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mayamex15

Aug 4, 2015, 11:04 PM

Post #1 of 13 (7933 views)

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Divorce with a mexican citizen while on residents temporal

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Hi, I would like to ask a question. I have been married a little more than a year to a mexican citizen. I have held residente temporal status for about 6 months. I was granted this for two years under the vinculo familiar (family plan). We have no children. My father is a residente permanente but I am almost 30 so not sure I qualify under him?

Unfortunately things have not gone all that great for us. We are having some problems and are talking about separation/divorce.

I would like to know how would my residency status would be affected should we get divorced. I know I have 90 days to report my change in status to INM. Will I lose my residency outright? Will I keep it until the expiration date then have to qualify financially?

I would assume I won't be able to become a citizen after 2 years if I am not married still, and probably not be able to switch over to permanent?

Does anyone have any experience with this or heard about this?

I love living in mexico and have spent a lot of time, effort, and money on this card so I would hate to lose it(and my spouse).

Thank you.



Lilmsmaggie


Aug 5, 2015, 1:54 AM

Post #2 of 13 (7925 views)

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Re: [mayamex15] Divorce with a mexican citizen while on residents temporal

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Firstly, my condolences to both of you.

Maybe this might be helpful:

http://www.mexconnect.com/...nd-divorce-in-mexico

As in the United States, each state in Mexico determines its marriage and divorce procedures.

My suggestion would be to seek legal advice.
Dwain (aka Lilmsmaggie)

(This post was edited by Lilmsmaggie on Aug 5, 2015, 2:37 AM)


mayamex15

Aug 5, 2015, 7:21 AM

Post #3 of 13 (7881 views)

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Re: [Lilmsmaggie] Divorce with a mexican citizen while on residents temporal

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Thank you for your reply. Hopefully everything will turn out ok, however this is something in the back of my mind.

The link you provided, however, is 12 years old and outdated.

I was wondering about the most recent laws.

I will try and get in touch thanks


YucaLandia


Aug 5, 2015, 7:34 AM

Post #4 of 13 (7877 views)

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Re: [mayamex15] Divorce with a mexican citizen while on residents temporal

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As the son of a Residente Permanente, you automatically qualify for a residency visa.

You are required by law to report any change in marital status (or employment, change of address etc) within 90 days of the change.

Sorry to hear that it is not working out,
steve
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Read-on MacDuff
E-visit at http://yucalandia.com


mayamex15

Aug 5, 2015, 9:00 AM

Post #5 of 13 (7860 views)

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Re: [YucaLandia] Divorce with a mexican citizen while on residents temporal

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In Reply To
As the son of a Residente Permanente, you automatically qualify for a residency visa.

You are required by law to report any change in marital status (or employment, change of address etc) within 90 days of the change.

Sorry to hear that it is not working out,
steve


Thank you Steve. Is this true even if I am not dependent on my parents income? Is it possible INM would let me keep my status and then when that runs out apply for permanent resident under my father?


YucaLandia


Aug 5, 2015, 10:23 AM

Post #6 of 13 (7848 views)

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Re: [mayamex15] Divorce with a mexican citizen while on residents temporal

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The same Vinculo Familiar principles work for spouses and immediate family members, except that family members have even lower requirements (fewer restrictions) than spouses.

Check with your local INM office about what documentation they want, but you qualify under the conditions you described above.

Details at:
http://www.inm.gob.mx/..._unidad_familiar.pdf
and
http://embamex.sre.gob.mx/espana/index.php?option=com_content&view=article&id=407

-
Read-on MacDuff
E-visit at http://yucalandia.com


mayamex15

Aug 5, 2015, 11:57 AM

Post #7 of 13 (7825 views)

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Re: [YucaLandia] Divorce with a mexican citizen while on residents temporal

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This is what my lawyer originally said, that I qualify through my parents as well.

When i read http://www.inm.gob.mx/static/Tramites_LM/Estancia_LM/Cambio_de_Condicion_de_Estancia/Cambio_de_condicion_de_residente_permanente_por_unidad_familiar.pdf

the part that gets me caught up is this phrase in PART 4, letter B "Lo anterior siempre y cuando sea menor de edad y no haya contraído matrimonio, o bien, se encuentre bajo su tutela o custodia"

Maybe my spanish is a little rusty but doesn't this translate to "This provided that it is a minor and has not married , or are under their guardianship or custody"????


YucaLandia


Aug 6, 2015, 2:12 AM

Post #8 of 13 (7771 views)

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Re: [mayamex15] Divorce with a mexican citizen while on residents temporal

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Trust your lawyer on this one.

My reading of the SRE website describes your situation for using Vinculo Familiar better:

" El promovente debe acreditar vínculo familiar con la persona extranjera para el que solicita la visa, de acuerdo con lo siguiente:
a. Si se trata del padre o madre del promovente, se debe presentar acta de nacimiento del promovente, en original y copia; o
b. Si se trata de un hijo del promovente, se debe presentar acta de nacimiento de la persona extranjera para el que se solicita visa en original y copia. Lo anterior siempre y cuando la persona extranjera para el que se solicita la visa sea niña, niño o adolescente que no haya contraído matrimonio o que esté bajo su representación legal o sea mayor de edad que se encuentre en estado de interdicción y esté bajo su representación legal; ...


So this section does not restrict your qualifying for applying for residency as the child of an RP, as I believe that it only describes the documentation needed for your situation. ... but I am no legal professional, and rely on the positive experiences and advice of others who've been through the Vinculo Familiar process.

Again, talk with either your lawyer (or your INM office) about your INM offices specific requirements.

Happy Trails,
steve
-
Read-on MacDuff
E-visit at http://yucalandia.com


Lilmsmaggie


Aug 6, 2015, 7:31 AM

Post #9 of 13 (7728 views)

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Re: [mayamex15] Divorce with a mexican citizen while on residents temporal

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In Reply To
Thank you for your reply. Hopefully everything will turn out ok, however this is something in the back of my mind.

The link you provided, however, is 12 years old and outdated.

I was wondering about the most recent laws.

I will try and get in touch thanks



Yes, sorry it is a bit dated but I believe the jist of the article probably still applies. The author (Adriana Perez Flores) who is/was an immigration lawyer in Ajiic, has apparently decided in 2013 to stop practicing law.
Dwain (aka Lilmsmaggie)


AlanMexicali


Aug 8, 2015, 6:59 AM

Post #10 of 13 (7604 views)

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Re: [mayamex15] Divorce with a mexican citizen while on residents temporal

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In Reply To
Hi, I would like to ask a question. I have been married a little more than a year to a mexican citizen. I have held residente temporal status for about 6 months. I was granted this for two years under the vinculo familiar (family plan). We have no children. My father is a residente permanente but I am almost 30 so not sure I qualify under him?

Unfortunately things have not gone all that great for us. We are having some problems and are talking about separation/divorce.

I would like to know how would my residency status would be affected should we get divorced. I know I have 90 days to report my change in status to INM. Will I lose my residency outright? Will I keep it until the expiration date then have to qualify financially?

I would assume I won't be able to become a citizen after 2 years if I am not married still, and probably not be able to switch over to permanent?

Does anyone have any experience with this or heard about this?

I love living in mexico and have spent a lot of time, effort, and money on this card so I would hate to lose it(and my spouse).

Thank you.



In my opinión your situation will be that you will loose any temporary resident status after you report your divorce within the 90 days of your change in status.

The "Vinculo Familiar" law as I understand it with your father is a minor child dependant or a child attending school dependant with proof until the age of 26 is OK with INM. Other than that you would be out of luck. You being a divorced older child would not qualify unless you are disabled and dependant.


(This post was edited by AlanMexicali on Aug 8, 2015, 7:00 AM)


mayamex15

Aug 8, 2015, 8:57 AM

Post #11 of 13 (7581 views)

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Re: [AlanMexicali] Divorce with a mexican citizen while on residents temporal

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That's how I read it and understand it also...now, if I managed to make it the two years and then held permanent status, would I still lose it?


No checa andar de tacuche

Aug 8, 2015, 11:57 AM

Post #12 of 13 (7563 views)

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Re: [mayamex15] Divorce with a mexican citizen while on residents temporal

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If you're referring to Yucalandia's snippet which does seem relevant, in order to say for sure I think you have to see the whole law (or consult someone who understands the whole law). Unless you trust internet forum advice.

Anyway, in the internet posting of a copy and paste from the SRE website it does appear (b) applies which means you would have to be a legal ward of your parent to qualify.


YucaLandia


Aug 8, 2015, 2:08 PM

Post #13 of 13 (7542 views)

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Re: [mayamex15] Divorce with a mexican citizen while on residents temporal

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Since your local INM office is the one that authorizes the RT, and your immigration attorney knows your local office, it still seems best to follow the earlier recommendation to follow the advice of your local INM office and atty.
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Read-on MacDuff
E-visit at http://yucalandia.com
 
 
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