"New Immigration Regulations"

Discussion in 'Living in Cancun' started by V, Sep 4, 2011.

  1. limejello

    limejello Enthusiast Registered Member

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    What about with Mexican children?

    Hi all,

    I hate to interrupt the discussion about PC vs. non-PC behavior, but I have a question; maybe you can answer this, V?

    I know that in the past to qualify for a family (a.k.a. spouse)-based FM2 there has to be some proof of solvencia economica. My husband has worked in maintenance, construction, and other not-so-well paying jobs in Mexico. We would get by with his salary alone, I know, because many families do. The thing is, I'd hate for this technicality to keep me from qualifying for an FM2, because it seems like, with respect to previous requirements, the requisite income is quite high (higher than we could muster, even with both of us working here in the US!).

    I see that under the new requirements that children born in Mexico (or otherwise considered Mexican by birth?) likewise works as the basis of an FM2. I have 2 children with my husband, one born in Mexico and one born here in the U.S.. Do you see anywhere that there if we go that route (children as opposed to spouse), that we'd still have to prove solvencia economica?
     
  2. Steve

    Steve Administrator Owner

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  3. V

    V I can choose my own title Registered Member

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    Limejello, not to offer a definitive opinion, myself, if I understand what you're saying you and your husband would like to consider living in Mexico with your children, but your husband's work is irregular and perhaps impossible to prove satisfactorily to INM, owing to his wages not going straight into a nomina account, and perhaps being paid to some degree "off the books".

    I think this will present an issue for INM, and a hurdle that could be impossible to overcome, as Mexico will naturally want to know the family can be self-sufficient here.

    Your qualifying as a "rentista" (able to live off resources you have from abroad), or getting either a job offer or showing you have income from self-employment sufficient to support yourself and your children should do the trick, though.
    ____________________

    Others, who have a different take on this, please feel free to chime it!
     
  4. T.J.

    T.J. I can choose my own title Registered Member

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    May I ask what is the requisite income for the family based FM2? Is it the same amount if the "family" has 0 children or 5? I think for the FM3 that I had for a few years and the FM2 which I recently obtained, it is about $20,000 US per year. And this is not truly income, rather it is bank deposits.

    Previously applicants who provided evidence of assets, but not deposits, were able to use such evidence but this apparently did not meet the technical requirements of the regulations and is no longer acceptable.

    One "trick" which seems possible to use, is to simply move money, for example, from a savings account to a personal checking account, and a few days later, in one or multiple transactions, transfer it back. The personal bank statement would show the amounts in and out but only the "ins" are important. Rather than a trick, I think attorneys and politicians would prefer that it be called a loophole.

    Good luck.
     
  5. V

    V I can choose my own title Registered Member

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    Good question, which I don't have a real answer to. The law says "sufficient" income to support the family, whereas in other sections, like for Rentista, the requirement is defined as 500 times the daily minimum wage in Mex City.

    If I didn't miss something (easy to do when it comes to the law) the implication may be that the standard for a family based application is flexible. I suppose if that were the case you could submit a proposed family budget and show that the income is sufficient to meet it. In the case of Limejello, however, as I understood her, they wouldn't be able to prove the husband's income, as it would be somewhat irregular.
     
  6. limejello

    limejello Enthusiast Registered Member

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    Thanks for the reply! I think what we might do is just save enough and do some funny business with transferring money into a bank account for three months to show sufficient income.

    Not considering my kids, I make enough money to qualify for an FM2. My job as a grant writer wouldn't continue once I move to Mexico, barring some miracle, so making enough money seems to be a moot point.

    What I'm wondering is if a letter would suffice in lieu of bank statements. We have a lot to think about here. It's just NOT working out for us here in the U.S.. :-(
     
  7. T.J.

    T.J. I can choose my own title Registered Member

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    I am nearly positive that you need the bank statements. Many banks allow you to print them online, by date range.

    Good luck. It is best just to give them what they require and deal within the system. Typically, no one will go out on a limb and make any kind of decision about exceptions to their requirements.
     
  8. CancunMole

    CancunMole Addict Registered Member

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    Since you indicate that you have one child who was born in Mexico and that your husband has worked in Mexico, is your husband already a Mexican citizen by birth too? If yes then I think that different rules may apply to you and your other child with respect to acquiring an FM2.

    You may want to check with a Mexican Consulate in the US to see exactly what would be required. Good Luck.
     
  9. V

    V I can choose my own title Registered Member

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    They apparently do, and that's what I was referring to when I wrote-
    The problem, as Limejello has related it and I understood it seems to be twofold; after moving to Mexico she will have no income, and her husband will have irregular income (and no way to meet the standard for "reliability" of the proof of income the law speaks of).

    To give others an opportunity to look at the rules applied to these cases, here they are-

    http://www.inm.gob.mx/static/marco_juridico/pdf/manuales/03_MANUAL_DOF_29-ENE-2010.pdf

    Always a chance someone else will notice something I've missed.
    ________________________

    Here's the exact language you'll find there, p 67-
    This is why I think it could work- for those who can prove a reliable income, whether from the husband or wife, that seems to fit a reasonable budget for a small Mexican family- to put the question before the INM, by applying for the FM2 Familial. There does not seem to be a fixed amount that must be established, simply a stream of income sufficient, in the judgment of the INM, to support the family.
    _____________________
     
    Last edited: Nov 6, 2011
  10. T.J.

    T.J. I can choose my own title Registered Member

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    Fat chance V. Jajaja.
     
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