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Sep 5, 2015, 10:51 AM

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Question re TR visa

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Is a gay common-law relationship acceptable when applying for a Temporary Resident Visa? From what I am reading on the Mex Govt website, only married partners may apply.


Sep 5, 2015, 12:17 PM

Post #2 of 3 (5991 views)


Re: [david3528] Question re TR visa

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Yes, and no. Same sex relationships have the same legal standing as the other kind, but whether a foreign "common law" relationship (without any document of the relationship) would be recognized for things like probate or visitation rights is dicey. I'm not sure if temporary residents can register a union libre (about the same thing, but documented in the civil registrar's office) or not. In theory, yes... but we still have some places (notoriously Baja California and Guanajuato) where couples have needed to get a federal injunction (amparo) to force registrars to do their job.

(This post was edited by richmx2 on Sep 5, 2015, 3:21 PM)


Sep 7, 2015, 11:32 AM

Post #3 of 3 (5861 views)


Re: [richmx2] Question re TR visa

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Common law is not a term found in Mexico. Even in the USA, not all state recognize common law relationships as marriages, including my home state of Pennsylvania. On the other hand, with the U.S. Supreme Court's recent ruling, single sex pairs are granted the right to marriage, so why go "common law"?

So what relevant relationships other than marriage are recognized here? Here is what I glean.

A relation of "concubinato" (concubinage) is recognized legally in Mexico when two persons (laws read of different sex, but recent court decisions may have broadened the laws) live for two or three years, have children (or, depending on the state, live together for at least 5 years if no children), and have appeared before a civil registry to declare their status. If the relationship dissolves, and one of the parties lacks a means of support, the former partner has to provide support for the other and for any children.

"Union libre" refers to a situation in which one or more of the partners has a bond, such as marriage, with a partner outside the union libre. As in a concubinato, any children resulting from such a relationship have rights to support, even if the relationship terminantes, however, neither partner has any such rights after termination.

If a foreign, unmarried couple has some official document recognizing their relationship, seems a fair guess that they could apply for a TR at a Mexican consulate. Lacking such an official document, and governments love official documents, it would seem to be a tough climb to achieve such Mexican regognition.

For some, there are two types of "union libre" both the concubinage and the adulterous. I do not see that the second type has an civil registry recognition, so my take is that "union libre" does not properly apply to both types. But I am not a Mexican lawyer, let alone of family law.

In Mexico City only, there is a "Sociedad de convivencia" between monogamous mates, which, unless I misread, expires after one year together, unless renewed.
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