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Author: Subject: New rules for FM-2?
Ricardo
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[*] posted on 11-13-2009 at 08:17 PM


Dennis yeah I just that was a bit of a ruuun-on sentence. My point was there are many people that live all over this planet that have purchased land in mexico. Trough consulates and lawyers etc but actually don't go to mexico very often thus they don't have or need a Visa be it a FM-T through To a FM 2 .Squid is suggesting that they don't have rights to ownership. yet the gov't of mexico approved all the steps and title was issued.
These same owners have paid taxes etc so how can it be that they don't own thier property.
Hope thats better.
Rick
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Hook
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[*] posted on 11-13-2009 at 08:31 PM


Quote:
Originally posted by squid
O.K., this is discussed over.. and over... and over again.
(but don't you worry, there are always some guys here who know everything better than the INM. Those i.e. who purchased land holding an FMT)
FM-T : You have no rights at all other than entering the country. You have to leave within 180 days. You are not allowed to sign contracts whats-o-ever !!!
Any contract you sign without an FM-3/2 is illegal and you might loose whatever you purchased on an FMT. Cars. Homes. Bankaccounts. everything. We had this discussion before.
FM-3 : you have very limited rights i.e. you can stay for one year. You can open a bankaccount. Sign legal and other contracts. etc. etc. Renewal before 12 month required.
FM-2 : after holding an FM-3 for 5 years you can apply ( ! - no guarante that you get it ) for an FM-2. If you 'own' land on a Fido (Banktrust) you can shorten that time by 2 years. Owning land free and clear on any FM is out of discussion. Mexico belongs to the Mexicans-and we want to keep it this way. Period


This just in................non-Mexicans own lots of Mexico free and clear. Just not along the coasts.

Oh, yeah. PERIOD! :rolleyes:




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DENNIS
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[*] posted on 11-13-2009 at 08:33 PM


Quote:
Originally posted by Ricardo
Squid is suggesting


Thanks Rick.
Without getting into the details which you're responding to, let me make a suggestion. Don't listen to that squid person. She has been the cause of nothing but trouble here and her opinions, such as her last one here, are usually caustic, antagonistic and xenophobic. She has earned the consideration to be ignored.
Her reaction to this, if she chooses to do that, will attest to what I say.
Thanks again for your response.
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squid
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[*] posted on 11-13-2009 at 08:37 PM


Quote:
Originally posted by Ricardo
Dennis yeah I just that was a bit of a ruuun-on sentence. My point was there are many people that live all over this planet that have purchased land in mexico. Trough consulates and lawyers etc but actually don't go to mexico very often thus they don't have or need a Visa be it a FM-T through To a FM 2 .Squid is suggesting that they don't have rights to ownership. yet the gov't of mexico approved all the steps and title was issued.
These same owners have paid taxes etc so how can it be that they don't own thier property.
Hope thats better.
Rick


Now comes Mr. " know it all" (like any time here when facts are facts.
Rick, name ONE landowner in Baja California Norte or Sur (and this is a Baja Forum, not a mainland forum out of the 50 Km zone where you can purchase land like you said) who purchased any land w/o any FM and got the title free and clear without any FM and Fido.
Just ONE !!!! to prove your big mouth post.
(Addendum: anybody who got the gutts can travel into Mexico without any FM > just don't get caught: its prison time or maybe a fat mordida might do the trick. But it is illegal anyway. Havin' any accident w/o FM??? Jailtime!
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Ricardo
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[*] posted on 11-13-2009 at 08:46 PM


Squid I wasn't being a big mouth post, But I would like to know the diffence, are you saying that if a person bought property with a Fido has paid taxes for years but hasn't been able to visit Mexico for a few years, Did all the paperwork legally through a consulate and notary etc has the papers all registered and approved etc, But as they haven't been in mexico to purchase a Visa FM of any sort then thier title / fido is no longer legal?
Thanks Rick
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Ricardo
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[*] posted on 11-13-2009 at 09:12 PM


Squid I'm sorry but I do seem to be confused, Lets try again I understand THe 50 KM zone and I understand The Fido. But whaT I don't understand is the need a FM3 to own land or holdings. can you own land etc with out a FM of any sort? as example what if you bought land in BAJA but did it through a Consulate , a Notary and a power of attourny, All legal, all signed in Lapaz, and Mexico City. If you don't go to BAJA very often can't you be a landowner? I think many people are
Thanks again Rick
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squid
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[*] posted on 11-13-2009 at 09:44 PM


Quote:
Originally posted by Ricardo
Squid I'm sorry but I do seem to be confused, Lets try again I understand THe 50 KM zone and I understand The Fido. But whaT I don't understand is the need a FM3 to own land or holdings. can you own land etc with out a FM of any sort? as example what if you bought land in BAJA but did it through a Consulate , a Notary and a power of attourny, All legal, all signed in Lapaz, and Mexico City. If you don't go to BAJA very often can't you be a landowner? I think many people are
Thanks again Rick


Rick, nothing to thank for in the first place.
Now, if you buy land in Baja through a lawfirm etc. etc. as you explained, I am not sure that that is legal w/o holding an FM-3/2. I doubt it. But money makes the world going around - and in Mexico mordida is doing any [well, most] tricks. But is it legal deal, even if you got all papers? I doubt it again. And it would be not the first case where a deal went trough but b/c of some "mordida tricks' the deal busted years later.
And don't you think that ALL Ambassy employees are honest and not taking mordida. Even in the U.S. money makes everything possible and puts a seal under a document.
What's defenately illegal: if you - the new landowner - are traveling to Baja w/o an FM-3/2.
ANY (private!) landowner must have an FM-3/2 > no exception. Corporations excluded of course. But you talked about "I know many folks owning land free and clear" So it was clear to me that you are talking about private individuals
So what do you need a piece of land for if you can't use it?
Well, let grow grass and weeds on it and sell it after some years making profit is certainly an option. Just owning it and let folks build a resort might be another option. But using it for yourself, maybe building a home on it?? Impossible.
Are the skies clear now?
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[*] posted on 11-14-2009 at 12:23 AM


I'm not trying to stir the pot, so please don't anyone jump on me... but what if you have a business FM3 (which you must have if you are a director/officer of a Mexican Corporation). I seem to recall that you cannot (easily) go to an FM2 (which is what I would like to do) to eventually obtain dual citizenship (US/Mexico)? My esposo has the rentista FM3, and was told that Immigration may allow me to apply for FM2 status if he obtains his FM2, but is there even such a thing as FM2 that would still allow you to conduct business in MX? Also, would it not be true that if you did finally become a Mexican citizen, you could own property in the Restricted Zone outright (even though it is my understanding that only natural born citizens of MX can ever vote)??? If this has been answered in the past, I apologize, but am still not clear on these issues.

[Edited on 11-14-2009 by schwlind]
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[*] posted on 11-14-2009 at 06:31 AM


The following was written by a Mexican lawyer in a private communication to me. It's about 5 years old.

http://www.maldonadomarkham.com/Tijuana-Attorney.htm

=============================
FM2 Rentista (Immigrant rentist)- When the immigrant plans to live off his own capital or the interest that it produces, coming from abroad or from investments in Mexico (approx. $19,500 verifiable yearly passive income)

FM2 Inversionistas (Immigrant investor)- For immigrants that have made an investment within Mexico. The investment must be of at least $161,000.

FM2 Profesional.- For immigrants that will engage in professional economic activities in Mexico.

FM2 Familiares (Immigrant Family member) – For immigrants that will be economic dependents of a Mexican national to whom they have close family relationship.

FM2 Asimilados (Assimilated Immigrant Family member) – For immigrants that have been at least two years legally in Mexico and have a close family relationship with a Mexican national.

FM3 Visitante Rentista (Rentist visitor visa)- When the foreign national plans to live temporarily in Mexico off his own capital or the interest that it produces, coming from abroad or from investments in Mexico (approx. $12,000 verifiable yearly passive income)

FM3 Visitante Inversionista (Investment visa) – For visitors that have made an investment within Mexico. The investment must be of at least $105,000 if made in a business or $161,000 if made in real estate.

FM3 Visitante Profesional (Professional worker visa) – For visitors that will engage in professional activities in Mexico.

FM3 Otros visitants (other visitors) – For visitors that are not described in other categories and have a family relationship with a Mexican national.
==============================

Squiddly, I think, but am not 100% sure, that there is land in BC along the road between Ensenada and San Felipe that is more than 100 km from the border and more than 50 km from either coast.

Any map experts around?



[Edited on 11-14-2009 by k-rico]

[Edited on 11-14-2009 by k-rico]
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squid
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[*] posted on 11-14-2009 at 08:41 AM


Quote:
Originally posted by k-rico
The following was written by a Mexican lawyer in a private communication to me. It's about 5 years old.

http://www.maldonadomarkham.com/Tijuana-Attorney.htm

=============================
FM2 Rentista (Immigrant rentist)- When the immigrant plans to live off his own capital or the interest that it produces, coming from abroad or from investments in Mexico (approx. $19,500 verifiable yearly passive income)

FM2 Inversionistas (Immigrant investor)- For immigrants that have made an investment within Mexico. The investment must be of at least $161,000.

FM2 Profesional.- For immigrants that will engage in professional economic activities in Mexico.

FM2 Familiares (Immigrant Family member) – For immigrants that will be economic dependents of a Mexican national to whom they have close family relationship.

FM2 Asimilados (Assimilated Immigrant Family member) – For immigrants that have been at least two years legally in Mexico and have a close family relationship with a Mexican national.

FM3 Visitante Rentista (Rentist visitor visa)- When the foreign national plans to live temporarily in Mexico off his own capital or the interest that it produces, coming from abroad or from investments in Mexico (approx. $12,000 verifiable yearly passive income)

FM3 Visitante Inversionista (Investment visa) – For visitors that have made an investment within Mexico. The investment must be of at least $105,000 if made in a business or $161,000 if made in real estate.

FM3 Visitante Profesional (Professional worker visa) – For visitors that will engage in professional activities in Mexico.

FM3 Otros visitants (other visitors) – For visitors that are not described in other categories and have a family relationship with a Mexican national.
==============================

Squiddly, I think, but am not 100% sure, that there is land in BC along the road between Ensenada and San Felipe that is more than 100 km from the border and more than 50 km from either coast.

Any map experts around?



[Edited on 11-14-2009 by k-rico]

[Edited on 11-14-2009 by k-rico]



First of all::: Thanks for the exceptionally good info. That clears the skys. I did say it in other words but by far not so good as your post means not in such good details.
Again, Thanks

About the spot / land which is more than 50 Km from either side of the coastline in Baja. You are right about that.
I referred to that point in an earlier post in this thread. But, even though, ALL of Baja is considered within the 50Km zone.
There is another example of 'mas o menos' politics of Mexico.
The 50Km zone i.e. south of Guaymas is extended to more than 50kilometers from the border. That is done for tourists and permanents alike to make it easier to live and drive w/ their cars. Remember, you can not enter the mainland outside the 50Km zone with a car holding a Baja license plate. That license plate allows you ONLY to drive within the zone. Other you import that car permanently and getting a different plate.
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twogringos
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[*] posted on 11-14-2009 at 09:43 AM


Quote:
Originally posted by gnukid
I can not confirm if there is a required time period with fm-3 or not as there was before. But yes everyone should be on the fm-2 track who who wants to stay and with 2 years on FM-2 you can go permanent migratorio or naturalized using the DNN form.


I can confirm that in La Paz, in 2009, you can get a FM-2 directly from a FMT and if you have a Fidecosimo. I can not find any collaboration that you can file for naturalization after only two years on the FM-2.
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Tano
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[*] posted on 11-14-2009 at 11:15 AM


What’s with all this equivocal information? It sounds like immigration officials take options written on pieces of paper out of hat. Isn’t there something in writing where all this is spelled out?
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DENNIS
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[*] posted on 11-14-2009 at 11:21 AM


Quote:
Originally posted by Tano
It sounds like immigration officials take options written on pieces of paper out of hat.


They do just that. Deal with the Ensenada office and you will soon see what I mean. If one could afford to get the ear of whoever they answer to, it probably still wouldn't matter. Arguing with these people is a losing proposition.
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[*] posted on 11-14-2009 at 11:29 AM


What about arguing with the actual código in your hands?
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DENNIS
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[*] posted on 11-14-2009 at 11:30 AM


Quote:
Originally posted by Tano
What about arguing with the actual código in your hands?


That would be upstageing them. They really hate it when you do that.
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[*] posted on 11-14-2009 at 11:33 AM


That sounds like chaos to me.

Did you say, “Kaos,” Max?
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bajaguy
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[*] posted on 11-14-2009 at 11:42 AM


Quote:
Originally posted by Tano
What about arguing with the actual código in your hands?





That would REALLY make the Ensenada guy happy.....NOT




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eureka.gif posted on 11-14-2009 at 11:58 AM


You have to consider what is written law, and weigh that against the multitude of interpretations among the various immigrations district offices and the various Mexican Consulates in The United States. (Good luck with that!)

The best way is to do everything through your local immigration district office in Baja. They do operate differently from one another. Besides, they want absolute control. Our immigration office in Santa Rosalia tells us that we no longer have to wait to apply for an FM2 after holding an FM3 for five years. We can jump over the five year FM3 holding period (if you want to).

Regarding the ability to buy property with an FMT, I know people who have done it. There are many who are willing to take your money, and some have gotten Fideicomisos while only holding an FMT. Where you get into legal trouble is if there is some dispute regarding your land. You have NO rights and you will lose your property. That is validated by the fact that your are actually holding the property illegally. It just hasn't been enforced until a dispute arises. The same goes for insurance policies. If you have to collect on a claim, you can't do it without at least an FM3.

Do your homework diligently if you are buying property. Do your immigration business only with your local immigration district office. Think about this: They know everything about you. They know what you look like and where you live. They make regular sweeps throughout their region. You are far better off getting to know them and working with them. Respect their culture and "the way things are done". If your principles run counter to theirs, they are of no value in Mexico. You are a foreigner.




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squid
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[*] posted on 11-14-2009 at 11:59 AM


I would like to add something by trying to answer some of Schwlind's questions as good as I can.
First and foremost: I am NOT an expert in this issue. I (we) learned these issues b/c of a nightmare we went through w/ the INM (Immigration).
My hubby runs a business in the US and MX alike. In the beginning it was very unclear to us what to request , which Visa is needed. The INM does not give outstanding answers.
O.K., back again to k-rico's post and FM-3 Visitante Rentista. On that Visa you also can also live permanently in MX, not only temporarily.
AND, it remains the fact that every land or houseowner (house on leased land) has to hold at least an FM-3. This was my concern about not having an FM-3/2 as a landowner as Ricardo pointed out. I have my doubts that it is legal for a private individual to own land - even when purchased through an ambassy and as many lawyers as possible, and signed and, and, and. without holding an FM-3/2. Well, where there is no judge, there is no judgment! Everything is possible in Mexico, as long as you didn't get caught. Again, FMT does not allow you anything other than entering the country for 180 days only. Even as there are Nomads her posting that they bought this or that house w/o an FM-3. It is illegal.

@ Schwlind
Nobody jumps on you because you are asking something. I learned that there are good people here as well as others > every flock has black sheep. What the heck! My hubby does not like the fact that I post here as he had bad exoperiance and is no longer willing to waste his time w/ marooons. But again, most Nomads are "normal".
To your Q: As far as I know an FM-2 is more easy to obtain if you are running a business in MX. Don't forget, you have to apply for an FM-2 (unlike FM-3) and the local INM officer will make a statement about you. The decission is made in MXCity, not in your local office. About your hubby, it depends on if he is classified as 'Dependent' in his FM-3. If so, it might very well be that he also has to obtain an FM-2. But , hey, go to the INM and ask. On specific questions they do have answers.
I was referring to the fact, if you go to the INM and ask: " What shall I do?" Then they are mostly helpless. But even that depends on the office where you go. Some are better some are only poor w/ info.
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gnukid
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[*] posted on 11-14-2009 at 12:33 PM


Quote:
Originally posted by DENNIS
Whatever else, I just paid $395 bucks for an agent to renew my FM2. I'll be glad when All this nonsense is behind me.


I have a very hard time understanding why anyone would pay so much but I guess everything has a price. I personally think that if you want a visa you should meet with the agent and develop a positive relationship in the case of fm-3 renewel the cost is 2200 which is below $200.

Anyway, to your other question- I understand that there is a inmigratorio which mean permanently migrated I guess and there is naturalized which means you wish to become mexican I think Shari is naturalized so maybe she can speak to this as she refered to her first voting experience etc... as others have mentioned too.

Apparently things are different in every office and region...
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