Aaron+
Aug 20, 2013, 9:55 AM
Post #14 of 19
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Re: [darrellk] Married to Mexican Citizen-Query re Visa
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There are some potentially helpful steps you and your wife could take even while still in the USA.
Does your wife have currently valid official Mexican ID, such as a Mexican passport or an "IFE" (voter credential) PLUS an original or certified copy of her Mexican birth certificate? If so then you, at in theory, can register the US birth of your Mexican-nationality eligible children (based on their Mother's Mexican birth) at the Registro Civil section of the Consular Section at the Mexican consulate covering the area where you reside in the USA, and receive a Mexican registry of birth abroad. Both parents need to present themselves, or the Mother with a power of attorney from the father, plus their children's US birth certificates and whatever other documentation the consulate would require. That could pre-establish a vincular familiar (family tie) for you via your Mexican dual nationality children. (Do note that dual nationality is recognized in the USA and since about 2003 in Mexico, though there are some confusing language regarding the difference in Mexican law between citizenship and nationality.) Whether helpful or not to whatever type (temporal or permanente) resident visa and then status for you, it is a good idea to do for the kids anyhow.
For returning paisanos/paisanas, Mexican consulates supposedly provide free reorientation information, including how to obtain a CURP and an IFE (see below), the former needed for many administrative purposes and the later the internal voter credential used as a proof of identity in Mexico. (Even foreigners are supposed to get a CURP, population registry credential, but one comes with your residence visa.)
If she lacks a current Mexican passport, she should check with a Mexican consulate on how to obtain one. Presumably she would need an original or certified copy of her Mexican birth certificate. (There are many Mexicans whose births were never registered, and thus lack a birth certificate. There is a procedure for close family members to apply for delayed bc from the applicable civil registry office. Hopefully, you wife is not in such a situation.)
If you wife lacks any current Mexican official ID, she should register for a voter credencial as soon as possible upon arrival where you will be living -- presumably but not necessarily where she has family or good friends. She can pre-apply for an appointment for an IFE via the Internet, at
https://app-inter.ife.org.mx/...nitCapturaCitas.siac which, at least based on my wife's experience here in Mérida, could leapfrog a 2 or 3 week wait for an appointment. Rather than registering as living in the USA, I would advise using a local (to the IFE module) address where you could obtain an electric or water bill receipt (as from a family member, bill name obviously would be their's or their landlord's). Your wife would have to appear in person at the relevant IFE module in Mexico for her appointment.
Yucalandia noted that your US marriage is not recognized for various legal purposes in Mexico. Chalk that up to Mexican law. While you could go through the process of legalizing your US marriage in Mexico, a process so complicated that Yucalandia and wife finally just got married (again), this time in Mexico -- a process not free from its own complications. Meanwhile, my wife and my application for legalization of our US marriage under the supposedly less complicated new oral procedures technically available since late 2012 in Yucatán, supposedly has been sitting somewhere in the office of the judge for oral family law issues here since late June, with no indication of when we will be called before a judge for the hearing. The procedures involved are outside of the current topic.
From now on, if not already, whenever your wife enters Mexico she should present her Mexican passport to Mexican immigration, and her US passport to US immigration on entries and departures. That is perfectly legal. It is important that she does so.
We usually ticket my wife using her name on her US passport for air travel regardless of the country from which we are departing.
We hope your plans run as smoothly as possible given all the hiccups along the way.
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