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babycakes

Jan 6, 2010, 2:35 PM

Post #1 of 20 (10050 views)

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Overstayed my FMT what to do now?

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So I am a good 2 months over my 6 month alottment.
I have an FM2 already in process. I was under the impression it would cost me about 2000 pesos or so. I was wrong. In the end, it costs more like 3500 pesos.
I decided that I rather go home instead.
Ive been told that my fine for overstaying.. if I leave in the near future would cost maybe 2000 pesos.
Id rather not pay either.
I know if I go home (US) by bus, I will not be asked to turn in my visa. I know this through past experience. I walked back across the border to turn in my visa because I didnt know if there would be problems coming back in otherwise.
Unfortunately, I have family here in Mexico- otherwise I would just ala fuga and never come back.
But I am concerned about getting back in.
So my questions are what to do, what have people done, and does that amount for the
fine sound right?
Do I have any other options?
TIA

chinagringo

Jan 6, 2010, 3:56 PM

Post #2 of 20 (10023 views)

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Re: [babycakes] Overstayed my FMT what to do now?

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Last August, we tried to cross into Mexico while having expired FMT's. Naturally, we got caught and the published fine was $5 USD per day past expiration. In our case, this amounted to $600 USD each! They will then negotiate from there and did have a printed chart with guidelines for a reduction. This happened crossing between New Mexico and Mexico. As usual, fines may be different at different border crossings!
Regards,
Neil
Albuquerque, NM

Reefhound

Jan 6, 2010, 5:35 PM

Post #3 of 20 (9995 views)

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Re: [chinagringo] Overstayed my FMT what to do now?

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Who and where are you supposed to return it to upon exiting? There is no Mexican checkpoint on the outbound exits I've seen except for maybe toll booths. I see signs reminding you to cancel your car permit but nothing about the tourist visa. I never see anyone turning them in when I'm in an immigration building. Do you get some kind of receipt? What if you turned it in and they say you didn't? Obviously, I'm talking about land crossings.

chinagringo

Jan 6, 2010, 6:26 PM

Post #4 of 20 (9973 views)

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Re: [Reefhound] Overstayed my FMT what to do now?

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Reefhound:

I can only speak for the set-up at the border crossing at Santa Teresa, New Mexico. At that particular crossing, there is one building where one obtains FMT's and vehicle permits. We always get our vehicle permit at the Mexican Consulate in Albuquerque but they do not issue FMT's and we have to obtain that at the border. How we got caught with the expired FMT's: 1) My last trip into MX in Oct, 2008, I used a Birth Certificate but had a brand new clean U.S. Passport - so they didn't have a clue with me 2) Kathy had used a U.S. Passport and they discovered it was not stamped "OUT" 3) When they started questioning her, she reached into her Passport case and they were both folded together and now we were both busted!

After spending 16 days in MX, on our way out we stopped at the same building and went inside to cancel the FMT's and they tried to tell us that they were good for 180 days and why did we want to turn them in? Been there done that and there was no way we weren't going to cancel them! Both of our Passports were stamped "OUT". From there, we went and canceled the vehicle permit and were questioned by them too.

By the way, this is a direct personal experience and not something heard from someone else and was an expensive lesson!
Regards,
Neil
Albuquerque, NM

Reefhound

Jan 6, 2010, 6:57 PM

Post #5 of 20 (9963 views)

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Re: [chinagringo] Overstayed my FMT what to do now?

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Sounds like a scam to me. I've crossed the land border a dozen times in the last three or four years and they have never stamped my passport either way. I flew into Cancun last year and they stamped entry but not departure yet they collect the tourist visas and don't let you on the plane without it.

That they didn't want to cancel your visa sounds like they are not used to doing it, that few are coming in to have it canceled. Seems like they should just auto cancel after it's expiration.

Maybe the easy solution is to just cut out the page missing the departure stamp?

chinagringo

Jan 6, 2010, 7:21 PM

Post #6 of 20 (9953 views)

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Re: [Reefhound] Overstayed my FMT what to do now?

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Reefhound:

Don't wish to get into an argument about what did or didn't happen or speculation on such! We had driven down in October of 2008 and thought we would be going back within the 180 day window and totally forgot about it. When planning our Augusr of 2009 trip, Kathy discovered what had happened and in fact, I posted a question on this forum about it. The answer I got was: Don't worry be happy! All was well and good until we were confronted at the border crossing. We ended up spending a good hour and a half resolving this issue and your solution of tearing out pages of a U.S. Passport would not have resolved a thing! I can cite any number of experiences in previous years of flying into Mexico that would align with your statements but "things are a changing"! Granted the Immigration Lady and her supervisor may have gone on a shopping spree that night but we were not given a bunch of choices.

By the way, I happen to be a Moderator on a fairly loose recently formed Mexico Forum and one of our rules/guidelines is that posts must be "personal experience" and not from hearsay or I have been told sources.

The one thing consistent in Mexico is its lack of consistency!
Regards,
Neil
Albuquerque, NM

Reefhound

Jan 6, 2010, 7:44 PM

Post #7 of 20 (9948 views)

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Re: [chinagringo] Overstayed my FMT what to do now?

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Why do you say tearing out the passport page would not have helped? You said in your account they had no problem with your clean passport and the problem arose when they noticed your wife had no Out stamp. Well if she didn't have an unmatched entry stamp she wouldn't have needed an exit stamp.

chinagringo

Jan 7, 2010, 5:57 AM

Post #8 of 20 (9897 views)

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Re: [Reefhound] Overstayed my FMT what to do now?

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I think if you were to check into it - you would find that it is Illegal to alter a Passport in any manner. Now maybe Mexico authorities may not notice that a page had been removed but I for one would not want to take a chance on returning into the U.S. with a Passport that had been altered. Good way to create problems for yourself!

Additionally, a Passport is not your property. You pay the fees to have and carry one but they remain the property of the government.
Regards,
Neil
Albuquerque, NM

Marlene

Jan 7, 2010, 5:30 PM

Post #9 of 20 (9828 views)

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Re: [babycakes] Overstayed my FMT what to do now?

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Did they not take your tourist card as part of the application process with the FM2? Once you apply, you are covered. Ask them for the letter they can provide saying your FM2 is in progress.

babycakes

Jan 7, 2010, 6:04 PM

Post #10 of 20 (9812 views)

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Re: [Marlene] Overstayed my FMT what to do now?

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Thanks for the response.
It's that, I want to go home permanently. Now they are telling me that since my FM2 has already been processed I HAVE to pay for it.
I want to leave and not pay for it. I dont have the money to do both. Im just concerned about coming back into Mexico. Like they will see I have that pending. If I didnt have family here I would just not come back. Ever.
But not an option.

chinagringo

Jan 7, 2010, 6:14 PM

Post #11 of 20 (9799 views)

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Re: [babycakes] Overstayed my FMT what to do now?

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We all make mistakes as we wander through life and you don't appear to be any different. Sometimes it takes a somewhat expensive lesson to learn but what the heck - we all need life's lessons! I would hate to see you make a decision that will come back on you in later life and the only option you have is regret.
Regards,
Neil
Albuquerque, NM

Marlene

Jan 7, 2010, 6:20 PM

Post #12 of 20 (9795 views)

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Re: [babycakes] Overstayed my FMT what to do now?

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We have to pay for our FM2's or FM3's before the process begins. The proof of payment from the bank must accompany the application package or it doesn't move forward. Just out of curiosity, which Immigration office will start processing before you pay for it? I think that's unusual.

Rolly

Jan 7, 2010, 6:28 PM

Post #13 of 20 (9787 views)

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Re: [Marlene] Overstayed my FMT what to do now?

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Unusual indeed. So unusual that I wonder if she has misunderstood the situation.

Rolly Pirate

morgaine7

Jan 7, 2010, 6:55 PM

Post #14 of 20 (9772 views)

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Re: [babycakes] Overstayed my FMT what to do now?

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Mexico permits only one migratory status at a time. So if INM considers you to be an FM2 holder, you can't just leave and legally re-enter the country on an FMT. Whether or not they would consider you as such if you never pay or collect the document is anybody's guess, but it's a concern if returning is important to you.

Each INM office is different. Ours asks for payment after the FM2 application is approved, but before the document is processed. Apparently your office does things differently, so it probably would be wise to get legal advice from someone familiar with INM procedures in your location. From what you've said, it sounds like an FM3 would be better for you, and maybe they'd let you change.

Good luck. It's not an easy situation (and probably not a common one).

Kate

babycakes

Jan 7, 2010, 8:56 PM

Post #15 of 20 (9744 views)

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Re: [Marlene] Overstayed my FMT what to do now?

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D.F. office. I made the solicitation. They processed it. Now I have more paperwork including payment.. to process it and get the visa in hand.

babycakes

Jan 7, 2010, 9:04 PM

Post #16 of 20 (9738 views)

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Re: [morgaine7] Overstayed my FMT what to do now?

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Thx for the very helpful response, morgaine. I doubt they would see me as a visa holder bc I dont have the visa. I dont know if they would see my status as "pending" though.
Im leaning towards paying it as there is only the slightest possibility that years from now I come back to work.
How do you think the FM3 would be more beneficial?
I am not studying or working.. it was a FM2 economic dependent.
If you, or anyone, knows a really good lawyer please feel free to PM. Just remember that this is about saving money and if I have to shell out a ton in legal fees just to get advice Id rather just pay for my useless FM2.

esperanza

Jan 7, 2010, 9:25 PM

Post #17 of 20 (9732 views)

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Re: [babycakes] Overstayed my FMT what to do now?

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One of the rules for holding the FM-2 is that you are only allowed to be out of Mexico for 180 days during the 5-year period. If you have an FM-2 and leave Mexico planning not to return for an extended period of time, you are required to turn in your FM-2.

Something is weird here.

ETA: Turns out that what's weird is yours truly. Subsequent posters are correct: 18 months out of the country in five years.

http://www.mexicocooks.typepad.com

(This post was edited by esperanza on Jan 8, 2010, 9:53 AM)

morgaine7

Jan 7, 2010, 9:40 PM

Post #18 of 20 (9728 views)

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Re: [babycakes] Overstayed my FMT what to do now?

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FM2 is an immigrant visa and restricts the time you can spend outside Mexico (18 months in five years). It's usually appropriate only for people who live here and intend to become permanent residents. You said you wanted to go back to the US permanently except for visits. FM3 is a non-immigrant visitor visa, allows unlimited time outside the Mexico, and is significantly less expensive than the FM2. But I know nothing about economic dependent status, and you hadn't mentioned that earlier.

I suggested legal advice because you seemed to be leaning toward leaving without paying for the FM2 and without being aware of potential consequences. Since returning is important to you, it's best to know where you stand.

Kate

babycakes

Jan 7, 2010, 9:41 PM

Post #19 of 20 (9726 views)

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Re: [esperanza] Overstayed my FMT what to do now?

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Esperanza-
I was told 18 months in a 5 year period... not that it really matters, I plan to be outside of Mexico for much longer than that!
It is wierd or rather illogical this whole mess I find/got myself in. A complete SNAFU.

Marlene

Jan 8, 2010, 5:24 PM

Post #20 of 20 (9636 views)

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Re: [babycakes] Overstayed my FMT what to do now?

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If you were planning to stay in Mexico permanently, then the FM2 was the right move. You mentioned in earlier posts that you were married to a Mexican, so this is a normal process and not out of the ordinary. But if you are now leaving the country, then it is not a wise decision to carry through with it. Consider too, that with either an FM2 or FM3, you will have to renew annually. If there is a chance you will change your mind in the next year and will be back in Mexico at renewal time, then speak to them about getting an FM3 instead. Otherwise, tell them you are leaving and require neither at this time.

(This post was edited by Marlene on Jan 8, 2010, 5:26 PM)