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FM3 & Stepchild


JenM

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Hi all,

Hopefully someone has first hand experience or can point me in the right direction.

My husband and I are moving our family to Ajijic this summer/early fall. We plan on coming

in on tourist visas, then getting our FM3s upon arrival.

My oldest son has a different dad; will this be an issue when we apply for his FM3? His

dad supports our move and will do whatever he needs to do to give me permission for the

move. I just don't know what permission I need to have ready to go.

Anyone know?

Thanks :)

Jen

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I have a notarized permission letter from his father to bring him to Mexico for a visit. We were just

in Ajijic in April and were never asked to show it, but I've got it.

What I'm hoping to find out is if I just need something similar to apply for the FM3 on my son's behalf.

Or is there something more that I need to do?

Thanks,

Jen

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I suspect that a notarized and translated letter from the father, authorizing the issuance of a Mexican visa for the boy as your dependent (dependente economico) might do the trick. It should also state that the child may remain in Mexico with you for an indefinite period, or until adulthood. Sometimes they want specific dates.

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I suspect that a notarized and translated letter from the father, authorizing the issuance of a Mexican visa for the boy as your dependent (dependente economico) might do the trick. It should also state that the child may remain in Mexico with you for an indefinite period, or until adulthood. Sometimes they want specific dates.

RV, thank you. Those are good things to make sure are covered in the letter.

I received some advice from another Mom in a similar situation (only in reverse!).

She felt that because I have sole physical custody, having my divorce decree apostilled and

translated, in addition to a letter from my ex, should be sufficient.

I'm just laying this out in case anyone else has the same question in the future. Certainly,

if I find out differently, I'll update!

Best,

Jen

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President Calderon signed a new immigration law last night, changing the terminology and types of visas. Here's the link, but there is no translation:

http://dof.gob.mx/nota_detalle.php?codigo=5190774&fecha=25/05/2011

At this point, I doubt that INM will have had a chance to study the new details and they may not be ready to answer questions yet. We're eligible to renew today, but will wait a while.

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President Calderon signed a new immigration law last night, changing the terminology and types of visas. Here's the link, but there is no translation:

http://dof.gob.mx/nota_detalle.php?codigo=5190774&fecha=25/05/2011

At this point, I doubt that INM will have had a chance to study the new details and they may not be ready to answer questions yet. We're eligible to renew today, but will wait a while.

RV good work. That was fast. The document is lengthy but here is a translation of a small part. Maybe you want to start a new thread on this subject. I have no idea yet what it all means. :-)

II. Visitor visa with permission to engage in gainful activity, which authorizes the alien to occur at any place intended for international movement of people and ask for entry to the territory national, in order to stay for a continuous period not exceeding one hundred eighty days, from the date of entry and engage in gainful activity.

III. Visitor visa for adoption proceedings, which authorizes the alien connected to a process adoption in the United Mexican States, to stand anywhere for transit in persons and ask for entry to national territory, in order to remain in the country pending a final decision, rendered and, where appropriate, enroll in the new Civil Registration Act child, adopted child or adolescent and the passport is issued and with all paperwork necessary to guarantee the departure of the child or adolescent in the country. The issuance of this authorization, proceed only against citizens of countries with which Mexico has signed any agreement on the matter.

IV. Temporary resident visa, which authorizes the alien to appear at any place intended to international movement of people and ask for entry to national territory in order to stay no longer than four years.

V. Student temporary resident visa, which authorizes the alien to appear anywhere for the international movement of people and ask for entry to national territory, with the aim of stay for the duration of the courses, studies, research or training projects attesting to be carried out in educational institutions belonging to the national education system and make income-generating activities as provided in section VIII of Article 5 2 of this Act

VI. Permanent resident visa, which authorizes the alien to appear anywhere for the international movement of people and ask for entry to national territory, with the aim of remain indefinitely.

The criteria for issuing visas will be established in the Regulations and guidelines will be determined jointly by the Secretariat and the Ministry of Foreign Affairs, favoring migration management congruent to grant facilities to the issuance of visas in order to encourage migration orderly and fair privileging the dignity of migrants.

Any permission granted visas to work in exchange for payment, unless explicitly referred to in this document.

The visa requirements for accredited status and authorized stay abroad to perform in any place for the international movement of people and seek to enter the country in that condition of stay, without prejudice to later get a green card.

Article 41. Foreigners seek visas at consular offices. These authorize and issue the visas in accordance with applicable legal provisions.

Where the right to preserve the family unit, job or for humanitarian visa application can be made ​​on the Institute's offices. In these cases, authorization for the Institute and Mexico's consular offices abroad, the issue of visa as instructed.

The consular office may request the Institute to review its approval if in his opinion the applicant does not meet the requirements of this Act, its Regulations and other provisions legal rules.

The Institute ultimately resolved without liability to the consular office.

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"......The criteria for issuing visas will be established in the Regulations and guidelines will be determined jointly by the Secretariat and the Ministry of Foreign Affairs, favoring migration management congruent to grant facilities to the issuance of visas in order to encourage migration orderly and fair privileging the dignity of migrants......."

That would indicate that we may have a long wait for new 'rules', but the general tone looks good; maybe easing travel restrictions for 'permanent residents', etc. The four year term is probably going to cost us more than renewing every five years.

Time will tell.

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My firm is working on a similar issue, almost ready to turn in, will let you know.

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  • 3 weeks later...

Two important notes regarding the new migratory law:

1. Article 7 of the new law says that nobody has authority to check our migratory status, except for immigration agents and Federal Police, in certain instances(Art. 96).

2. The third transitory article of the law states that the new Regulations to the Migration Law must be published within 180 days from the date that the new law was published. The regulations will contain the actual procedures and more exact definitions of the new migratory figures. What we know now is that we will have the figures of Temporary Resident and Permanent Resident, but the specifics have not yet been ironed out. Meanwhile, the FM3/FM2 procedures will remain in effect.

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Two important notes regarding the new migratory law:

1. Article 7 of the new law says that nobody has authority to check our migratory status, except for immigration agents and Federal Police, in certain instances(Art. 96).

2. The third transitory article of the law states that the new Regulations to the Migration Law must be published within 180 days from the date that the new law was published. The regulations will contain the actual procedures and more exact definitions of the new migratory figures. What we know now is that we will have the figures of Temporary Resident and Permanent Resident, but the specifics have not yet been ironed out. Meanwhile, the FM3/FM2 procedures will remain in effect.

Solomon, enjoying your web site. We hope you continue to post here especially with updates regarding the new immigration laws.

thanks

John

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  • 2 weeks later...

We have 2 clients with the same issue, neither had to have the child´s birth cert translated. On one immigration lost the papers and asked for the mom´s bank statements again, we will turn them in tomorrow and let the world here know. At least immigration is a block away, their errors would be more annoying if we had to go farther!

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