. So sell the car first and then come down and buy a Mexican one once you are married and get your visa. Otherwise, you'll need to return to the US to sell the car before you get your visa -- either that or you'll need to apply for a "residente temporal" visa instead of "permanente", which would be silly just for the sake of a car.


BTW - you have 90 days after your marriage to notify INM of the change of status or else the fines start to mount.

Your best bet is to go to the INM office where you will be living and see what their interpretation is.


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## elsonador (Feb 16, 2011)

Circle110 Thank you for sharing your first hand experience very helpful. I feel better now about entering as a tourist and getting married instead of waiting for the other process to unfold state side....either way I will be sure to check out the details. 

Thanks again!


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## elsonador (Feb 16, 2011)

circle110 said:


> As for your car - that will be a problem because once you become a permanent resident, you will lose the right to own a foreign car. So sell the car first and then come down and buy a Mexican one once you are married and get your visa. Otherwise, you'll need to return to the US to sell the car before you get your visa -- either that or you'll need to apply for a "residente temporal" visa instead of "permanente", which would be silly just for the sake of a car.


Circle- If i own a 2012 US vehicle (which is paid for and I'm not ready to part ways with yet) can we import it through my fiancee as if it was "sold" to her? I know theres a rule about newer cars and the whole older than 10 years or something...so how can one bring in a newer model? is it possible?

Again, we would attempt to bring the vehicle in via my fiancee since she is a Mexican citizen. Other question, if we find a way to do this, can it be brought in at any crossing point or would she have to bring it in to her local area to get it registered and all that fun stuff?

confused 

-Thanks-


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## circle110 (Jul 20, 2009)

I was referring to an "importada temporal", not an actual importation. In that case, there is no visa based restriction and either you or your fiancee can import the vehicle.

But as far as I have seen, the costs to import a vehicle are just not worth it - better to sell there and buy another here. 

Since I don't see it as worthwhile (certainly not for me), I haven't looked too deeply into it and don't have any information on the specifics. Maybe another poster will be able to help out.


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## mickisue1 (Mar 10, 2012)

Somebody correct me if I'm wrong. But I seem to remember a poster stating that you cannot get married legally in MX, as a US citizen to a Mexican citizen, without proof that you are not currently married in any of the states of the US.

Since the federal government doesn't have any such proof available, and it would be incredibly onerous to contact the state government of 50 separate states for such proof, that poster decided to get married by a JP in the US, and have the church wedding in MX. They were then able to show proof of being married to each other.

You MAY want to consider that option, and then you can start your visa process in the US, as is required, already married to a citizen.


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## circle110 (Jul 20, 2009)

That may be me you are referring to, mickisue1. That was only at the registro civil in the city of Guanajuato. They were kind of renegade, or dumb, or both. 

In other registros they don't ask for that ridiculous, non-existent document. We did wind up getting legally married in TX over last Thanksgiving and we registered the marriage in the registro civil in Guanajuato when we got back home. I took note of the fact that they were all different people working there when I returned in November to register (called an "inserción) so I guess they got rid of all the renegade bozos who were making up the rules as they went. Good riddance. 

We had a Mayan wedding ceremony and a big fiesta here in Gto. last March to celebrate with our friends and families and then we took care of the legal part in Texas in November just because we knew we were going to be there and my family was able to see us married a second time. 

Elsonador should be fine anywhere beside Guanajuato - and even may be fine there now since the new people were very easy to deal with.


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## elsonador (Feb 16, 2011)

Well I'll hope for the best. Our main concern is currently my fiancee is on a Trade Nafta visa here in the US and it is illegal for her to get married in the US with that current status, thus we would have to null and void that visa (I guess) and then have her return to Cd. Juarez, while I apply for her visa as her sponsor so that we could get married in the US (I believe thats the process anyways) and then I would apply for my Mex visa via proper financials...and I suppose than we could live happily ever after south of the border. 

But like I said hopefully option one (marrying a Mexican national in Mexico while on a tourist visa) is a viable option.

Thanks for the input.

Cheers!


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## circle110 (Jul 20, 2009)

> But like I said hopefully option one (marrying a Mexican national in Mexico while on a tourist visa) is a viable option.


Yes, it is no problem to do so. People do it all the time.

It is also not illegal for her to marry you while in the US on her current visa. The problem would be if she decided to stay in the US after marrying you; then US immigration may have a problem with the marriage occurring while she is on a non-resident visa because they may believe it to be a sham marriage and a ploy to get her legal residence. That is a common scam scenario and they may suspect you of that.

However, if your plan is to move to Mexico after the wedding, then it is not at all a problem to wed in the US on her current visa status.

My wife only has a B1 tourist visa and we wed legally in the US with no questions asked. They were fully aware of her being in the country on a tourist visa. Then we promptly returned to Mexico which alleviated any fears by immigration of us using the wedding as a pretext to keep her in the US.


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## mickisue1 (Mar 10, 2012)

circle110 said:


> Yes, it is no problem to do so. People do it all the time.
> 
> It is also not illegal for her to marry you while in the US on her current visa. The problem would be if she decided to stay in the US after marrying you; then US immigration may have a problem with the marriage occurring while she is on a non-resident visa because they may believe it to be a sham marriage and a ploy to get her legal residence. That is a common scam scenario and they may suspect you of that.
> 
> ...



THIS.

It's not the getting married with that visa, it's the staying in the US.


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## AlanMexicali (Jun 1, 2011)

elsonador said:


> Hello all
> 
> I plan to drive down to the Yucatan in late July, I plan to (at the moment) enter Mexico on a tourist visa. I will be driving down with my Mexican fiancee, as I understand Mexico no longer allows people to switch from tourist visas to temp or permanent visas from within the country (like in the past I believe). With that said my question is can I if I marry a Mexican national on a tourist visa, then request from within the country to switch to a temp or permanent visa? Does anyone has first hand knowledge of this?
> 
> ...


I married my Mexican Nation wife almost 3 years ago in the city of San Luis Potosi. I was on my possibly 12th FMM tourist visa after coming and going to Mexico. The Registar Civil here had me go to the INM for a "Permiso" to marry a Mexican National. It took 3 trips and about $5,000 pesos. Then we had to go get a blood test. Cost $26.00 pesos each. The "Permiso" was good for 60 days. The "Registar Civil" needed everything from us 2 weeks before the wedding. The INM needed an apostille copy of my last divorce decree from Calif. , not translated. It cost $26.00 US and took a few days. 

The lawyer from the Registar Civil came to the boda on Saturday night with an assistant and married us. We need 2 witnesses each to sign the Marriage Certificate, now our comadres and compadre. I needed to get a certified copy of the "Acta de Matrimionia" from the Registar Civil and return to the INM within 30 days to have the marriage registered. That cost about $150.00 pesos for the copy and another $200.00 US for the form and fees at the INM.

I then waited until the new Immigration Law came into effect. They took my application and kept the last FMM tourist card I had and I paid about $5,450 pesos at the bank and waited 2 months for the card to arrive after several trips to the INM office. It was under the new law "Vinculo Familiar." 

They told me I needed to get a Residente Temporal for 2 years even though the new law states under "Vinculo Familiar" I could get a Residente Permanente visa. They said come in after 1 year and talk to us about a "tramite" to Residente Permanente. I applied on Nov. 11th and in exactly 2 months had my new card in hand. 

The new card Residente Temporal visa does not come with a "Permiso para Trabajar."

Last Friday I went back to the INM to get this permiso. I needed to fill out the tramite on line, print it out, 3 photos, formato basico and a letter from the employer offering a job and go to the bank with a form and pay $2350.00 pesos. They took the application and my new Residente Temporal card and said come back in 1 week to get fingerprints taken. They said I should have the new Residente Temporal card in 1 month.

They said on the front it will have the words "Permiso para Trabajar" and the rest will be the same. You get a CURP which is on the front of the card already in small letters and underneath, also in small letters, will be printed this permiso, which there is room for. Not cheap IMO but easy once you get going with all the details. They all where very professional and friendly here. Alan


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## Zepol87 (Jan 1, 2012)

Quick question my wife and I are married in the US. She was here illegally, but we have our marriage license from Texas, does this lower the cost or help at all.?


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## mickisue1 (Mar 10, 2012)

Help with what, exactly?


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## cscscs007 (Jan 8, 2011)

Your fiance is in the US currently on her TN (Trade NAFTA) visa. This means she has already been approved for the visa. How long into the 3 year visa has she been present in the US? 
A person in the US on a TN visa can marry a US citizen legally while in the US on that visa. Two situations that I know of are acceptable.

1) If Miss ? at the time of going through the interview and acceptance process fully intended to return to her home country upon expiration of her visa, she has not lied or deceived the US official. What is important is at the time she was going through the TN visa process what was her intention.

2) After the marriage the person with a TN visa intends to still return to his or her home country at the expiration of the visa.

In order to make it possible for her to remain in the US after marriage to a US citizen she is required to file what is called an "adjustment of status" and upon doing so this would allow her to remain in the US while her application to change to a "permanent resident" is being processed.

I married my Mexico by birth wife while she was in the US. Getting married was not a problem in regards to her status. Truthfully, her marrying me made it much easier for her.


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## cscscs007 (Jan 8, 2011)

Zepol87, the answer to your question is no.

The fees involved to legal status would be as follows:

I-485 - Application to Register Permanent Residence or Adjust Status 
- $985 filing fee
- $85 biometrics fee

I-485A - Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
- $1000 filing fee

Individuals in the US legally only need to pay the I-485 fees, those in the US without legal status (I don't care for the word "illegal" when it comes to these situations) are required to pay the fees for both.

Your post is only in reference to the cost. The actual process and forms necessary to be completed is more detailed, and would stray from the original post farther than it already has. 

That said, the process is not difficult to do. I have assisted many individuals in the process and necessary paperwork involved. You can either make a separate posting in reference to the procedure involved, as I am sure many others are also in your position, or if this is unacceptable to the moderators feel free to PM me and I will gladly assist you.


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