# So many questions...



## mpatino (Sep 23, 2008)

Hi, I'm new here. Hope some of you here might be able to educate me a bit.

My husband a Mexican citizen, my son (2 yrs.) and I are considering moving to Mexico. We are not retiring, not wealthy and only have minimal savings. My husband would need to work and quality education for our son is hugely important. I would like to live near the ocean. Any ideas of the best areas that might cover all our needs? 

My husband is doubtful that there is work anywhere in Mexico, the reason he came to America. I feel there must be and especially in the more touristy areas. He is also bilingual now so thought this would also help his chances. We do not live extravagantly and are just looking for a pleasant and peaceful environment to raise our wonderful son.
I would be so appreciative for any advice any of you may have.
Thank you!


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## RVGRINGO (May 16, 2007)

The best advice one could give, for your husband, is to suggest that he make contact with all of the resort companies in the coastal cities and towns. Google will be a big help in finding them. For example, I entered "Empleos en Mazatlan" and got several listings. If he has 'people skills' or some specific technical skills, they may have openings for a 'bilingue'. Of course, personal contact is most important in Mexico and he will probably have to present himself, in person, to apply for a position. If you and your child have Mexican citizenship and are also bilingual, that will help. If not, you will need to be able to obtain an FM3 Visa to reside in Mexico for a couple of years before becoming eligible for citizenship. Otherwise, you would need to visit as a tourist for six months at a time.


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## mpatino (Sep 23, 2008)

thanks so much! I've checked out "empleos en Mazatlan" as well as other areas and found tons. 

So I'm I understanding that my son and I will both need FM3's even though my husband is Mexican? Do you know any other info on being eligible for citizenship? If I had Mexican citizenship could I work also? What would my son need to enroll in school, the FM3? We are raising our son to speak both English and Spanish but at 2, knows mostly English I know very little Spanish but hope to learn more before (if) we make the move.

It is difficult for us to visit first to check things out as once my husband returns to Mexico he will have a 10 year ban. He EWI (US) and although we have gone through ALL the paper work to make things right here he would still not be able to re-enter legally for 10 years. He has not seen his family in 8 years and our son and I have never met them. We would like to make this move so I am looking for information where ever I may find it. Please forgive any "stupid" questions, I'm sure I'll have plenty 
Thanks!


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## AdrianR (Sep 19, 2008)

Hi
First things first...your marriage, and your son's birth, need to be regularized with the 'Registro Civil' of your husband's hometown. This will require the US paperwork but should be straightforward. Your son should then automatically be Mexican through his father and your marriage will have legal recognition in Mexico. You may require some Mexican immigration paperwork, however - Registro Civil will be able to advise you.

As you are married to a Mexican national, with Mexican children, you qualify automatically for an FM3 as your husband's dependent. This will give you the permission to stay in Mexico but it will need to be changed once you find a job. After three years, you will qualify for citizenship.


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## RVGRINGO (May 16, 2007)

Mpatino,
I am sure that you are aware that you will need US Passports for yourself and your son. Even though you may eventually become a naturalized Mexican citizen, you will be able to maintain your US citizenships and must renew your US Passport at the nearest American Consulate in Mexico at the appropriate time. Even though you could enter Mexico, you would not be able to return to the USA without a passport.
At your son's age, language will not be a problem and he'll be fluent in both languages before you can blink. For your own studies, I recommend Madrigal's Magic Key to Spanish and, perhaps also Rosetta Stone.


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## mpatino (Sep 23, 2008)

Wow, thanks you are both so friendly and helpful! Yes my son and I do have our passports just wondered if there was anything else. I do want to keep my passports up to date so we can visit family and friends in US with out problems. I've been thinking about Rosetta Stone will check out the other as well.

Seems like it would be fairly simple for my son, we just need American birth certificate? Does being married to a Mexican mean I could work legally in Mexico? If so would it still be difficult to find a job as employers had rather employ Mexicans? 
Thanks!


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## RVGRINGO (May 16, 2007)

I don't think being married to a Mexican will give you any working privilege on your FM3. However, INM might look favorably on you and they do have some discretion. Of course, once you have citizenship, you will be able to work.
Finding a job will be a challenge, always, and pay is very low, compared to in the USA. Of course, you will need to be fully bilingual for most jobs in the tourist areas. Mexico is very strict about foreigners working illegally.
When, and if you and your husband finish 'doing your homework' online and have made preliminary contact in a few places that interest you, it might be easiest for him to make a 'job hunting trip' alone and for you and your son to follow when he has found employment and a place to live.


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## AdrianR (Sep 19, 2008)

Ya know...

It always amazes me that many folk on this board just don't seem to understand how many 'flavors' of FM3 there are. They seem only concerned with the one they are familiar with - the 'Rentista' category, for a person who has retired to live off their rental and investment income.

My advice is this: go to Mexico on a standard 180 day tourist visa (FMT) and change your immigration status to an FM3 in the 'Dependiente Economico' category, if you cannot find a job, or the 'Cargo de Confianza' category if you are fortunate enough to find paid work. Do this from INSIDE Mexico at your local INM office.

You should also explore options for starting some small business under husband's name but as a source of income for yourself. Believe me, as long as he keeps his nose clean under the 'Regimen de Pequeños Contribuentes' it's unlikely you will be bothered by officialdom.


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## RVGRINGO (May 16, 2007)

Thanks, Adrian. You are right. There are options for the FM3 status that she should investigate with INM in Mexico. We retirees are not familiar with all of those 'flavors'.


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## PieGrande (Nov 16, 2008)

A Mexican citizen can apply for papers for his/her spouse, as spouse of a Mexican citizen. Once these papers are received, that spouse can enter any "licit" employment, as long as the government is kept posted on the employment. I have in Mexico a book of the laws on foreigners, so I am sure.

There are limits how many times a year that spouse can return to the States.

If the marriage breaks up, the spouse must leave or qualify for another immigration status.

This application can only be done in the Gobernacion office in Mexico City, no where else. If you ask at a Consulate, they will tell you it can't be done, which is true -- with them. This has misled the uninformed into thinking no such status exists.

Many people have said the cost of an immigration attorney is worth it for this status, since it is possible to get shunted to the FM-3 people by mistake.

Life for women tends to be harder in Mexico, since everything in the house is labor intensive. Some women adapt well, and others do not.


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## AdrianR (Sep 19, 2008)

Oh my!
There are so many inaccuracies in the above post it's hard to know where to start!



> A Mexican citizen can apply for papers for his/her spouse, as spouse of a Mexican citizen..


 WRONG. The application for a change to one's 'Migratory Status' can ONLY be made by the migrant. As the spouse of a Mexican citizen, one can apply for an FM-2 as an 'economic dependant'.



> Once these papers are received, that spouse can enter any "licit" employment.


 WRONG! As an economic dependant, you are NOT allowed to work - you must change your migratory status to 'Cargo de Confianza'.



> I have in Mexico a book of the laws on foreigners, so I am sure.


 Then can I suggest you read the relevant stautes?



> There are limits how many times a year that spouse can return to the States..


WRONG! You may return to your home country (be it the USA or elsewhere) as often as you wish in any given period, as long as you do not spend more than 'x' months outside Mexico in any period of 'y' months (I think it's three months in any 18)



> If the marriage breaks up, the spouse must leave or qualify for another immigration status.


 Partly correct - if the foreign spouse has yet to be naturalized, then yes, a change of status is required.



> This application can only be done in the Gobernacion office in Mexico City, no where else.


 WRONG! Applications for the naturalization of foreigners are handled by the Secretaria de Relaciones Exteriores in DF - via the delegacion in the capital of the state where one resides. Changes to migratory status are handled by the local INM office.



> If you ask at a Consulate, they will tell you it can't be done, which is true -- with them.


 Any why would your Consulate know anything about it anyways?



> Life for women tends to be harder in Mexico, since everything in the house is labor intensive.


 Really? So there are no applicances, no running water, no 'domestics', no supermarkets? Maybe it was hard for your abuelita, muchacho - but this is the 21st century.


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## PieGrande (Nov 16, 2008)

Okay, when I get to Mexico next week, I will quote from the Laws For Foreigners book. At one time, I had my brother-in-law an attorney, accompany me to Gobernacion, and though I cannot file myself, an employee there confirmed this was right.

I did not make this up. It is right out of the Mexican laws. In fact, that book includes both the laws, and the resulting regulations. I am trying to think where I got it; the bookstore called Porrua, I think.

This explains why so many people are confused about the laws. I have seen many times people who are aware of a wide range of immigration issues, but are not aware of the spouse of Mexican citizen laws, run off on a tangent and create a lot of misunderstanding by dragging in other immigration issues. Clearly, you are talking about a totally different immigration status, and are totally unaware of spouse of Mexican citizen status.

I had the file which quoted directly from the Mexican codes, but over the years, computer changes, it has been lost.

What you are saying is Mexican citizens cannot bring foreign husbands or wives into the country, and have them live there, just as men and women in the States can do, right? Well, you are not the first person to make that claim. It is preposterous. It works just like in the US. Only the citizen can apply, not the spouse.

Please, no one to whom this is important, listen to this erroneous information. Contact a good immigration attorney in Mexico City and ask for help. You will find it is just as I have told you. Adrian is talking about some other immigration status, read her posting carefully and you will see the difference between some complex change in migratory status, and simply importing a spouse.


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## AdrianR (Sep 19, 2008)

PieGrande said:


> What you are saying is Mexican citizens cannot bring foreign husbands or wives into the country, and have them live there, just as men and women in the States can do, right? Well, you are not the first person to make that claim. It is preposterous. It works just like in the US. Only the citizen can apply, not the spouse.


Fijate, muchacho...soy extranjero con esposa mexicana, OK? I think I have a good idea what I am talking about. Of course a Mexican can bring a foreign partner in to the country, but the application for government permission to allow that partner to stay here, to work, whatever, HAS to come from the foreigner - not the Mexican.

The INM deals with any issues you may have as a foreigner and your status in Mexico. The SRE deals with your conversion to Mexican nationaility.


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## PieGrande (Nov 16, 2008)

My information, which came from the Government office, as well as the Laws for Foreigners, was correct several years ago. Is it possible the laws or regulations have been changed? Certainly. And, I will be the first to admit I would not be up to date if it were changed.

At that time, this law was not well known, and on my visit to the Offices, I was finally routed to an employee who did not know about it, and insisted on giving me FM-3 papers. Two previous employees had informed me that my information was correct, that a Mexican Citizen must apply for the FM-2 for a foreign spouse to work at any licit employment, that the foreigner could not personally apply. The woman at the first, reception desk, said, "We are obliged to grant it." Which I thought was a strange way to say it.

My brother-in-law was with me, and he helped the third employee explain to me that I was wrong, that I needed the pensioner FM-3, though the previous two employees had agreed there was an FM-2 option which allowed the foreign spouse to work, and which required no income proof.

When we got home, I tossed the FM-3 paperwork in the garbage where it belonged, and told him we had wasted our trip. Again, he patiently explained how I had simply been mistaken.

I told him that would mean no Mexican can marry a foreigner who has no independent income, and Mexico is simply not that stupid. I could see the "oops lightbulb" go off. He took the Laws for Foreigners book and came back after while with bookmarks in the correct sections.

Every time I have posted this information, I receive the same response from people with considerable knowledge of Mexican immigration issues. I have had people angrily tell me they asked at their Consulate, which told them, no such status existed. At the same time, I also had married people respond who agreed they had exactly that paperwork. It cannot be done at a Consulate or any other office but the one in Mexico City.

I had planned to wait until next week when I am in Mexico again, but under the circumstances, I think I will find time to look at the compressed storage files on my HD, and see if I don't have that file yet.

I want to say again, if there have been recent law or regulation changes, I would not know. Like any nation, Mexico may respond to new information or the political winds, just as the US does. For example, at that time, only the citizen could apply. Perhaps some Mexican woman's group imported the US hoax that all men who marry foreign women are murderers or batterers, so they now require the woman -- or man -- herself to apply. I can see other reasons also such a change could occur.

The complexity of Mexican immigration law; coupled with the sometimes random interpretations by some officials, with the possibility of unexpected changes is the reason a good message board must allow for the relatively free exchange of ideas with the minimum of hostility directed at differing opinions or information.

Another possibility for a change could be a regulatory change to get the foreign spouse on the records ASAP on some sort of FM-3, with the FM-2 processed when it is appropriate, rather than the foreign spouse sitting in immigration limbo for six months or year, with no papers of any kind.

As far as leaving the country, I do believe you are correct and I mis-spoke. It stated a maximum number of days a year, a number that was unacceptably small for me, rather than the number of times one can leave with permission. Though that was the killer for me and the reason I dropped it, they are much more lenient than the US on a K-1 which makes the fiancee stick it out for the first two years, except in an emergency.

I do want to say again, if this is important to anyone, find a good immigration attorney in Mexico City, preferably an older one who will know if there have been recent changes in this area.

Another time I really got trashed out was when I first retired, and investigated the FM-3. I contacted the Chicago Consulate and they sent me a printed form stating the minimum income requirement for them was $1700 a month. Everyone else required only $1200 a month. I got called all sorts of names, though I had it in writing.

One can buy the Laws For Foreigners book at Porrua, across the street from Bellas Artes. The problem is these books do not get updated often, so if there has been a change in recent years, the book will still say the same exact thing, just as Guia Roji map books don't get changed years at a time.


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## maesonna (Jun 10, 2008)

PieGrande said:


> At that time, this law was not well known, and on my visit to the Offices, I was finally routed to an employee who did not know about it, and insisted on giving me FM-3 papers. Two previous employees had informed me that my information was correct, that a Mexican Citizen must apply for the FM-2 for a foreign spouse to work at any licit employment, that the foreigner could not personally apply. The woman at the first, reception desk, said, "We are obliged to grant it." Which I thought was a strange way to say it.


This sounds like a combination of idiosyncracies of poorly informed immigration employees and poor explanations on their part.

If a foreigner is to have work permission, they must apply to have work permission in their visa (whether it is FM2 or FM3). This is the same whether they are a spouse or not.

The applicant him/herself must make the application, but must be supported in that application by the employer. I think the employer's necessary involvement must be what they meant by "can not personally apply."

Likewise if the foreigner is applying for "dependent spouse" status, the spouse has to be involved in the application.

Been there, done that.


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## PieGrande (Nov 16, 2008)

*No, not exactly*

Since best possible information is this is all changed, it doesn't matter much. But, no, just as in the US only the citizen can initiate a K-1, that was the case then with only the Mexican citizen being able to initiate the papers for a spouse, it had nothing to do with an employer at all. I think I am going to find that article if I can, so y'all know what it was like then.


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## maesonna (Jun 10, 2008)

BTW, Bigfoot, so that we're all on the same page, when was "back then" for you? I entered Mexico as "dependent on spouse" (and not authorized to work) in 1998, changed my status to "employed" in 2000 and to "freelance" in 2001.


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## PieGrande (Nov 16, 2008)

*Part 1 of article I wrote at the time.*

Here is the original write-up I did on that issue. I need to make it in two parts. On the recent accusation that I needed to read the law, note the law is here, though it may have been changed since then

########################################


A review for those who might not have seen other postings on
this topic.

In 1997, my wife, who is a Mexican Citizen, and I retired. I
contacted the Chicago Mexican Consulate to find out how to
get FM-3 Papers. The official immediately told me if I were
married to a Mexican citizen, an FM-3 is not the answer. When
we moved to Mexico, my wife should go the Federal Offices of
Immigration in Mexico City, no other office anywhere could do
the job. Then, my wife could apply for permanent resident
status for me, as Spouse of a Mexican Citizen. And, I would
eventually be able to work, if necessary. I think she also said
after 5 years, I could apply for citizenship, but my memory isn't
perfect.

I had started as a regular on a forum where I no longer appear,
after being severely flamed for reporting that I walk the streets
and use the metro and street taxis and buses in Mexico City,
that rumors of crime and smog, while not being totally
unfounded, are greatly exaggerated.

I communicated with at least one person who had married a
Mexican woman, and she got papers, including work papers for
him, as described by the Consulate.

Our plans changed. Okay, my wife panicked, and refused to go
at the last minute, so we bought a mobile home in McAllen.

Four years have passed, and she has now "agreed in principle"
that we are going to live in Mexico, which probably means as
long as we are in good health, 8 months a year in Mexico,
instead of 4 months and 4 months in that mobile home in
McAllen. So, it has become an issue again.

Some months ago, a moderator of another forum announced
that a person marrying a Mexican Citizen had to fill out the same
papers as anyone wishing to become a resident of Mexico.

To say I was dumbfounded is an understatement. It
contradicted all that I had learned in my original search for
information.

And, recently, a North American woman (I think) who is
married to a Mexican citizen, and I think also living in Mexico,
announced the same exact thing.

I interpreted both statements to mean there is absolutely no
benefit for immigration purposes by being married to a Mexican
citizen. I do believe that's a fair interpretation of "no change in
requirements between a spouse of a citizen, and one who is not
spouse of a citizen".

I certainly couldn't say they were wrong. I haven't done it
personally, and I am not a Mexican immigration attorney. I
could say I was not convinced they were correct, and I did
recommend anyone in that situation should have the Mexican
spouse go to the office of Immigration in Mexico City, if it is
very important to them.

Yesterday, my brother-in-law, an attorney, returned from his
weekly trip to Guanajuato. He told me I could buy a book on
this topic, from Porrua, across the street from Bellas Artes
(Palace of Fine Arts).

I went and got a copy, for 80 pesos, of ESTATUTO LEGAL
DE LOS EXTRANJEROS, printed year 2000. It is a printing
of the codes of Mexico, that affect foreigners.

On p. 50, I found Art. 39:

La Ley General de Poblaci�n; Capitulo II; Art. 39.

"Cuando los extranjeros contraigan matrimonio con los
mexicanos o tengan hijos nacidos en el pa�s, la Secretaria de
Gobernaci�n podr� autorizar su internaci�n o permanencia legal
en el mismo."

When foreigners contract marriage with Mexicans or have
children born in the country, the Secretary of Gobernaci�n can
authorize their (nationality) or permanent status. (I hope this is
close enough.)

(The next paragraph tells what happens if the marriage is
dissolved; after 25 years of marriage, I am not bothering to
include it. I think it says the foreigner must leave, or qualify for
some other immigration status.)

That's all I could find, using the index. Clearly, that indicates
there is a legal benefit being married to a citizen of Mexico. In a
situation different from the laws which allow any person meeting
certain requirements to become a resident, there is a provision
just for spouses of Mexicans. I had no idea what rights at that
point, but there are some rights for residency or nationality not
available to others.

My brother-in-law said he had some time, and we should go to
the Offices, which are now on Ejercito Nacional, a 20 peso taxi
(using a street taxi, of course) from our home.

We went. The first window had a woman who spoke perfect
English, and she said, YES, there are special papers for those
married to Mexicans. For example, you can't be refused.

She sent us to the information window. He looked confused,
but admitted there was some special provision for people
married to Mexican citizens, and sent us to another window. At
that window, we were transferred, after a few irrlevant
questions, such as was I retired, to the rentista window. 

The woman at the rentista window asked if I were retired and
started handing me papers to apply for FM-3. When I asked
about different status for those married to a citizen, she insisted
the requirements were the same. (I suspect that is true, if you
are applying for rentista status.)

My brother-in-law asked me, after they realized it was faster for
him to translate, if I planned to work. I told him I didn't need
money, but I did want to be able to help people with
computers, for free, or teach English for free, without having
legal problems. They both insisted this would not be a problem
as long as I did not hold a regular job with a company. (But, we
are told differently, aren't we?)

I took her papers, and we left. I told my brother-in-law that he
should notice 2 out of 4 windows told us there was a difference
when you are married to a citizen. And, that I was sure when
we got mis-routed to the rentista window, the woman there was
trained in rentista stuff, so of course, she was going to try to fit
me into a rentista situation if she could, and I did not want that.

At home, I tried to explain again, that it made no sense, for
example, that a Mexican man could not bring in a foreign wife,
who did not meet the legal income requirements for an FM-3,
and support her as wife and mother of his children. I told him,
"Mexico is corrupt, but Mexico is not stupid, and if there is no
provision to permit Mexicans to bring husbands or wives from
another country, this country would have to be stupid."

A light bulb went on in his head, and he suddenly understood
what I had been trying to tell him. He agreed, it didn't make
sense, did it?

He borrowed my new book, and within 15 minutes, he
knocked on my door, and showed me some other items on
p.123.

Continued in part 2


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## PieGrande (Nov 16, 2008)

*Continued Part 2*

NOTE THAT I AM NOT AN OFFICIAL TRANSLATOR,
AND THUS DO NOT RELY ON MY INTERPRETATION
OF THESE ITEMS, if the result is important to you.
***********
"Reglamento De La Ley General De Poblaci�n, Capitulo
Septimo, Inmigracion, Seccion 1."

(Regulations of the General Law of the Population, Chapter 7,
Immigration, Sec. 1)

"Art. 143 -- Para la obtenci�n de la calidad migratoria de No
Inmigrante o de Inmigrante, en los casos del articulo 39 de la
Ley, se aplicar�n las reglas siguientes:"

(To obtain status of nonimmigrant or immigrant in the case of
Art. 39 of the law, the following rules are applied

"I. Al presentar la solicitud, el extranjero o extranjera demostar�
el matrimonio con mexicano o mexicana o la paternidad de hijos
nacidos n el pa�s;"

(To present the application, the male or female foreigner must
show marriage with a Mexican, or paternity of children born in
the country.)

"II. En el caso de matrimonio con mexicano o mexicana, el
extranjero o extranjera manifestar� en su solicitud el lugar
donde se establecer� el domocilio conyugal, y"

(In the case of marriage with a Mexican, the foreigner must
show (or declare?)in the application where the conjugal home is
established.) Note I have seen in the Civil Code of DF some
definitions of the term domocilio conyugal. In most cases, it will
probably be simply the home where the married couple live as
husband and wife, but there are all sorts of situations, and the
law defines which is the conjugal home.

"III. El extranjero o extranjera a que se refiere este articulo, al
solicitar la pr�rroga o refrendo de su documentaci�n migratoria,
deber� demostrar que subsiste el v�nculo se�alado en la fracci�n
1 y las condiciones que le fueron se�aladas en la autorizaci�n
que le otorg� la Secretar�a."

(Gosh, I wish I knew what this says. It refers to any foreigner
referred to in that article -- 39?? -- who applies for extension of
time or approval of his/her documents, must show that subsists
an eminent relationship (???) in part 1.,and the conditions that
were (se�aladas, whatever that means here, perhaps pointed
out?) in the authorization executed by the Secretary. I wonder if
this means when you ask for approval or time extension, you
must show proof your legal status still exists with that in the
original application??)

"Art 144 -- Al extranjero o extranjera que solicite su internaci�n
o permanencia en el pa�s dentro de las calidades de No
Inmigrante o Inmigrante en el caso de estar casado con
mexicana o mexicano, de acuerdo con lo establecido por el
articulo 39 de la Ley, la Secretaria podr� autorizarle que
desarolle libremente cualquier actividad siendo l�cita y honesta,
con la obligaci�n por parte del extranjero de notificar a la
misma la actividad que se encuentra desempe�ando, dentro de
los treinta d�as siguientes a la fecha de su iniciaci�n."

(Any foreigner who applies for nationality or permanent
residence as spouse of Mexican citizen, under article 39, can be
authorized by the Secretary to develop any activity that is licit
and honest, with the obligation to notify the Secretary of the
activity or job performed, within 30 days after the activity
begins.)

"Igualmente, tendr� obligaci�n de notificar cualquier cambio
dentro de los treinta d�as posteriores a que occura el mismo."

(Likewise, the foreigner has an obligation to notify of any
change of activity within 30 days after the change.)

"El extranjero o extranjera que haya sido autorizado de
conformidad con lo se�alado en este articulo, al solicitar la
pr�rroga o refrendo de su documentaci�n migratoria,
�nicamente deber� demostrar la subsistencia del vinculo
matrimonial y manifestar las actividades que realiza."

(The foreigner - covered by this article - who requests a time
extension or approval, only has to show the marriage
relationship, and the activities peformed.)

Those who are fluent in Spanish can see that I am not. I would
sure appreciate any major errors pointed out to me, since I am
going to preserve this posting for future reference.

But, it sure looks to me as if one who marries a citizen, and
properly completes an application, can indeed work in Mexico,
just as I was told by the Consulate in Chicago.

My brother-in-law believes if I go with my wife, holding a copy
of our marriage certificate in her hand, to the same office, we
will be referred to the correct person who deals with this
provision of the Mexican law, instead of being shuffled by
thoughtless people, to the rentista desk because I seem to be
qualified for that status, and they only know rentista.

I am theorizing that there may be a maximum time per year
allowed for us to travel outside the country under these articles,
so I may well choose to get an FM-3 in the end. Actually, I will
probably come on an FMT tourist permit, until I encounter
some reason to bother with FM-3. But, I believe we should all
have access to accurate information on the law before we make
our decisions.

I do fully understand why a person would come out of those
offices believing there was no provision for a citizen of a
Mexican spouse. Mexican bureaucracy can act like, oh, never
mind.


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## PieGrande (Nov 16, 2008)

I think I am motivated again to check things out, as I did before. It will take a while, because I probably will not be in DF until January or February. It Art. 39 is repealed, I want to know exactly what has replace it.

Did I make it clear that both Chicago and the woman in the Immigration office at that time insisted only the Mexican citizen could initiate the process? And, I am stipulating this could be changed for a variety of reasons.


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## RVGRINGO (May 16, 2007)

You seem to be making things difficult and the immigration clerks seem to be compounding the misinformation. You and your wife need to get an 'apostile' copy of your marriage certificate from the office of the Secretary of State in the state where you were married, if you were married in the USA. You will also need to prove that you are residing in Mexico, provide your current FMT, passport, proof of income/resources or dependency upon your wife along with her birth cirtificate and/or IFE card, and you may apply for an FM3 or FM2, at a higher price and a higher income requirement. As the spouse of a Mexican national, you may apply for naturalization as soon as two years. If you are having trouble doing this in DF, you might want to consider spending a few months in Chapala, where this situation is fairly common and several expats with, or without, a Mexican spouse have gone through the process without difficulty. At present, it seems the FM2 makes the process much simpler. A few years ago, the FM3 was accepted for naturalization after 5 years in Mexico, or only two years if you were the spouse of a citizen. The INM authorities actually come to Chapala, from Guadalajara, every Wednesday morning, to serve the large expat population here, and they do speak English. You would need to rent locally for a month or so to accomplish your task. Then, if you moved, you would simply have to report to INM at your new address and have them do a change of address within 30 days.
You have discovered that consulates are not INM, nor are they Aduana. They also tend to 'make their own rules' based on their interpretations of the intent of the various laws. The result is a great deal of inconsistency. The same is true, even from one border crossing to another, etc. Here, we have the advantage of a lot of expats in any of the several types of FM3 or FM2 documents. Many have elected 'Inmigrado' status from an FM2 and others have become naturalized. Testing for the latter has become tighter, as has the language requirement, but that also seems easier here than elsewhere.


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