# Marriage and INM status



## circle110 (Jul 20, 2009)

I know a few of you in this forum have married Mexican citizens so maybe you can steer me straight on this...

My wife and I were married in a Mayan religious ceremony here in Mexico last spring with a big fiesta. My family came down form the states and it was wonderful, but of course not legally binding. 

However, when we went to do the civil-legal version the following week, the state of Guanajuato told us that, in addition to all of the other normal requirements for a foreigner to marry a Mexican citizen, I needed an additional document from the US government stating that I was not married in any of the 50 states at the present time. It is called "costancia de soltería". This is not required anywhere else in Mexico that I know of.

Wouldn't you know it - this US document does not really exist. Extensive searches and talks with US lawyers have confirmed that there is no such animal. I asked a few expats here in GTO that have married Mexican citizens and they all said that they met the same ridiculous problem and decided to wed in the US.

Since we were going to be in Texas to celebrate Thanksgiving with my family, we decided to have the civil ceremony there. We did and it was quite nice. My wife said that we should get remarried every six months forever since it is so fun!

So, we are now truly legally married. My question is this:

I currently have a no-inmigrante (ex-FM3) valid until early March 2013. I know that I need to notify INM of my change in marital status. I have requested an apostilled, certified copy of our license from the Texas Secretary of State so we can get the marriage ratified in Mexico as well. It should arrive in 2-3 weeks. 

Do I need to wait until I have the Mexican license in hand to notify INM or do I need to do it now since Mexico does recognize US marriages?


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## Lorij (Jul 8, 2012)

I do not have an answer for this but would like to follow this thread. My fiance and I plan to marry in Huatulco in a few months, and I was not aware of this being a requirement in Mexico either. Please post any updates on this, thanks. We have made the decision to marry there because the US Embassy in Mex City accepts direct consular filing for I-130's and the processing time is much faster,and my family can easily travel there with passports but his family can't likely all obtain visas to come here for the wedding. Good Luck!


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## maesonna (Jun 10, 2008)

circle110 said:


> Do I need to wait until I have the Mexican license in hand to notify INM or do I need to do it now since Mexico does recognize US marriages?


I think the simplest way would be to go and try to notify now. Either you will be able to do so, or they will say “yes, but we need your _constancia de matrimonio_” (or whatever they will call it) i.e. the document that certifies that your foreign marriage has been officially registered in Mexico.


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## circle110 (Jul 20, 2009)

Thank you Maesonna. Since the nearest INM office is an hour's drive away, I am hoping to find out if the trip is necessary at this time so as not to make the drive for naught. I may have no other option - you have to ask all questions in person at the San Miguel office since they don't ever answer their telephone.

Lorij - This really won't affect you since your intention is to move back to the US with your husband. It would put your long term Mexican visa status at risk if you didn't notify INM but since you plan to move away, I doubt you will be getting a second year's visa. If you want to be 100% proper, then notify INM but otherwise I don't see your need to do so.


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## maesonna (Jun 10, 2008)

I see what you mean — it was short-sighted of me to forget that we don’t all live in the same circumstances. My nearest office is about 1.5 hours away – but only 20 km; since I live in DF, the obstacle is traffic and public transport, not distance.


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## Lorij (Jul 8, 2012)

Thanks Circle110 - we actually plan on living a few months out of the year in Mexico and then a few in the states, so I will definitely keep my visa renewed thanks!!


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## circle110 (Jul 20, 2009)

Lorij said:


> Thanks Circle110 - we actually plan on living a few months out of the year in Mexico and then a few in the states, so I will definitely keep my visa renewed thanks!!


In that case, you will need to notify INM after your wedding for sure. 

It is very possible that a family health issue will force us to do something similar as far as splitting time between Mexico and the US. The new immigration regulations are causing headaches (or worse) for many expats but it looks like they will help me if I am understanding them correctly. They may benefit you too.

Previously, with the FM2 (and later the "inmigrante") visas, there was a limit on the time you could spend out of the country during the period you held the visa. That would have made me essentially ineligible for those visas due to my frequent trips abroad and it therefore blocked my road to "inmigrado" status even though I am married to a Mexican national. 

With the new rules, if you are married to a Mexican national, you need only hold the "residente temporal" visa for two years and you can become "residente permanente" which is the new equivalent for "inmigrado". That was the case previously with the FM2 as well but... the great new twist for me is that they have removed the restrictions on time out of the country. So, it looks like I can get my "residente permanente" in about two years and I won't have to deal with INM on an annual basis like now!


If I can't find the answer to my original question in this post, I will need to go to San Miguel and when I do I will inquire as to how the new regs apply to my situation. Since your situation is rather similar, I will be sure to post what I find out here in this thread.


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## circle110 (Jul 20, 2009)

I'm just updating this thread for any future readers that might be in a similar situation.

I went to INM today and they told me that our US marriage certificate needs to get ratified in Mexico before INM can use it. So, I have to wait for my certified copy with its apostille from the State of Texas to arrive so that I can go through the steps of getting our Mexican "Acta de Matrimonio". Of course, if you marry in Mexico that's a moot point.

The interesting news I found out was that in order to be eligible for permanent resident status I only need to wait 2 visa renewals, not two full years. So, when I renew in March 2013 that will be one renewal and March 2014 will be the second and I will be able to change to permanent resident status at that time. 

I thought I would have to wait two full years after changing my INM visa status to "married to a Mexican citizen" (which would be at least January 2015) but I will be able to do it in March 2014 instead.


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## chicaperdida (Dec 12, 2012)

Very good information! I am currently married to a Mexican citizen and we have talked of the possibility of moving there. At the very least, we will be traveling to visit his relatives from time to time. So, thank you for this thread.


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