# fm3 ro fm2



## playagrandma (Apr 24, 2009)

Hola everyone, I havent been here for a long time but needed some information if possible. I wasnt sure if i should start a new thread or not.

Here is the deal. I live in Playa del Carmen and just renewed my fm3. I have someone take care of this from me. I just renewed my 3rd one. He has informed me that when my five years are up, I will no longer be able to renew but I would need to get an fm2. I have no reason not to believe him. We have known him for years-he only does immmigration stuff-is in immigration every day and well respected. However, I cannot find any ruling on this-he indicated this rule became effective as of May 1st. Anyone know what the deal is here. Has anyone actually been told recently they needed to get an fm2 after having a fm3 for 5 years? 

So now the problem for me is, an fm2 would not work for me. I travel alot to the states to spend time with my grandson. I would have surrendered my fm3 this year but decided to wait on how the fmm is going to work. Although, I thought everyone would get 180 days each and everytime they entered on an fmm-some are saying its up to the agent and he could give you only 30 days-forcing a trip to immigration.

This is all so confusing at best. My new fm3 did go smoothly though.

thanks for any info you can give me


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## RVGRINGO (May 16, 2007)

The good news is that he is wrong. We have FM3s and have had them for over nine years and just renewed again in June. Some INM agents seem to like to push folks into FM2 status, but there is no such requirement. You can stay 'no inmigrante' forever.


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## circle110 (Jul 20, 2009)

I'm curious as to what the restriction is on an FM2 as far as visiting the US that playagrandma mentioned.


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## makaloco (Mar 26, 2009)

It has nothing to do with the US specifically, but FM2 status requires that you not be _out of Mexico_ for more than 18 months during the five-year period, or you lose your eligibility for inmigrado (permanent resident) status. There are rumors that the period has been extended to 20 months or waived entirely, but I've seen no official confirmation.


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## circle110 (Jul 20, 2009)

Thanks macaloco. I guess I knew it meant out of the country, it's just that I usually am going to the US so I phrased my question that way without thinking. I may still be OK when the time comes since 18 months in 5 years is just over 3 1/2 months abroad per year on average and that's about what I spend.

I just thought of something else. I read that I might be able to be on a 2 year track to inmigrado status once I marry my (Mexican) fiancee. One) is that true? and two) if it's true, does anyone know how the 18 month rule applies in that case?


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## RVGRINGO (May 16, 2007)

There may also be 'per month' or 'per year' restrictions, and they won't change. It is not a direct 'pro rata' restriction. I don't know the exact details, so check the government's rules before you decide. Yes, you may accelerate your eligibility after marriage to a national.


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## circle110 (Jul 20, 2009)

Thanks Rvgringo, I'll check it out. I usually make three 6 week trips to the US each year, hopefully that won't upset the applecart of migración.


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## RVGRINGO (May 16, 2007)

My gut feeling is that you will be over the limit and not considered a candidate for 'inmigrante' (FM2) status until you dedicate more of your time to Mexico. Eighteen weeks in the USA each year is certainly more than a typical 'vacation' for someone who aspires to immigrate into Mexico. I think that's how INM will read it.


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## circle110 (Jul 20, 2009)

I'm a musician and I travel to the US and other countries to play concert tours and I certainly won't give up my profession just to get inmigrante status. If that's how they see it then I suppose I'll just maintain my no-inmigrante status. 

It does seem a little illogical that they would deny someone inmigrante status because their profession requires crossing borders and earning money that they bring back to Mexico to spend. 

I'll check out what INM says.


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## RVGRINGO (May 16, 2007)

I understand your situation. INM may have an 'inmigrante' category for you with fewer restrictions. There are several:
Rentista-retired
Inversionista-investor
Profesional-professional
Cargo de Confianza-Trust employee
Cientifico-Scientist
Técnico-technician
Familiar-dependent or relative
Artista o Deportista-Artist or Sportsperson
Asimilado-see article 188 of La Ley Genereal de Poblacion

I don't know if they are flexible enough to combine two categories or to exempt you from the travel limitations. It certainly is worth asking and proof of your previous itineraries would certainly help.


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