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clariboe

Jan 19, 2011, 7:29 AM

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married a Mexican National

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My daughter married a Mexican citizen a few years ago here in the states. They are planning to move back to Mexico in a couple years. She and the kids may go a little before he does. Does anyone know how her marrying a citizen effects her ability to work in Mexico?

Maesonna

Jan 19, 2011, 8:50 AM

Post #2 of 21 (6679 views)

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Re: [clariboe] married a Mexican National

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It doesn’t affect her ability to work. If she wants to get permission to work, it will be on her own merits; being married to a Mexican national won’t automatically give her authorization to work.

However it will help her it several other ways: (1) If he has an income in Mexico, she can start by getting a family dependent visa. She will qualify for this because of being supported by a spouse. Then she can look around for a job. (2) Networking, and “who you know” is the best way to find jobs, so she will have the support of all her in-laws to help her find something. (3) Once she has a job offer, she can apply for permission to work (this means changing the category of the visa from family dependent to permission to work), sponsored by the employer.

Been there, done that.

If they are planning to stay long-term in Mexico, she can apply for a FM2 visa from the start, and then she can apply for Mexican nationality after just two years.

Casa

Jan 19, 2011, 9:02 AM

Post #3 of 21 (6665 views)

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Re: [clariboe] married a Mexican National

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The short answer is your daughter will be able to LEGALLY work in Mexico.

There will be some paperwork (refered to in Mexico as Trámites) that needs to be done before she moves and starts working.

The first thing she will need to do is to have the Marriage license from the US apostled and translated into Spanish by a certified translator. (Do the translation in mexico it will be less expensive, just look for a Perito Traductor Certificado por el Estado)

She should also do this for her children’s birth certificates as by law, if their father is Mexican the children are also Mexican.

These documents (translated and apostle marriage certificate and birth certificates) will then need to be submitted to the local registro civil (civil registrar’s office) where Mexican equivalents will be issued once they are recorded.

With the children’s new Mexican birth certificates they can apply for other official Mexican documents like a passport. This will make life in Mexico much easier for them and there will be no need to process immigration documents and visas for them as they are Mexican nationals. (Do not worry they will not lose their US citizenship or passports, they will be dual nationals)

You daughter can then apply for an inmigrante visa FM2 Familiares

With the Familiares visa the spouse is DEPENDENT on the Mexican national for economic support and “sponsorship” and is allowed to work.

After marrying a Mexican citizen and living in Mexico for 2 years with an FM2 immigrant visa the spouse is eligible to apply for Mexican citizenship. (There are other requirements as well like a Spanish test, history test etc)

You can get additional information concerning immigration at www.inm.gob.mx and additional information about citizenship at www.sre.gob.mx

I hope this helps answer your question.

(This post was edited by Casa on Jan 19, 2011, 9:10 AM)

Maesonna

Jan 19, 2011, 9:40 AM

Post #4 of 21 (6647 views)

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Re: [Casa] married a Mexican National

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In Reply To

With the Familiares visa the spouse is DEPENDENT on the Mexican national for economic support and “sponsorship” and is allowed to work.

Just one note of disagreement to your informative post: this was not my experience. With an FM2 familiares visa dependent on my Mexican husband, I was not allowed to work.

I applied for permission to work when I got a job offer. When my application was granted, it changed the conditions of my visa from ”dependent on spouse” to ”authorized to work.”

clariboe

Jan 19, 2011, 9:47 AM

Post #5 of 21 (6643 views)

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Re: [Maesonna] married a Mexican National

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Thank you for the info. You have been very helpful.

Casa

Jan 19, 2011, 10:56 AM

Post #6 of 21 (6613 views)

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Re: [Maesonna] married a Mexican National

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Thanks for sharing your personal experience.

Yes you are correct and I should have been more clear. Atricle 186 section V of The Reglamento de la Ley de la Población say that foreigners under the Familiares section of immigration code can be allowed to work (as opposed to other sections of immigration code where the permission to work is much more restricted). That is what I meant to say thank you for correcting me and clearing it up for the OP.

In your case I believe you were still classified under Familiares and allowed to work.

Another thing that the OP will want to be aware of is that not all immigration offices handle everything exactly the same way.

My personal experience is that I am married to a Mexican citizen and wanted to work. At the time I had a FM2 Rentista visa and therefore was not dependent on my spouse. I was told by my immigration office that the ONLY way I would be able to work would be to apply for a Familiares FM2 as a dependant and then get a work permit like you did. This was a problem for us as my spouse was not working at the time and therefore could not meet the financial requirements to sponsor me. I explained this to INM and they said I would have to wait until my spouse got a job and was able to meet the financial requirements before I could apply. I did my research on the law (Ley de la Población and Regalmento de la Ley de la Población) and printed out the section applicable for Asimilado and went back to INM and showed them the law applicable to my case and they said “oh, yeah I guess you could do it that way”…. and keep the FM2 Status, and work and not be dependent on your spouse for application.

Rolly

Jan 19, 2011, 11:44 AM

Post #7 of 21 (6596 views)

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Re: [clariboe] married a Mexican National

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Before she and the children move to México, her husband should begin the process of registering the children as Mexican citizens at the nearest Mexican consulate. Begin by going to the consulate to get the detailed instructions.
Phone calls and letters almost never get answered, so she or her husband needs to go in person.

Rolly Pirate

E-visit me http://Rollybrook.com
On Facebook as Rolly Brook

Maesonna

Jan 19, 2011, 11:47 AM

Post #8 of 21 (6593 views)

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Re: [Casa] married a Mexican National

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Ok, thanks for the further explanation: now we're on the same page. Putting together my experience and what you were told, a dependent spouse isn't automatically allowed to work, but they are entitled to apply for authorization to work. To get such authorization, the requirements are the same as for a person without a Mexican spouse; i.e. educational qualifications, a job offer and an employer willing to sponsor.

A couple years later, when my job disappeared, I applied for independent permission to work, and received it, and from then on, I was authorized to work independently (i.e. my authorization to work is no longer tied to any particular employer).

robt65

Jan 19, 2011, 7:35 PM

Post #9 of 21 (6529 views)

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Re: [Maesonna] married a Mexican National

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On The Contrary Maesonna,

You said . . . . . . "Just one note of disagreement to your informative post: this was not my experience. With an FM2 familiares visa dependent on my Mexican husband, I was not allowed to work."

I married a Mexican National, This not only gave me the right to work in Mexico but also an FM2. I did however at the time of getting my FM2, have to tell immigration that I wished for the FM2 classification that allowed me to work, if I chose to do so, since I am self employed and the sole financial contributor, to my family. My consulting business is in the USA, however I am doing that work, when I choose, from Mexico, and that required me to have a working FM2. With my FM2 I was allowed to do so immediately, without any job offer. I may stand corrected but, it is my understanding, there are a few or maybe several different classifications of FM2. I still have to renew mine every year for two years, but other than that I am free to work in Mexico, according to immigration.

I think, especially in Mexico, there are is always only one answer to a question. I think it is wise to make sure that people realize that our answers should be . . . . . . . . from our personal experiences and not a factual answer of "only one answer fits all" families. I think we (all of us) should refrain from telling people what to do and instead present a multitude of answers from personal experiences that can then assist the person (op) in, if not choosing an appropriate answer for their own personal situation from those provided, would at least understand there are probably several different options depending upon that persons (the OP's) family situation. For all any of us knows, as it was not explained in the primary posting, this woman may well be the primary bread winner of her family, even in Mexico. Even if she is not in the beginning the primary breadwinner for her family, if he looses his work for some reason she well may have the possibility of becoming the sole breadwinner of her new family. There are so many variables for this question, I believe we are, without intention, giving advice that well may be impairing ones decision, thinking there are not alternatives. I have found Mexican Immigration to be exceptionally flexible in their laws (for the most part), for different circumstances, when approached correctly.

I was also surprised that I was not fined heavily for letting my FM2 expire before renewing it on time. After reading a number of horror stories from contributors of related posts, I was prepared to feel the wrath of God and possibly lose my entire Mexican bank account, as well as standing the very real possibility of being thrown out of the country. (tongue in cheek)

I was supposed to renew it in November. In September, my home in Kentucky was totally destroyed by fire. I had to immediately return to the USA for that as well as some medical attention on an urgent basis. While I was away my FM2 was going to expire (and it did) I did not return to the Immigration office until after they reopened after the Christmas Holidays. I had my wife, Jimena call them and let them know the circumstances that I would not be able to renew at the required time and they simply told my wife to come into the office at the time of my return. My whole fine and penalty was simply the cost of the normal yearly fee plus a small cost because of an address change from Tamaulipas to Queretaro.

I must say the immigration office in Queretaro is great. Sure there is a waiting line and it may take a few hours or simply minutes. They are polite and helpful. for persons with disabilities there is one window where you will be served next no matter how many (without disabilities) are waiting.

Heck, USA Immigration offices could take many lessons from this Mexican immigration office.

robt65

(This post was edited by robt65 on Jan 19, 2011, 8:17 PM)

Maesonna

Jan 20, 2011, 10:04 AM

Post #10 of 21 (6481 views)

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Re: [robt65] married a Mexican National

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Robt65, you're not the only man that I know of married to a Mexican woman that automatically received authorization to work with his spousal FM2. On the other hand, until I applied for authorization, mine clearly stated that I couldn't engage in "lucrative activity." I'm starting to form a theory that the man of the house is assumed to be the natural breadwinner, so he's given permission to work right off the bat.

robt65

Jan 20, 2011, 7:27 PM

Post #11 of 21 (6419 views)

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Re: [Maesonna] married a Mexican National

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Maesonna,

I hate to blow a hole in your theory, but in my personal case anyway, I had to request the permission, until I did it was going to be another form of an FM2 ; which at the moment escapes me as to what in particular it was titled.

Robt65

Maesonna

Jan 21, 2011, 11:16 AM

Post #12 of 21 (6354 views)

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Re: [robt65] married a Mexican National

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No, it's all good. I'm not disappointed to have my theory disproved. Rather, the more information we have from different cases, the better a picture we get of the different options and possibilities.

surebought

Jan 21, 2011, 2:30 PM

Post #13 of 21 (6321 views)

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Re: [Maesonna] married a Mexican National

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I have been through this as I have always worked in Mexico and I am married to a Mexican National. I was born in San Diego. I had to work as a dry back for the first four years because they just were not giving any immigration documents when I started. They just let me slide. Then I got the word that a few forms had come in and if I applied I would probably issued an FM-3. They gave documents to work to about 5 or 6 people but it didn't matter if they had Mexican wives or not. I got the word that it would be better if I didn't bring my Mexican wife to the immigration office when I did my renewals. After finally finishing with the process, I think you are worried about absolutely nothing. They really don't care, unless there has been an official complaint, who does what in Mexico. And an FM-3 is work to them. It is a lot of paperwork. They must have a file on me as thick as a Telephone book. And the only time anyone ever asked to see my documents is at the airport. These guys would rather just stand around and look tough in the immigration office, than sit down at a typewriter and fill out a bunch of complicated forms.

sioux4noff

Jan 21, 2011, 5:46 PM

Post #14 of 21 (6297 views)

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Re: [surebought] married a Mexican National

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Surebought, that may be your experience and opinion, but not necessarily good advice to someone coming to Mexico.
Our local immigration office doesn't seem to mind doing their actual work of issuing immigration documents.
The forms are not particularly complicated and at least at our office, are processed fairly quickly.

sioux4noff

Jan 21, 2011, 5:49 PM

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Re: [robt65] married a Mexican National

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Robt65, did you really mean to say "I think, especially in Mexico, there (are) is always only one answer to a question."?

My experience has been exactly the opposite - in Mexico, there is NEVER only one answer to a question.

robt65

Jan 21, 2011, 7:47 PM

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Re: [sioux4noff] married a Mexican National

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Hi sioux4noff,

You are exactly right. I stand corrected, Thank You for that. The past couple of days have been long at Immigration as well as at Aduana for purchasing the house. Plus we are also having all the papers ready for Monday’s final purchase and notario. I have never done so much to prepare to buy a property in all my life! A lot of it really makes sense though when you think about what the possibilities could be if one didn't have all the ducks lined up in a row, correctly. I remember buying a home one time in the USA and had a terrible time getting the electric turned on as the owners before were out of there with a six month electric bill owing to the electric company. Sure would not want any such horror stories like that here.

Well I am beat again tonight and I am off early in the morning to visit Morelia and meet some friends for lunch at Trico's on the Historic Plaza, with the family. Only for a day so it will be a long one also.

Have a good night, and thanks again for the correction.

robt65

La Guedita

Jan 28, 2011, 11:13 AM

Post #17 of 21 (5956 views)

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Re: [clariboe] married a Mexican National

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It would be best if the husband went first to Mexico. It will be easier for him to get a job, find a place to live, have the utilities hooked up, get a vehicle, etc. Then he needs to go to the local Mexican immigration office and get the application for a dependent visa and the list of documents needed to file the application. But the first thing is for him to get a job and the wife will need her Mexican Tourista visa. Otherwise, they wont even consider the application.

And as for the children, which no one seems to have addressed yet; the mother AND/OR father can go to the Mexican Consulate in the state that they are living in in the US and apply for their registration. I can't remember how much it was exactly, I think it was like $30 each. I needed their US birth certificates and two witnesses that could testify they knew the children and they were in fact the product of at least one Mexican parent. Also I needed both mine and the father's birth certificates. The kids needed to be present because they needed their fingerprints. It took about 2 weeks and they were issued an Acta de Nacimiento by the Servico Exterior Mexicano. Which is basically a "modified" birth certificate saying that yes, they are Mexican, but they were born outside of the country. As far as I understood, it gives them all the same rights as a Mexican Citizen, except they can't vote or serve in the Armed Forces. If they want FULL rights, they can apply for them when they are 18.

rayitodeluna

Feb 10, 2011, 6:19 PM

Post #18 of 21 (5604 views)

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Re: [La Guedita] married a Mexican National

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In Reply To

And as for the children, which no one seems to have addressed yet; the mother AND/OR father can go to the Mexican Consulate in the state that they are living in in the US and apply for their registration. I can't remember how much it was exactly, I think it was like $30 each. I needed their US birth certificates and two witnesses that could testify they knew the children and they were in fact the product of at least one Mexican parent. Also I needed both mine and the father's birth certificates. The kids needed to be present because they needed their fingerprints. It took about 2 weeks and they were issued an Acta de Nacimiento by the Servico Exterior Mexicano. Which is basically a "modified" birth certificate saying that yes, they are Mexican, but they were born outside of the country. As far as I understood, it gives them all the same rights as a Mexican Citizen, except they can't vote or serve in the Armed Forces. If they want FULL rights, they can apply for them when they are 18.

Thank you so much for posting this! I had NO idea that our children born here in the States had the right to Mexican citizenship (even if it is limited). I have a question, that I can direct to the Mexican consulate here in our city when we go, but I thought I could ask here first. I'm an American citizen, my fiance is a Mexican citizen (but we are not yet married). Do the same rules apply? His full name and DOB is on their birth certificate. Also, does his legal status here in the States matter? That is one of the main reasons we are moving to Mexico in the first place. We plan on being there 5+ years, but will eventually plan to live in the US when thekids are a little older. It would still make sense to apply for their Mexican citizenships, right? Otherwise I would have to renew the visa I will be getting yearly I believe.

Thanks so much for any helpful answers.

~~~~~~ Enjoying the big city life in D.F. with our family of Americans and chilangos.
Family and expat blog here : http://threecurlygirlys.blogspot.mx/ ~~~~~~

Reefhound

Feb 11, 2011, 9:52 AM

Post #19 of 21 (5536 views)

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Re: [rallitodeluna] married a Mexican National

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I don't think your marital status or his U.S. status matters. The kids qualify as long as one of the parents is Mexican. The form that we used (things may change) did not ask for our marital staus, only name/nationality of father and mother. They also want grandparents name/address on both sides so get that info together.

rayitodeluna

Feb 11, 2011, 12:18 PM

Post #20 of 21 (5511 views)

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Re: [Reefhound] married a Mexican National

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Thank you so much! I have the grandparents info (although both of mine are sadly deceased), do you think I need anything more than the names/addresses? Such a the Mexican equivalent to a social security number? Because for that we would obviously need to call his parents to find that out, I don't think he knows that off the top of his head.

~~~~~~ Enjoying the big city life in D.F. with our family of Americans and chilangos.
Family and expat blog here : http://threecurlygirlys.blogspot.mx/ ~~~~~~

Reefhound

Feb 11, 2011, 6:34 PM

Post #21 of 21 (5479 views)

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Re: [rallitodeluna] married a Mexican National

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It's been a few years, I don't recall precisely what the application asked for, and I didn't make a copy of it. All I can say is that the Mexican birth certificates only state the grandparents names, postal addresses, and nationalities. No phone numbers, birth dates, ages, or id numbers.

I doubt they verify any of that. We certainly didn't bring photocopies of their personal documents proving any of it.

(This post was edited by Reefhound on Feb 11, 2011, 6:36 PM)