# How to exceed 18-month time abroad



## Mark1 (Jun 12, 2010)

I understand that under an FM-2 there is a limit of a 18 months allowed outside the country in a 5 year period.
I'm an American married to a Mexican. We plan to move to Mexico and live in my wife's house. I'm a consultant and plan to continue to work 3 - 6 - 9 month gigs outside of Mexico for several more years. Clearly, I'm likely to reach the 18-month limit in 2 or 3 years; before I've resided under the FM-2 for 5 years and can become an inmigrado (whereupon, I presume, I would become free of the 18-month limit).
Is there any way around this 18-month limit?
Could I expect to get a waiver given my circumstances? I really do expect to be domiciled in Mexico. I'm only leaving for work overseas; and, at that, will primarily/exclusively be working in a country other than that of my previous domicile. It's not at all like my residence in Mexico is a sham.
Alternatively, could I successfully evade counting much of my time abroad? Ordinarily, I'd expect that my departures and returns would be recorded on my FM-2; thus, upon crossing the 18-month point I'd probably be "busted". Could I travel to the boarder zone and then cross-into the US as-if I were a day-tripper; travel to a US airport and fly to my work destination without having an exit event recorded in my FM-2 book? Then, I'd reverse the process some months later (i.e., fly back to a US airport near the boarder; cross into Mexico as a day-tripper, then travel back home in the interior)? I imagine it would be hard to gather evidence of my absence since my wife and our home would remain in Mexico with the usual records of utility bills and so forth.
Thanks
Mark


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## RVGRINGO (May 16, 2007)

You will have to live by the rules. Violating them would jeopardize your ability to stay in Mexico. Everything is now computerized and you must check in and out of the country with Aduana.
Suggesting illegal activity also violates the rules of this forum.


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## Mark1 (Jun 12, 2010)

RVGRINGO said:


> You will have to live by the rules. Violating them would jeopardize your ability to stay in Mexico. Everything is now computerized and you must check in and out of the country with Aduana.
> Suggesting illegal activity also violates the rules of this forum.


 OK, I understand. Sorry for inviting a rule infraction.

Any idea whether the immigration authorities have any flexibility on the 18-month rule? I.e., would they at least consider making an exception under my peculiar circumstances? 

(I trust that it's clear that if my foreign gigs accumulate to 18 months it's not due to a lack of sincerity in immigrating. Having been married to a Mexican for 40 years and the obvious intention to retire there (wife bought a home a year ago for this purpose) it's purely a work-related situation.))

In further reading of your valuable forum I see that as the spouse of a Mexican I can become a citizen in 2 years; where-after, I presume I'm free of the 18-month rule. This makes me less concerned. 

However, I wonder if the 2-year rule works in a way that still leaves me vulnerable. Suppose that in the first 2 years following immigration I manage to accumulate 12 months of time outside the country; leaving me only 6 months on the 18 month rule. I wonder if those 2 years of compliant residence count as 2 years - or, just 1. If I were to work 6 months outside Mexico in the 3'rd year after immigrating I imagine they might regard me as having resided 1.5 years in Mexico; the 12 and 6 months periods outside Mexico not counting. In that case, I'd have to take care to stay in Mexico for 6 months in the 4'th year to achieve 2 years of residence without exceeding 18 months abroad. 

Is this the way it works? Or, after 2 years of immigrating and < 18 months abroad, will I be regarded as eligible for citizenship?

Correct me if I'm wrong, but I assume that 40 years of marriage to a Mexican opens no alternative avenue toward citizenship. The critical point is that I immigrate and reside in Mexico for 2 years. Had I married the day before crossing the boarder or 40 years prior doesn't matter. 

Likewise, having 2 (adult) children who are dual citizens doesn't open any new avenue. I still have to immigrate and accumulate the 2 years.

Thanks so much for your help.
Mark


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## RVGRINGO (May 16, 2007)

There are also restrictions on the length of time out of Mexico on any single trip, in addition to the total time out in a five year period. No, there is no flexibility and there are no special considerations beyond the accelerated eligibility for naturalization, assuming you pass the language and history orals. It sounds like you might want to consider remaining 'no inmigrante' (as in the old FM3 status) until you are free of your work and travel obligations. You could then convert to 'inmigrante' (old FM2 status) at any time, live within the travel restrictions, and apply for naturalization or 'inmigrado' status after an additional two years. That would also allow you to use a US plated car until you applied for 'inmigrado' or naturalization, when it would have to be removed from Mexico.


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## JimJones (Sep 16, 2009)

RVGRINGO
Could you elaborate a little bit on the “language and history orals” part? I am curious because I am in a similar situation as Mark1 and wondering what to expect and what to prepare for.


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## RVGRINGO (May 16, 2007)

Those who have gone through the process tell me that there is an interview, in Spanish, conducted by the Foreign Affairs agents. It will include some Mexican history questions. So, it is time to get online and start reading history, or take a trip to your local bookstore.


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## Mark1 (Jun 12, 2010)

*Histgory test*



RVGRINGO said:


> Those who have gone through the process tell me that there is an interview, in Spanish, conducted by the Foreign Affairs agents. It will include some Mexican history questions. So, it is time to get online and start reading history, or take a trip to your local bookstore.


Can you elaborate any on your answer (to JimJones)? The US test for citizenship is pretty trivial and INS gives the immigrant a study booklet. If you can remember all the questions and answers in the study booklet you can pass the US test without any additional investment in the project.

Is there an equivalent booklet in Mexico? Has anyone collected some sample questions? I certainly don't mind learning more than I need to know to pass the test; nevertheless, passing the test is a goal in-and-of-itself. Therefore, when this task rises near the top of my priority list I'll want to study with that purpose in mind. 

(As evidence of my sincerity, I have a minor in Latin American History including a graduate level seminar on the conquest of Mexico. However, that's not going to help if the questions are on the Civil War or the War of Independence.) 

A related question is whether the Mexican examiners take the scoring of this test as a means to eliminate applicants; or, in a more positive vein, to encourage the utterly indifferent to be at least conscious of Mexican history. E.g., I might have difficulty remembering that independence was in 1810 and civil war in 1910, but I should be able to remember some substantive issues and explain them in Spanish. Should I expect to pass if I can offer a meaningful discussion of a topic? Or, should I expect to pass only if I can recall the precise detail asked of in a question (e.g., a date or the name of a particular person who might have only a secondary or tertiary role in history?)

Thanks,
Mark


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## Guest (Jun 16, 2010)

Google is your friend. Here are what appear to be two sets of official possible questions from a Google search using "Mexico citizenship test". You can also find many blogs talking about people's experiences. One blog mentioned that the written test is not frequently given, which might indicate an oral exam. Suerte!

http://www.sre.gob.mx/tramites/nacionalidad/guia_estudio.pdf

http://www.sre.gob.mx/tramites/nacionalidad/guia_estudio.pdf


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## RVGRINGO (May 16, 2007)

I have no further information to offer.
You should probably use Google to search for the naturalization process for Mexico, which is handled by Foreign Affairs, not Immigration.
Sorry I can't be of more help.

This thread has wandered off topic and is now closed. If you wish to seek information from other forum members, please start a new thread: "Naturalization."


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