immigration

Discussion in 'Living in Cancun' started by bt, Oct 9, 2012.

  1. Cancun Fun

    Cancun Fun Guest

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  2. limejello

    limejello Enthusiast Registered Member

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    That's great info. Interestingly, it seems from the research that I've done this morning that economic solvency is not one of the listed requirements. That is, if a person is getting a visa because of their familial relationship with a Mexican, economic solvency is not an *explicitly* stated requirement. Whether this turns out to be true or not once the new regulations are rolled out remains to be seen. I posted my question in the comments section of that article, Cancun Fun, and I'll see if someone responds...
     
  3. V

    V I can choose my own title Registered Member

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    Have you had a look at Article 112, of the new regulations, as I suggested, earlier? If not, here it is-
    Although this is addressed to the requirements for obtaining a visa, based on family unity, I think those are the same standards that would be applied to a status change, in country, which you´d be eligible for, as a spouse of a Mexican citizen, even if you entered without a visa. (See Art 141 of the new regulations). Is there some reason to believe this requirement will not apply to you, and your situation?

    The article Cancun Fun referred you to deals only with visas issued at consulates and visas abroad, and does not attempt to address the ins and outs of status change for those who enter without visas under the new law; this should be kept in mind when reading the article.
     
    Last edited: Oct 19, 2012
  4. limejello

    limejello Enthusiast Registered Member

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    V, I do remember reading this. For some reason I read it wrong, and assumed it was only for those who are permanent or temporary residents at the moment and want to bring their family members. As in, if I was living in Mexico with a temporary/permanent visa and wanted some member of my family to come into the country. I guess that came down to a misunderstanding on my part as to who the solicitante is.

    The issue now is, how would my kids factor into this? I would be the only one requiring a visa, but I'm sure they would count toward increasing the solvencia economica limit. I have no doubt that we would be fine financially, but the historical limits that I've seen are so high, I'd be surprised if anyone but the top 5% of families in Yucatan would even qualify to meet those limits. :-(
     
  5. V

    V I can choose my own title Registered Member

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    I think Art 112 has to be read together with Art 111 to make it clear who the solicitante is: as I imagine it, based on these two articles, your husband would be the solicitante (Art.111,1b), asking for permission for you to join him in residency, together with your children. All of you would already be in country, as I outlined one possible scenario, earlier, and you would be making an application for a status change from Visitante to Residente, at the local offices of INM, under the provisions of Art 53 of the law, and 141 of the regulations.

    He (the two of you) would have to show adequate means to support the family. At this point, I have no reason to believe (since I have no experience with it, and can´t find the numbers, though they are probably published somewhere) that you would be required to do more than show an ability to live at a modest, Mexican standard, your Mexican husband being the solicitante. I´m guessing that´s going to prove to be 6,000 pesos, or less, if the matter is not left, in fact, entirely to the discretion of INM. The law strongly favors family unification, and with your husband asking for the very natural right to have his family with him, they will be inclined to grant his request, provided he has a job with a verifiable, regular income.

    His landing a job with a regular income is going to be key to this, unless you manage to do the same. Maybe you'll get lucky and both of you have a regular income by the time you're ready to apply (at some point during the 180 days you'll be given when you enter the country).

    [I think I´ll be able to find the numbers, eventually. Art 112 said these are to be published in the Diario Official de la Federacion, but when I searched the site, I didn´t get anywhere: ditto, the INM website, so far.]

    As always, if someone reading this sees an obvious error, please let us know.
     
  6. limejello

    limejello Enthusiast Registered Member

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    I found a forum that addresses FM3 and FM2 requirements as a spouse of a Mexican, with a post that includes the specific requirements for Merida.

    It appears that as of April 2011, the economic solvency requirements were as follows:

    To me, these numbers are extremely high. Most (and I mean most) of the families I know in my husband's town are subsisting just fine on around $18 a day MAX. x 30 days that's only $540. I believe that these numbers are in line with the rentista requirements, but include the additional condition that the foreigner must have a letter from their spouse in support of their application, and must also have proof that the marriage is valid:

    I don't know how these requirements might change (if they do change) with the new law. As you have said, we'll have to see once the new numbers are published.

    Please let me know if you think I might be reading this entirely wrong. It has happened, but not very frequently. :-D
     
  7. V

    V I can choose my own title Registered Member

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    limejello, when I read that web page you were referring to it seems to me to be posters relying on what other posters, to other forums, were saying. I saw no cite to the law, or regulations, though the information was detailed. (Did I overlook something?)

    Without knowing the source of the information, we cannot go back and check to see what the orginal poster was relying on, nor can we check it.

    And, I agree with you, the numbers posted are way out of line with what a majority of Mexican families rely on for income.

    I have the feeling that this information has no relevancy to your case, but without cites to the law there is no way to check it.

    I would point out that, in the last post to the thread, a poster comments that she´s found out if the applicant is relying on the Mexican husband´s income for support, the sums required are less. People stoppred posting to the thread, at that point.

    I don´t know how many people file, relying on the Mexican spouse´s income, but it wouldn´t be surprising if the standards weren´t relaxed, in that case, as I said before.
     
  8. V

    V I can choose my own title Registered Member

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    OK, I´ve made some progress. I went to the webpage for the Secretaría de la Gobernación and searched for ¨migración.¨ Then, I clicked on ¨acuerdo por el que expide....¨

    Then, I did a webpage hunt for the word ¨solvencia.¨

    If you keep clicking on ¨next¨ until you reach 2.28, you´ll find the detailed requirements laid out. As for solvencia, when the Mexican spouse is the applicant, it says-
    Unless there is more to it, it means what it says,¨...a juicio del INM....¨ This is what I expected, but it´s nice to have it straight from the law.

    With that you could, if you wish, choose to stop worrying about the technical requirements and start focusing on the practical issue of how your husband could land a job, or work, with regular, verifiable income.
     
  9. V

    V I can choose my own title Registered Member

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    Limejello, although the language, "in the judgment of INM" which I quoted, came from the manual which is the INM employees' internal guide for operations, I found the same language in the regulations- Art 164, as I recall. Until someone can point us to an obvious error on this, I'm comfortable with this being the probable state of things.

    In the article I mentioned, there is also reference to the INM giving permission to the foreign spouse to work, if they find it justified (by circumstances). I can't imagine them not taking both your husband's income, and your potential income into account in deciding whether there is adequate support for the family members to justify giving you and the children permission to remain in Mexico, long term.
     
  10. bt

    bt Enthusiast Registered Member

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    Went back in yesterday weds for 10;30am appt-for fingerprinting,and to turn in the payment paper/ waited for about 20 mins, for this, and then was told to come back today to pick up my document FM2 what ever its called- went back in 11;30am today, and was back out document in hand in about 5 mins- pretty good experience this year-Was also told "next year -will be good for four years"
     
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