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Car in Mexico when applying for Residency


Zeb

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How do things work if you have your car in Mexico and have flown back to the US to apply for either Temporary or Permanent Residency.? The car is still within the six month limit for the Tourist Visa which we obtained upon crossing the border.

How do you handle things paper work wise once you have applied? I understand that if you have a Permanente, you can no longer drive a US plated vehicle, but the car is still under the six month limit. You get the idea....

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You were supposed to remove the car when you left the country if you are on a tourist visa. The TIP you had was for the tourist visa that expired when you flew out of the country. It is illegal for the person whose name is on the TIP to leave the country without taking the car with him.

You had better get in touch with Spencer or you could have quite the problem here.

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As I read this, the car is here and they are in Houston. If they go into the consul and apply for temporals, it is possible the car situation will show up when their names are entered.

Leaving a car behind when exiting with a Tourist Visa is a big no no in this country and has been so for a long, long time. My wife's father got hung by his thumbs on just that situation 60 years ago.

Advice stands--consult Spencer immediately.

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Things are getting more advanced with INM, Immigration and ADUANA, Customs when entering/re-entering Mexico as of late and their computer database is updated to check many more things than before including the INTERPOL crime database. See this article below:

http://www.sandiegouniontribune.com/news/2015/jul/19/mexico-increase-pedestrian-inspections-san-ysidro/

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We had some circumstances that made it difficult for us to drive back so we really had to fly. We can always wait to apply for residency on the next trip if this will avoid triggering a problem. The car has about four months left on the import permit.

Obviously, we will not be driving back in as we don't have our car with us. It seems we should be able to drive our car back out on the next trip prior to the six month period.

If we have to consult Spencer, seems we should be able to do so upon our return, unless there is something we don't know, and it has to be done from Texas.

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With a TR pre-approval no one will care. Once visa is issued go to Aduana and have permit extended so it expires at end of one year, same date as TR. I have seen this happen several times.

Even with a PR pre-approval Aduana gives you a 30 day car permit when you enter with a car. You can always nationalize if a PR visa. This month pedimentos will start be issued for those waiting the longest.

saludos

Sonia

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With a TR pre-approval no one will care. Once visa is issued go to Aduana and have permit extended so it expires at end of one year, same date as TR. I have seen this happen several times.

Even with a PR pre-approval Aduana gives you a 30 day car permit when you enter with a car. You can always nationalize if a PR visa. This month pedimentos will start be issued for those waiting the longest.

saludos

Sonia

I want tp be clear I understand your suggestion. Once we have TR (Temp Residency). Go to Aduana upon our arrival, either via land or air, have the auto TIP extended to the same day as our residency expires.

In the meantime, if we have TR pre-approval, we will only have 30 days to get our car out of the country? That seems like a tough situation.

One thing also, we wouldn't want to nationalize our car.

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You were supposed to remove the car when you left the country if you are on a tourist visa. The TIP you had was for the tourist visa that expired when you flew out of the country. It is illegal for the person whose name is on the TIP to leave the country without taking the car with him.

You had better get in touch with Spencer or you could have quite the problem here.

I thought the TIP was for the car and the Visa was for the person.

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When you turn in a TIP you do not show them your FMM. I would not worry about it much unless it has expired and only to the extent of your deposit,

You are suggesting go turn in your TIP first, then go to the other booth. Doesn't the cashier ask for the passport and Visa? I don't remember what she asks for. We don't have an FMM, only a Tourist Visa.

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I want tp be clear I understand your suggestion. Once we have TR (Temp Residency). Go to Aduana upon our arrival, either via land or air, have the auto TIP extended to the same day as our residency expires. YES once you have your pre-approved visa in process at INM in Chapala. Spencer can help you with both visa and car permit extension.

In the meantime, if we have TR pre-approval, we will only have 30 days to get our car out of the country? That seems like a tough situation. No, not what I meant. On a PR or TR pre-approval you would get a 30 day TIP for your vehicle when entering Mexico. Note, I am including PR. Your car is already in Mexico, being left in Mexico and therefore your current TIP applies. Those entering with a car and pre-approval typically only get a 30 car permit and the TR visa expats get an extension. A PR pre-approval will not get an extension.

One thing also, we wouldn't want to nationalize our car.

When one refers to a FMM, they are referring to a tourist card. If flying out you always have to turn in a FMM / Tourist card. When driving out many do not bother.

My website covers car permits.

The post further down by Stevie is simply ridiculous and fear mongering hiding behind his screen name. I have gone with clients to Aduana to extend permits in these situations and never an issue. Suggesting an extra trip to border with all that is involved in obtaining a retorno seguro, tolls, gas, meals, accommodations, time etc is nonsense.

If one wants to talk about breaking laws you mean like speeding? Or you mean all the expats including landlords who pay no tax and have no authorization from INM to work? Or the tenants when landlord is out of country and do not withhold tax and pay to SAT along with many who sell art, musicians, etc etc. If a tourist who had a car in Mexico, flew out and had an issue please post names and dates or otherwise simply hearsay and myths as usual. Many have flown out in these circumstances (some in an emergency situation) with no consequences. Same person who said I could not legally nationalize cars for two years. lol

Meanwhile, if someone suggests your car being confiscated while you make a quick trip flying to US and back while obtaining your pre-approved visa please ask them to name one person to whom this has happened.

saludos

Sonia

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With a TR pre-approval no one will care. Once visa is issued go to Aduana and have permit extended so it expires at end of one year, same date as TR. I have seen this happen several times.

Even with a PR pre-approval Aduana gives you a 30 day car permit when you enter with a car. You can always nationalize if a PR visa. This month pedimentos will start be issued for those waiting the longest.

saludos

Sonia

.

This approach works sometimes, other times not.

Sometimes the Consulates do a simple computer check of the residency visa applicant's name and passport number, and bingo, they find uncancelled vehicle temporary import permits. They then deny the application and flag the applicant's files.

The TIP expired the moment Zeb surrendered his FMM at the airport when leaving. The legal solution is straightforward. Return to Mexico on an FMM, file for a 5 business day Returno Seguro permit to drive to the border to take the car out of the country. Surrender the old TIP at the border.

When professional advisers start advising people to break Mexican laws, it does not seem very professional, especially when there are easy safe ways to resolve the problem.

Also realize that many/most Mexican vehicle insurance policies have fine print clauses that all them to deny insurance protection for illegal vehicles, which puts the driver at risk for $2 million to $3 million pesos in cash fines, and sitting in jail until they come up with the cash, in the event of an accident when someone is killed.

And yes, we know 2 sets of people whom Consulates have denied Residente Temporal permits following simple computer checks of their records.

Keep it simple, keep it easy, follow the laws and contracts you signed. Get a Retorno Seguro permit and legally take the car to the border.

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I did talk to Spencer. What Sonia said above seems to correlate with what he told me. Also, a suggestion he had was for the person who did not have the TIP is his name, to be the one to apply to the residency. He also mentioned getting a Retorno Seguro, but nothing about having to drive back to the border. I think we can handle that somehow from Chapala.

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The Retorno Seguro is for the purpose of driving the car back to the border.

Zeb, please realize that your car is now in Mexico illegally and subject to confiscation. Your insurance validity is in question too.

Snowyco made an excellent post (#16), which you should read again and again.

Note:

FMM = Forma Migratoria Multiple, and is used as a tourist permit (visitante) among other things. It is not a visa, and one may not leave a temporarily imported car in Mexico when leaving on a tourist permit. That was your misunderstanding and error. So, it would be best to return, see Spencer and get a Retorno Seguro to remove the car legally, unless he can get the Importada Temporal re-instated with the car in place. In the meantime, I would not drive it.

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You have heard from a Mexican Lawyer and a Professional Facilitator - both highly experienced, with excellent connections, and fully bi-lingual. If you need a second, or third opinion - go to another lawyer or facilitator of equal calibre, not the internet gadflies.

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You have heard from a Mexican Lawyer and a Professional Facilitator - both highly experienced, with excellent connections, and fully bi-lingual. If you need a second, or third opinion - go to another lawyer or facilitator of equal calibre, not the internet gadflies.

http://www.sat.gob.mx/aduanas/vehiculos/importacion_temporal/Paginas/automoviles.aspx

Google Translation:

"In the case of foreigners with status of stay of visitors [FMM tourist], temporary resident and temporary resident student may temporarily import a single vehicle, the present for such effects your current passport or passport (passport card) and the official document issued by the immigration authorities."

"Declare under penalty of perjury, that you undertake to return the vehicle in question, within no longer than the authorized period [on the TIP paperwork] to perform any act or omission which configure the offense or offenses for misuse or destination."

"validity

The period allowed for return vehicles had been temporarily imported by Mexicans living abroad, it will be 180 calendar days of effective stay in the country, counting from the date of entry of the vehicle and usable national territory in a period of twelve months, considering multiple inputs and outputs, protected at all times by the existing warranty.

The period allowed for return vehicles had been temporarily imported by foreigners will be to the life of their condition of stay granted by the immigration authorities."

This is the offical rules and it appears it is open to interpretation as to what the TIP an immigrant that has a 180 day stay in Mexico originally and whether returning to the US and re-entering on another FMM tourist card is allowed is not mentioned as long as the vehicle is removed in 180 days or less.

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Don't listen to the so called experts on every thing in Mexico.

No use in having a discussion on anything according to you. Might as well just hire a lawyer to interpert all things Mexican. LOL

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Google Translation:

"In the case of foreigners with status of stay of visitors [FMM tourist], temporary resident and temporary resident student may temporarily import a single vehicle, the present for such effects your current passport or passport (passport card) and the official document issued by the immigration authorities."

"validity

The period allowed for return vehicles had been temporarily imported by Mexicans living abroad, it will be 180 calendar days of effective stay in the country, counting from the date of entry of the vehicle and usable national territory in a period of twelve months, considering multiple inputs and outputs, protected at all times by the existing warranty.

The period allowed for return vehicles had been temporarily imported by foreigners will be to the life of their condition of stay granted by the immigration authorities."

The period allowed for return vehicles had been temporarily imported by Mexicans living abroad, it will be 180 calendar days of effective stay in the country..

The OP is not.

In the case of a Mexican National with a legal status in the US they can get a TIP for their US vehicle for 180 days per 12 month period and exit and enter Mexico with the vehicle as long as the total time having the vehicle in Mexico does not exceed 180 days. They do not need INM, Immigration, approval to be in Mexico.

A foreigner does need INM approval and needs a 180 day FMM tourist card, Temporary Resident visa etc. to be in Mexico and their TIP is valid for the dates the visa/FMM tourist card etc. is valid.

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