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Flora Loveday

Jul 7, 2011, 1:40 PM

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Common Law Spouse

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Curious what the government or immigration department in Mexico considers a common-law spouse.

I have read something here about a concubine having to live with their husband for 5 years prior to being considered common law in this forum but unable to find any other reference to the law if one is not a concumbine.

What would immigration require as proof.



mazbook1


Jul 7, 2011, 2:40 PM

Post #2 of 7 (3376 views)

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Re: [Flora Loveday] Common Law Spouse

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From http://www.abrahamwatkins.com/...iage-In-Mexico.shtml

"It is well recognized that there is no common law in the Republic of Mexico. A review of Mexican law verifies that it is a Code state, and all of the laws are found in one or more of the various codes that apply to marriages. The particular rights and status of the people, whether they are married or not, are determined by the provisions of the applicable code. The relationship called concubinage is expressly provided for in one of the codes of the Republic of Mexico, as well as in the codes of individual states, and permits the female or concubine to inherit a portion of her partner's estate provided she can qualify under its terms, some of which are that the couple must have lived together and maintained their home for at least five years, and that such relationship must have been in existence at the time of the death of the male partner, or husband."

In México it is commonly called "Unión Libre", but legally it is "concubinato". Although the rights of inheritance as above require a five year period, there are other rights (of the concubina - common-law wife) that begin after 2 years of living together and/or if the concubinato is registered with the registo civil, the concubina even has rights to coverage by the "husband's" Social Security. Here is a little more from: http://www.mexicolegal.com.mx/...d=110211&forod=0

CONCUBINATO
.- Unión de un hombre y una mujer, no ligados por vínculo matrimonial A NINGUNA OTRA PERSONA, realizada voluntariamente, sin formalización legal para cumplir con los fines atribuidos al matrimonio en la sociedad.
La concubina y el concubinario tienen derechos y obligaciones recíprocos, siempre que sin impedimentos legales para contraer matrimonio, han vivido en común en forma constante y permanente por un período mínimo de dos años que precedan inmediatamente a la generación de derechos y obligaciones.


CONCUBINAGE-Union of a man and a woman, not linked by marriage to any other person, made voluntarily, without legal formalization to fulfill the purposes attributed to the marriage in society. The concubine and the concubinario are reciprocal, rights and obligations provided without legal impediments to marriage, lived in common on a constant and permanent manner for a minimum period of two years which immediately precede the generation of rights and obligations.


(This post was edited by mazbook1 on Jul 7, 2011, 2:50 PM)


Flora Loveday

Jul 8, 2011, 8:58 AM

Post #3 of 7 (3288 views)

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Re: [mazbook1] Common Law Spouse

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Thank you very much to mazbook1 who provided the legal definition of a concubine here. Much appreciated.

So my remaining question is... how much money does a Mexican husband have to earn to show they can support a foreign wife in Mexico... and what proof do they provide. Do they have to provide proof of title to property in Mexico, etc...

I see quite a few views on this topic already, but wondering if anyone has had personal experience with this.

Thank you in advance!


Marlene


Jul 9, 2011, 1:07 PM

Post #4 of 7 (3202 views)

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Re: [Flora Loveday] Common Law Spouse

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That one is going to depend on your local Immigration office. They all see things slightly differently (even in the same office!). It can be as simple as proof of him paying taxes and/or having a bank account with fairly regular deposits of a somewhat realistic amount for 2 people to survive on locally.


Flora Loveday

Jul 10, 2011, 10:14 AM

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Re: [Marlene] Common Law Spouse

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@ Marlene - thank you.

Has anyone here on the forum been sponsored by their Mexican husband or wife... In a large metropolitan area.

I appreciate any assistance, if their is a law or regulation somewhere that one can refer to possibly...


Marlene


Jul 10, 2011, 10:52 AM

Post #6 of 7 (3146 views)

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Re: [Flora Loveday] Common Law Spouse

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Here is the Immigration website.

http://www.inm.gob.mx/


Solomon


Jul 17, 2011, 3:32 PM

Post #7 of 7 (2948 views)

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Re: [Flora Loveday] Common Law Spouse

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I have the migratory status of Inmigrante Familiar because I am married to a Mexican woman. When I filed for that status, we gave her monthly income as $25,000 m.n. (pesos) per month, they had no problem with that.

I don't believe that the law or the regulations say anything specifically about how much a Mexican must make to be considered able to support their spouse, but for a retired person the formula works like this (according to the Migratory Manual published in the DOF in January of 2010):

1. For a No-Inmigrante Rentista the foreigner must prove that they have an income of 250 times the minimum wage in Mexico City: 250 x $59.28 = $14820 pesos

2. For each dependent of a No-Inmigrante Rentista, the Rentista must show an additional 50% income: $22230 pesos

3. For an Inmigrante Rentista the foreigner must show 400 times the minimum wage in Mexico City: 400 x $59.23 = $23712 pesos

4. For each dependante of the Inmigrante Rentista, the Rentista must show additional 50% income: $35568 pesos

This might help you get a figure to give the INM, but something to keep in mind is that the new immigration law (Ley de Migración, May 25, 2011) allows for preservation of the family unit and doesn't ask for any type of proof of income or solvency.
http://www.mymexicanlawyer.com - A blog talking about legal issues affecting expats living in Mexico
 
 
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