# Overstay period after FM3 Expiry



## jayk1 (Oct 4, 2012)

Hello Forum Members, I want to overstay for 10 days after my FM3 expiry. Please tell about the penalty per day for overstaying in Mexico. Regards, Jack.


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## RVGRINGO (May 16, 2007)

It is a five year document, requiring renewal each year. You can be fined for late renewal. If you have a car, it will become illegal when the visa expires, making it subject to confiscation. You really should go to INM and renew. Then, at the border, you could cancel the visa if you don't intend to return.


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## jayk1 (Oct 4, 2012)

RVGRINGO said:


> It is a five year document, requiring renewal each year. You can be fined for late renewal. If you have a car, it will become illegal when the visa expires, making it subject to confiscation. You really should go to INM and renew. Then, at the border, you could cancel the visa if you don't intend to return.


I am looking to leave Mexico and do not want to extend FM3 for 10 days only so looking to overstay for ten days. What penalties and actions could be levied on me for overstay?


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## RPBHaas (Dec 21, 2011)

jayk1 said:


> I am looking to leave Mexico and do not want to extend FM3 for 10 days only so looking to overstay for ten days. What penalties and actions could be levied on me for overstay?


If you are leaving through the Mexico City Airport, you can pay a fine, approximately 1,500mxn (pesos) and receive an exit document from INM to leave the country. The INM office is located on the bottom floor and is the last "office" towards the east end of the main terminal. Allow about an hour to an hour and a half for the document.

Just remember, you will be illegally in the country for the last 10 days.


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## jayk1 (Oct 4, 2012)

RPBHaas said:


> If you are leaving through the Mexico City Airport, you can pay a fine, approximately 1,500mxn (pesos) and receive an exit document from INM to leave the country. The INM office is located on the bottom floor and is the last "office" towards the east end of the main terminal. Allow about an hour to an hour and a half for the document.
> 
> Just remember, you will be illegally in the country for the last 10 days.


My Company official just told me that , a person can stay for 60 days after expiry of FM3. No penalties is levied till 60 days. I checked INM website but could not find the details. Now I am confused. Is there any document from INM, mentioning these details or any government website with details.


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## RPBHaas (Dec 21, 2011)

jayk1 said:


> My Company official just told me that , a person can stay for 60 days after expiry of FM3. No penalties is levied till 60 days. I checked INM website but could not find the details. Now I am confused. Is there any document from INM, mentioning these details or any government website with details.


There is without question a penalty for overstaying the time period allowed. The penalty starts the first minute past midnight on the day the visa expires. This happened to me by less than 24 hours and the procedure was as I previously explained. 
Another option is to say you lost your permit, but that enables risk. If you have not left the country recently, all the agent has to do is review your stamp of arrival and know you are giving false witness.


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## pappabee (Jun 22, 2010)

jayk1 said:


> My Company official just told me that , a person can stay for 60 days after expiry of FM3. No penalties is levied till 60 days. I checked INM website but could not find the details. Now I am confused. Is there any document from INM, mentioning these details or any government website with details.


First of all, call INM and find out for sure what the problems might be. DO NOT take the word of anyone. Reason being it's your body that might end up in a Mexican Jail and remember that in Mexico you are guilty until proven innocent.

My second thought is, why are you trying to go around the system? If you are caught you could suffer large fines, loss of your car, loss of the right to return at a later time and possibly jail time. 

PLEASE FOLLOW THE RULES, IT'S THE PRICE YOU PAY FOR LIVING HERE.


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## jayk1 (Oct 4, 2012)

pappabee said:


> First of all, call INM and find out for sure what the problems might be. DO NOT take the word of anyone. Reason being it's your body that might end up in a Mexican Jail and remember that in Mexico you are guilty until proven innocent.
> 
> My second thought is, why are you trying to go around the system? If you are caught you could suffer large fines, loss of your car, loss of the right to return at a later time and possibly jail time.
> 
> PLEASE FOLLOW THE RULES, IT'S THE PRICE YOU PAY FOR LIVING HERE.


I am a law abiding citizen respecting the rules but my assignment will be finished in a week after expiry of my FM3 permit and my sponser is not willing to renew the FM3. I am struck with no option left.


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## pappabee (Jun 22, 2010)

jayk1 said:


> I am a law abiding citizen respecting the rules but my assignment will be finished in a week after expiry of my FM3 permit and my sponser is not willing to renew the FM3. I am struck with no option left.


Yes you have, get a letter from your sponser and take that to immigration. I am sure that there have been people with similar problems.


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## RVGRINGO (May 16, 2007)

If you overstay, you are not 'law abiding' and you are not a citizen. The major potential problem is your car, if you have one. You could lose it. If you are flying, you can't board the plane without clearing INM, where you will be discovered.
You do have an option: Fly out of Mexico, cancelling your visa with INM while it is still valid. Return on an FMM but, oops, then you cannot work in Mexico. In fact, the moment your visa expires, you will in Mexico as an illegal AND working illegally. Your company shouldn't encourage that and should let you go in time to leave the country before expiry; or, they should pay for your renewal. 
They are just trying to avoid the expense, at your expanse. Leave on time and be safe. If the company doesn't cooperate, report them to INM and they could lose the ability to hire other foreigners.


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## jayk1 (Oct 4, 2012)

I take your advice RVGRINGO. I am not a citizen and not "law abiding" if overstaying. Do I need to Cancel FM3 while leaving from Mexico even if it is expired?


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## RVGRINGO (May 16, 2007)

You must cancel your visa before it expires. If it has expired, you will be detained by INM at departure and have to pay a fine. There is always the possibility of missing your flight, if flying. Even if you leave on the last day before renewal is due, you must still 'cancel' the visa or face fines in the future for not renewing on schedule, should you ever return to Mexico.
You haven't told us if you are flying or driving, have you?


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## jayk1 (Oct 4, 2012)

RVGRINGO said:


> You must cancel your visa before it expires. If it has expired, you will be detained by INM at departure and have to pay a fine. There is always the possibility of missing your flight, if flying. Even if you leave on the last day before renewal is due, you must still 'cancel' the visa or face fines in the future for not renewing on schedule, should you ever return to Mexico.
> You haven't told us if you are flying or driving, have you?


I will apply for cancellation of FM3, that is a good option. In that case I can get few more days to stay, because many countries gives 15 to 30 days to leave after cancellation of visa.


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## RVGRINGO (May 16, 2007)

I'm not sure, but you may only be able to do that at the border. If you have a car, that really isn't a good option, for reasons already discussed.
Please talk to your company. The responsibility is theirs, since you cannot work legally without a current visa and 'lucrativa' status. They cannot force you to break the law. Talk to them!


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## mickisue1 (Mar 10, 2012)

As those in the know have told you several times, don't take ANYBODY'S word for it; go to the immigration officials in your city and explain the situation, and ask what you should do. i would not assume that you get an extra 15 to 30 days, just because some countries allow that.


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## jayk1 (Oct 4, 2012)

Here is the end result. I went to INM with "about to expire FM3". They kept it and issued me a letter with permission to stay for five more days. Well, it is not ten as I expected but still better, now I have five days to close everything in Mexico.


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## mickisue1 (Mar 10, 2012)

Glad to hear it.


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## shamai (Mar 20, 2013)

*new laws in Mexico*



RPBHaas said:


> If you are leaving through the Mexico City Airport, you can pay a fine, approximately 1,500mxn (pesos) and receive an exit document from INM to leave the country. The INM office is located on the bottom floor and is the last "office" towards the east end of the main terminal. Allow about an hour to an hour and a half for the document.
> 
> Just remember, you will be illegally in the country for the last 10 days.


actually due to many changes in the laws in Mexico effective year 2013, my FM3 was expired and the company still trying to finish it, the problem is that i booked a fly to the USA and i am willing to pay a penalty, but i don't know if it depend on the extra days i stayed or it is just a fixed payment?
please help


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## jayk1 (Oct 4, 2012)

shamai said:


> actually due to many changes in the laws in Mexico effective year 2013, my FM3 was expired and the company still trying to finish it, the problem is that i booked a fly to the USA and i am willing to pay a penalty, but i don't know if it depend on the extra days i stayed or it is just a fixed payment?
> please help


I have no idea Shamai...I am sorry can not help you.


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## RVGRINGO (May 16, 2007)

When you try to fly out, you will have to first report to INM before getting a boarding pass. That is where your expired no-inmigrante visa (previously called and FM3) will reveal your status as an illegal in Mexico. You may be detained and miss your flight. So, I suggest that you visit INM now and pay the fines and penalties, renew your visa or see if they will issue a permiso to leave in a specified number of days. 
The new laws did not affect your obligation to renew within the 30 days prior to the date clearly printed on your card. Letting it go past that date was your error and INM does not take that lightly. They will also not excuse you if you blame your employer. The obligation is yours, even if your company dropped the ball.


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## shamai (Mar 20, 2013)

RVGRINGO said:


> When you try to fly out, you will have to first report to INM before getting a boarding pass. That is where your expired no-inmigrante visa (previously called and FM3) will reveal your status as an illegal in Mexico. You may be detained and miss your flight. So, I suggest that you visit INM now and pay the fines and penalties, renew your visa or see if they will issue a permiso to leave in a specified number of days.
> The new laws did not affect your obligation to renew within the 30 days prior to the date clearly printed on your card. Letting it go past that date was your error and INM does not take that lightly. They will also not excuse you if you blame your employer. The obligation is yours, even if your company dropped the ball.


you are correct, i have checked with the INM about this, they told me you have to pay in the air port, but u can do it 1 or 2 days later so you don't miss the flight

the other part, due to the new laws the company i worked for, had to do some papers first in order to let me get the FM3, at least this is what the HR manager informed, they just find it out, when they start making my papers
so i guess that will be the same with many companies
thanks for the advice


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## mickisue1 (Mar 10, 2012)

shamai said:


> you are correct, i have checked with the INM about this, they told me you have to pay in the air port, but u can do it 1 or 2 days later so you don't miss the flight
> 
> the other part, due to the new laws the company i worked for, had to do some papers first in order to let me get the FM3, at least this is what the HR manager informed, they just find it out, when they start making my papers
> so i guess that will be the same with many companies
> thanks for the advice


It would make your post easier to read, and easier to respond to, if you used capitalization, paragraph breaks and punctuation.

For all of us with presbyopia, I thank you in advance!


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## Zepol87 (Jan 1, 2012)

I have never overstayed a VISA but I also have never cancelled one when mine is about to expire I just drove to Laredo and drove back across and got a new one.


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## Zepol87 (Jan 1, 2012)

I apologize I have the tourist VISA not the FM3 sorry for the confusion


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