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lancetailor

Jul 28, 2013, 5:35 PM

Post #1 of 5 (4777 views)

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Expired FM3 re-entry

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Looking for some expert advice on our return to Mexico. I have an expired FM3 (expired March 2013) and my wife's FM3 expires October 15, 2013. We are now in the States but are planning on returning to Mexico this fall. I am planning on visiting a Mexican consulate next month to begin the process of obtaining another temporary residency visa. However, my question is more for my wife. I have read online that if her FM3 expires while she is out of Mexico, that she has 60 days from the expiration to re-enter Mexico and then 30 days to renew once she has entered. Can anyone verify this? She is nervous about it and wants to leave the States early before her visa expires so that there are no trouble with renewing. Any experience with a situation like this? Thanks!



YucaLandia


Jul 28, 2013, 7:57 PM

Post #2 of 5 (4738 views)

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Re: [lancetailor] Expired FM3 re-entry

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Other posters in your wife's situation have written in to say that they were given a 55 day grace period... yep, that is a weird number, but it is what they were told by INM and SRE.

Your plan seems good, unless you already have a Temporary Import Permit (TIP) car - registered in your name - currently left in Mexico. Some Consulates check the Aduana records, and temporarily deny applicants Resident visas until the applicant take the TIP car out of Mexico
steve
-
Read-on MacDuff
E-visit at http://yucalandia.com


at7mbe


Jul 28, 2013, 9:17 PM

Post #3 of 5 (4721 views)

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Re: [lancetailor] Expired FM3 re-entry

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Re: 55 days. Since I sent a long description of this privately to a friend about a month ago, I might as well copy and paste it here, since it has the citations. Short version -- You have up to 55 days after the expiration date to re-enter the country, and up to 60 days from the expiration date to get to INM. If you come in on the 55th day, you have 5 days to get to INM. If you come in on the 45th day, you have 15 days, etc. Here's the long version I sent previously, edited to remove personal info:

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You can print out and cite the regulation that allows entry up to 55 days after expiration, provided you have travel documents, boarding passes and/or passport stamps showing that you were indeed out of Mexico when your residency cards expired. Nada mas. Go to this web page and read and print out Article 24:

http://www.dof.gob.mx/...amp;fecha=08/11/2012

Very important! When you come in, do not let them mark Visitante on your FMM card. If they do that, it will screw up and jeopardize your visa status. They must mark CANJE (exchange) to say that this FMM document will be EXCHANGED for your regular residency card.


So now youíre in the country under the 55 day expiration wire. You have to get to INM within 60 days of expiration to do your renewal. Thatís covered in Article 34, resolution criteria II, second paragraph.


If you came in at exactly 55 days, you would have 5 days to get to INM to stay under the 60 day renewal window. At that point, your renewal is just like any other Ė letter in Spanish saying your financial conditions havenít changed, an application filled out online, the formato basico, six months of bank statements, etc.


Hope this clarifies it for you. For your convenience, I have posted Word documents of Articles 24 and 34 in Spanish and Google English at these links:
Article 24
Article 34

Mark E.



at7mbe


Jul 31, 2013, 10:52 PM

Post #4 of 5 (4601 views)

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Re: [at7mbe] Expired FM3 re-entry

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----> CORRECTION TO PREVIOUS POST <----

In my previous post I stated:

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You have up to 55 days after the expiration date to re-enter the country, and up to 60 days from the expiration date to get to INM. If you come in on the 55th day, you have 5 days to get to INM. If you come in on the 45th day, you have 15 days, etc.

That comes from the Lineamientos of 8-Nov-2012. However, the very last sentence about having 15 days was a bad inference on my part, based just on the language in Articles 24 and 34. Ric Hoffman rightly pointed out to me that Article 160 of the Reglamento of 28-Sep-2012 says you must report to immigration within five business days of entering the country. Apparently that didn't get carried into the Lineamientos, but it's still the law.

Here's a rough translation of the first paragraph of Article 160:


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Article 160. A foreigner who is outside the national territory at the expiration of the document certifying his condition of stay may enter the national territory with it, as long as it is not more than fifty-five calendar days from its expiration; in these cases, no penalty will be applied and the application for renewal must be brought within five business days after entry. Foreigners holding a document that is more than fifty-five calendar days after expiration will not be allowed entry into the country.


And here's a link to a Word document with Article 160:
Article 160

The full Reglamento can be found HERE.

Sorry for any confusion, and a tip of the hat to Ric H. for catching it.
Mark E.



chafid

Sep 3, 2016, 12:25 AM

Post #5 of 5 (3267 views)

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Re: [lancetailor] Expired FM3 re-entry

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Hi sorry to bring up an old thread.

Me and my wife was in the same situation. My expiry date was earlier so I can renew when in Mexico, but my wife expiry date was when we were back in our home country. Infuriatingly, my lawyer didn't inform me about the 5 days rule after arriving in Mexico. I just found out about it on the 6th day arriving in Mexico :(. We also got sick when we first arrived, so we can't go to the INM immediately.

Are they still gonna fine me for this if I plead my case and submit the documents on the 7th day (which would be next Monday)
 
 
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