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dandalton123

Jul 28, 2011, 9:54 PM

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marriage

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I am about to marry a mxican girl. which way is the easiest bring her here on a finace visa or go to mexico marry her then apply for all the stuff when we are in mexico city. I am not totally sure on legal things when it comes to marrigae. I have had friends marry in mexico but they were both us citizens. would all e need is a civil wedding. what papers would I need to make weding official? please help me thanks all

esperanza

Jul 29, 2011, 7:09 AM

Post #2 of 24 (4688 views)

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Re: [dandalton123] marriage

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You will not be able to marry a Mexican citizen in Mexico unless you have an FM-3 or FM-2 visa and have actually established residency in Mexico. Even then, the process is arduous and very expensive.

My wife and I were married just a week ago; I am a Mexican citizen and she holds an FM-2 visa. The paperwork was enormously complicated and getting all of the necessary permissions--and this for a civil ceremony--took three months.

I'm sorry to say that you would not be able to accomplish it all from the USA.

It's much easier for two foreigners to marry in Mexico than for a foreigner to marry a Mexican citizen.

Someone more knowledgeable than I will need to address the question of a 'fiancee' visa to enter the USA.

http://www.mexicocooks.typepad.com

cbviajero

Jul 29, 2011, 8:22 AM

Post #3 of 24 (4662 views)

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Re: [dandalton123] marriage

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It took about 7 months to get approved for a fiancee visa,then they wanted us to go to the u.s consulate in ciudad juarez for an interview, the same ciudad juarez that they the u.s.state dept says to avoid at all costs,we declined their offer and got married in mexico instead,lots of paperwork but atleast we didn't have to go to juarez.
Chris

cbviajero

Jul 29, 2011, 8:55 AM

Post #4 of 24 (4649 views)

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Re: [dandalton123] marriage

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By the way I live about 20 minutes away from the consulate in guadalajara but they don't do fiancee visas only the consulate in the war zone known as ciudad juarez does.I have 2 words for the u.s. state dept.(Que Pendejos)
Chris

Papirex

Jul 29, 2011, 9:17 AM

Post #5 of 24 (4639 views)

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Re: [dandalton123] marriage

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There are some important things you should know:

A civil marriage is the only type of marriage that is legally recognized if it is performed in Mexico.

Esperanza is right, a foreigner must establish legal residency here to marry a Mexican citizen.

Simply being married to an American does not grant anyone the right to enter The United States. A visa must still be applied for and granted, an expensive and very time consuming process usually, it will usually be denied on the first few tries. I have a brother-in-law that was born in Texas and raised in Mexico City, he is a dual citizen. He is engaged to marry a woman from Mexico City, she is a physician with a good job. She has been unable to have a visa approved to visit him in The US. The US Embassy is full of blockheads.

I have never heard of a “fiance visa”.

The US Embassy does not perform marriages.

I met and married my late Mexican wife in Alaska. She had entered The US legally with a visa to visit an uncle up there, she had overstayed her visa. After our marriage when I contacted The US Immigration service to apply for her permanent residency card, commonly called a “green card”, I was asked many times where her visa was located. I kept telling them, here in our house.

They kept asking where in your house? I finally told them it was stamped in her passport. I was then told to bring it with me when we went to their office to apply for her residency card. They said if it was on a separate paper, it was a forgery, if she entered The US legally, she could remain there while her application for a permanent residency card was being processed, even if her visa had expired, but if she had entered The US illegally, she would be required to return to Mexico while her application was being processed, and it could take several years.

We received her Green card via mail in 2 or 3 months, and a non-working Social Security card a month later. The Social Security card was necessary to make her the joint owner of my bank accounts and credit cards, for her to get credit cards in her own name, and to get an Alaska drivers license, etc., a lot of cops refuse to believe that a Mexican drivers license is valid in The US, and vice versa.

Do not believe them when any Mexican tells you something is “no problem”, they are so used to violating their own laws with impunity down here, that you must validate the correct method to do anything yourself, a foreigner caught violating any Mexican laws is subject to immediate, summary deportation.

Good luck, Rex
"The supreme happiness of life is the conviction that we are loved" - Victor Hugo

Bethie

Jul 29, 2011, 10:01 AM

Post #6 of 24 (4623 views)

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Re: [dandalton123] marriage

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you would file a I-130 with an I-129 form (go to USCIS website to read up on them) one establishes who you are, all of your information, all of her information and the I-129 is the Financee form. you will be required to submit orignal documents such as birth certificates (there is a list of items which you can read on that website). Once the USCIS approves the applications, they are sent to the National Visa Center. You will then be notified to complete an Affidavit of Support that you make enough money to support her; pay the Visa fee, then you will complete a DS-260 form on line. They will review and within a few months she will recieve an appointment in Juarez for the Visa Interview. Before the interview she will get fingerprints for the background check, take a physical in Juarez, get vacinations, etc. After the interview a determination will be made and sent to her via DHL (at the DHL office of her choice - she will have to go and pick it up). Once here you guys will have 90 days in which to get married. once married she files for an ajustment of status and will most like get a temporary (2 year) green card (CR1). After 2 years you will go on another visa interview here in the US to be sure the marriage is still legitimate. After that interview she will be issued a 10 year LPR card.

As long as she has never been in the US illegally, you should not have a problem. You can call the NVC to find out processing times for an I-129.

if you google Juarez Disussion Forum you will find many people going thru the visa process who are willling to share their experiences from how to fill out forms to where to stay in Juarez to where to eat, cab companies, flights, etc.

Don't let it frustrate you, it can be done and the NVC is streamlining their procedures all the time.

Good Luck

Reefhound

Jul 29, 2011, 10:12 AM

Post #7 of 24 (4613 views)

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Re: [Bethie] marriage

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"As long as she has never been in the US illegally, you should not have a problem."

That's an important point. A foreigner must still qualify for admission even if married to a U.S. citizen. If she has been previously deported, has a criminal record, other disqualifying factor, or is subject to a bar then she will be denied admission. You know her better than us but these kinds of processes sometimes unearth skeletons.

cbviajero

Jul 29, 2011, 10:15 AM

Post #8 of 24 (4612 views)

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Re: [dandalton123] marriage

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If you establish legal residency you will also have to provide an apostilled birth certificate from your home state which will then have to be translated by an official translator and then they will require you to buy a federal permiso to marry your girl approx.4000 pesos, then blood tests,then premarital counseling at the local DIF.In my case I told them I already had my my future father inlaw's permission to marry his daughter and why should I pay them no go,then I asked about the need to translate my birth certificate, whats to translate my name, my place of birth California or my date of birth how ridiculous.I have 2 words for all government bureaucracies(Que Pendejos)
Chris

esperanza

Jul 29, 2011, 10:23 AM

Post #9 of 24 (4607 views)

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Re: [Papirex] marriage

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Papirex said, "A civil marriage is the only type of marriage that is legally recognized if it is performed in Mexico."

He is 100% correct. To expand on that just a little, a wedding performed by any church or synagogue in Mexico is meant to be God's blessing on the couple, who are then married in the eyes of God, but it is not a legal marriage. In other words, if you have a church wedding but no civil marriage, you are not legally married in Mexico. You can have a civil wedding without the religious ceremony without need for the latter.

Furthermore, you can't have a Roman Catholic church wedding unless you are a member of the parish you wish to marry in and comply with its rules--pre-Cana conferences, posting of banns, etc. I am not familiar with Mexico's synagogues' rules about marriage, but I'm sure if you need/want that information, someone here can help you.

I know many young Mexicans who have been married 'por la civil' and who long to have a church wedding (for them, the church wedding with God's blessing on the newlyweds is the 'real' wedding; the civil ceremony simply complies with the law), but can't afford all the whoop-de-do that ordinarily goes with one: the gala clothing, the party, etc. Some end up having their church wedding years later, when they have saved enough cash. Others have their wedding with multiple padrinos--'godparents'--who sponsor payment of the flowers, the dress, the veil, the rings, the laso, the food, the liquor, the salón de eventos, etc. Other young couples, of course, are sponsored by their parents and have fabulous fairytale weddings.

http://www.mexicocooks.typepad.com

salto_jorge

Jul 29, 2011, 12:24 PM

Post #10 of 24 (4558 views)

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Re: [dandalton123] marriage

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I got married in the old days, things have really changed since the early 70's.

In the US we needed, TB chest x-rays, Blood & STD tests.
Went to the county clerk and got married by the local judge.
Then drove to mexico for a church wedding.
Wife already spoke english, had our marriage cert with us and drove back home to the US.

Wife applied to INS for a green card.
Made an appointment and filled out all of the forms.
She had to get finger printed by the local police and id check performed.
TB X-ray again for INS
Need bank information.
She had an expired student visa, they wanted to see it.
She did had to apply for and hand in a current Mexican Passport, not border crossing card
Wife was told not to leave the US before the INS interview or she may not receive a visa.

Interview was about 9 months after we were married.
At the interview we were asked the strangest questions (alone), then together.
They wanted to make sure we were living together.

Several months passed and we (both of us) were called to visit the INS office.
Wife received some papers to sign, IRS documents to be completed.
That was it.

To this day, I do not know if the Green card ever expired.

At least 15 years ago before becoming a US citizen she had to hand in her green card.

(This post was edited by salto_jorge on Jul 29, 2011, 12:27 PM)

sparks

Jul 29, 2011, 4:29 PM

Post #11 of 24 (4517 views)

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Re: [salto_jorge] marriage

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If the intent is only to bring her to the US ... getting married in Mexico is of little use. In fact when I almost went thru the Fiancee Visa back in 98 it was advised that a Mexican marriage with a relatively short relationship might be seen as a way to beat the system.

You do have to (well) document your visits with her over the period of of six months minimum (not one or two visits). Much better if she has an education, property owner and can fully document any children

Sparks Mexico - Sparks Costalegre

Bethie

Jul 29, 2011, 8:33 PM

Post #12 of 24 (4462 views)

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Re: [sparks] marriage

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Yes, documentation of the relationship is essential. Pictures, ticket stubs, invitations addressed to both parties, etc. these will be sent in with your I-130 to document the relationship. Letters from friends, family, clergy who can attest to the relationship may also be submitted as proof of the relationship. Joint checking/savings account statements, property or vehicles registered in 2 names, etc.

Ric Hoffman

Aug 1, 2011, 4:17 PM

Post #13 of 24 (4320 views)

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Re: [esperanza] marriage

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I would suggest that you check the INM site for more accuate information. This says one holding a valid FMM can apply for permission to marry.

According to the currently followed INM manual for implementing the LGP ( ACUERDO por el que se expide el Manual de Criterios y Trámites Migratorios del Instituto Nacional de Migración. Viernes 29 de enero de 2010 DIARIO OFICIAL (Quinta Sección) )

9.1 Autorización para que un extranjero pueda contraer matrimonio con mexicano
Aplicable al extranjero que pretenda contraer matrimonio con mexicano en el país.

9.1 Authorization so that an alien can marry Mexican applicable to the foreigner who intends to enter into marriage with a Mexican in the country.

Hasta 30 días, sin que rebase la vigencia del documento migratorio del presunto contrayente extranjero.

Up to 30 days without that exceeds the duration of the migration document of alleged foreign spouse.

a) Copia de la forma migratoria vigente del presunto contrayente extranjero.
b) Pasaporte o documento de identidad y viaje, válidos para México, en el caso de que el presunto contrayente extranjero acredite su legal estancia con Forma Migratoria Múltiple.
c) Comprobante de pago de derechos.
d) Carta firmada por los presuntos contrayentes, dirigida al INM, en la que declaren bajo protesta de decir verdad, que ni uno ni otro tienen impedimento legal para contraer matrimonio, indicando: Número de la oficialía o del juzgado del registro civil en donde se realizará el matrimonio, entidad federativa, municipio y localidad en donde se ubica el mismo, y fecha en la que se llevará a cabo el matrimonio.
e) Documento que acredite la nacionalidad del presunto contrayente mexicano.
f) Identificación oficial vigente del presunto contrayente mexicano.

(a) a copy of the existing migration form of alleged foreign spouse.
(b) passport or document of identity and travel, valid for Mexico, where alleged foreign spouse prove his legal stay with multiple migratory form.
(c) proof of payment of rights.
(d) letter signed by the alleged marriage to the INM, which declare under protest to tell the truth, that neither are legal impediment for marriage, stating: the oficialía or number of the Court of the civil registry where the marriage, State, municipality and town where is located the same, and date will be that the marriage will take place.
(e) a document attesting to the nationality of the alleged Mexican spouse.
(f) the spouse alleged Mexican valid official identification.

The cost for the approval is:

DERECHO POR SERVICIO MIGRATORIO ORDINARIO (DSMO) - N$2,658.00
(Art. 13 Fracc. I.- Permiso para contraer matrimonio con nacional)
(Art. 13 Fracc.) (I.-permission to contract marriage with national)

(This post was edited by Ric Hoffman on Aug 1, 2011, 8:12 PM)

esperanza

Aug 1, 2011, 4:27 PM

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Re: [Ric Hoffman] marriage

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Ric, thank you for posting the INM information. However, having just done this, I assure you that the reality is slightly different from the website data--at least here in the DF. YMMV.

http://www.mexicocooks.typepad.com

(This post was edited by esperanza on Aug 1, 2011, 4:28 PM)

Ric Hoffman

Aug 1, 2011, 6:01 PM

Post #15 of 24 (4276 views)

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Re: [esperanza] marriage

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See http://www.mexconnect.com/...o-to-marry-in-mexico for complete article of this excerpt:

Each state in Mexico has its own set of laws prescribing the finer points of getting married, but there's a prevailing theme of basic requirements. The Registro Civil, found in every city and burg, serves as the city hall's marriage license bureau, and the bride and groom will need to make their application at the Registro Civil serving the locale where they plan to wed. The requirements described below are the maximum requirements.

At the Registro Civil, the betrothed couple will file an application, present the original and copies of their passports, proof that they're legally in Mexico (the FMT, or tourist card, FM-3, FM-2 or other visa), certified copies of their birth certificates, medical tests results, and two legally qualified witnesses who will be present at the civil ceremony. Photo identification will be required of all the participants.
The requirements don't stop here. First, the certified copies of each birth certificate must bear the apostille of the Secretary of State in which the document was issued. And then it must be translated by an approved translator.
If this marriage is a second trip to the altar for either party, then proof of how the prior marriage terminated is required, which means providing a divorce decree or death certificate, certified, apostilled and translated. Divorced persons cannot marry until a full year has passed since entry of the final decree.

The D.F. is one of the few places in Mexico which allows same gender to marry. As a result, it may require that the applicants prove residency. Parties whose previous marriages have ended by death or divorce must document that. As a result there may be higher hurdle for a gay couple to marry in the D.F. than there is for a straight couple to marry in Guanajuato.

Cristina Potters, you are doing the forum a disservice both as a moderator and as a poster by making sweeping, broad statements like you’ve done in this thread. What may have happened to you in the D.F., marrying a person of the same sex and where either you or your partner have had prior relationships, is NOT the rule in the rest of the country. Gay marriages are the exception – not the rule.

Again, let me reiterate: Any foreigner who is legally in the country, whether under a tourist card, FM-2, FM-3 or who is inmigrado, CAN marry a Mexican citizen after getting permission to do from INM.

This has been verified by a neighbor of mine who happens to be a lawyer.

(This post was edited by Ric Hoffman on Aug 1, 2011, 8:35 PM)

esperanza

Aug 1, 2011, 6:22 PM

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Re: [Ric Hoffman] marriage

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Uh huh.

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mazbook1

Aug 1, 2011, 7:08 PM

Post #17 of 24 (4225 views)

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Re: [Ric Hoffman] marriage

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Ric's post(s) are pretty complete and sound terribly complicated (and they can be). But here are the steps I took when I married a Mexican citizen (this was before I became a dual citizen):

The non-Mexican citizen should always be the one to initiate the process. It saves time and solves problems that might otherwise occur.

1. Go to the registro civil where you are getting married, explain that you are a non-citizen with legal papers to be in México and get THEIR LIST OF REQUIREMENTS.

2. One of those requirements is that you need to have permission from INM, so go to your local Migración office, do what they say to do, pay the fee, and get the permission.

3. After you have (or while you are waiting for if it's going to take more than a day) the permission from INM get all the other paperwork, possible blood tests, possible doctor's letter, etc., etc., together.

4. Return to the registro civil with all the paperwork, choose a date, choose a place (can be done right at the registro civil), pay their fee and wait for the judge to show up on the date and time chosen.

Dead simple, not difficult at all. Depending on the local registro civil and INM, it can either be as complex as was esperanza's experience or as quick and easy as mine. It took me a total of one week to get everything done and the date, place and time set. The juez showed up early along with my 2 witnesses, my bride showed up a few minutes later with her parents as witnesses and in about 30 minutes (and a LOT of signing of papers) we were a happily married couple. The ONLY things my bride had to do beforehand was go to a lab with me for our blood tests and then on to the doctor's office for a letter for each of us saying we were healthy adults. Our registro civil didn't even require that my birth certificate be apostilled.

I'm firmly convinced that having the non-Mexican citizen (me) initiate the process was a vital step in making it so easy.

eyePad

Aug 1, 2011, 7:41 PM

Post #18 of 24 (4213 views)

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Re: [Ric Hoffman] marriage

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Good post, Ric
It has long been my view that the moderators on this forum, also being some of the most active posters, have a conflict of interest.
apáñatelas como puedas

Marlene

Aug 1, 2011, 7:58 PM

Post #19 of 24 (4195 views)

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Re: [mazbook1] marriage

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I can chime in on this subject as well. I married my Mexican while still on a tourist visa. That was not an issue at the time. As far as process, hubby did most of the running around and sorted things out with Immigration and the Judge, and there were no unexpected hurdles. I seem to remember 4 witnesses and a ceremony that lasted forever, but it was all good. I remember the day we received the permission and signed the papers, the Immigration guy seated across the room blurted out "And you can become Mexican in two years!" I remember smiling broadly. No regrets nearly 10 years later.

(This post was edited by Marlene on Aug 1, 2011, 8:05 PM)

Bennie García

Aug 1, 2011, 7:59 PM

Post #20 of 24 (4191 views)

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Re: [eyePad] marriage

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For a couple mods, it is all about them.

richmx2

Aug 1, 2011, 8:26 PM

Post #21 of 24 (4168 views)

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Re: [Ric Hoffman] marriage

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Ric wrote:

The D.F. is one of the few places in Mexico which allows homosexuals to marry. As a result, it may require that the applicants prove residency.

Out-of-district residents pay a higher license fee for marriages in DF ... which has nothing at all to do with the gender or sexual orientation of the persons receiving the license. DF's marriage law simply defines marriage as being between two persons: period.

By the way, while I realize it's something of a losing battle, marriage between two persons of the same gender is same gender marriage, not "homosexual marriage". People marry for all kinds of reasons besides sexual attraction -- companionship, financial security, inheritance, etc. -- and besides being presumptuous, "homosexual marriage" suggests this is some "set aside" for a sexual minority, and not simply a recognition that sexual orientation is irrelevant to a person's basic civil rights.

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esperanza

Aug 1, 2011, 10:17 PM

Post #22 of 24 (4138 views)

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Re: [richmx2] marriage

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The Distrito Federal is the only place in Mexico where same-gender marriages can legally be performed. Coahuila is the only place in Mexico where it's possible to have a civil union (that bill was passed in 2007), but civil union is not the same as marriage. Some of the same benefits accrue to the couple, but not all.

Any legal marriage between heterosexual or homosexual couples can be blessed in Mexico by anyone the couple chooses. The person celebrating the spiritual component of a civil marriage need not be a priest, rabbi, or minister of any faith. The spiritual blessing of a marriage is not legal, however. ONLY civil marriage is legal in Mexico.

Everyone--not just same-gender couples--applying for a marriage license in Mexico City is required to prove residency by presenting a comprobante de domicilio.

The requirements to apply for a marriage license and the costs of a civil ceremony in Mexico City are as follows:

Requisitos para contraer matrimonio:
- Acudir al juzgado del registro civil de su Delegación más cercano, requisitar a máquina la solicitud que proporciona el juzgado.
- Copia certificada del acta de nacimiento de los contrayentes.
- Comprobante de domicilio del Distrito Federal vigente de los contrayentes en original y fotocopia. (Emphasis mine)
- Identificación oficial de los contrayentes en original y copia.
- In addition, if one of the two people planning to be married is a foreigner, that person must apply for permission from INM
- Pago de derechos: Note: the cost depends on where the marriage takes place, at the Registro Civil or at home, and the cost is more if the marriage is to take place outside the judge's jurisdiction
En oficina del Registro Civil: $797.00
A domicilio: $1,575.00
Nota: Solicitar la fecha y hora para el matrimonio, toda la documentación deberá presentarse ocho días antes de la ceremonia.

http://www.mexicocooks.typepad.com

(This post was edited by esperanza on Aug 1, 2011, 10:19 PM)

richmx2

Aug 2, 2011, 12:48 AM

Post #23 of 24 (4125 views)

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Re: [esperanza] marriage

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Aha!. I know where I got the idea that an out-of-district marriage might cost more... I was reading the highlighted part below (from the Federal District's Civil Registry website) probably half asleep, and saw it as referring to where the persons being married lived, rather than the judge's jurisdiction ("circonscripión) -- which I'm assuming (and don't pretend to know) is their own Delegación. I haven't heard of anyone bringing in a Civil Registry judge from another state marriages of persons residing outside the judge's jurisdiction, rather than the judge traveling outside his or her normal jurisdiction (which, unless someone knows of exceptions, I'll take to mean within their own Delegacion... not across state or district lines).

ARTICULO 218.- Por los servicios que preste el Registro Civil fuera de sus oficinas se pagará el derecho de extraordinarios del Registro Civil, conforme a las cuotas que a continuación se establecen:

Por la celebración de matrimonios … $1,688.00

Tarifa 2009.- $1,599.00

III. Por la autorización para que los jueces del Registro Civil celebren matrimonios fuera de la circunscripción territorial que les corresponda, independientemente de la cuota que señala la fracción anterior … $3,477.00

Tarifa 2009.- $3,294.00

... at any rate, I have never seen anything even hinting that one needs to live within the jurisdiction where one gets married. Only that both partners need to show proof of residency (or, for foreigners, proof that they are legally in Mexico).

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Ric Hoffman

Aug 2, 2011, 5:08 AM

Post #24 of 24 (4111 views)

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Re: [dandalton123] marriage

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Poor Dan only asked which way was the easiest to marry his Mexican girlfriend. Now he knows what he needs to marry her brother instead.

See how quickly threads can turn from one meaning to another. Viva Mexico!