BajaNomad - immigration status

immigration status

bacquito - 7-7-2007 at 10:06 AM

I have been traveling Mexico for many years but always as a tourist. My wife and I are living more permanently in Ensenada and perhaps it is more convenient to apply for immigrant status. Will someone please explain fm2, fm3, how and where to apply?We still have a place in Yuma and return about once a month. We have a small bank account in Ensenada and the bank said I must have immigrant status to be included as a beneficiary. Thanks for any help.

bajamigo - 7-7-2007 at 10:43 AM

Step 1: go to the Mexican Consulate on India Street and apply for an FM-3. Google "FM-3" to get a list of what you need to bring. The rest SHOULD be easy. FM-2 and immigrado status are a function of years you have had your FM-3.

toneart - 7-7-2007 at 11:28 AM

bacquito,

Do you own property in Mexico? Also, any banks I have used all require an FM 3 to even let you open an account.

In my opinion, unless you own your home or any property in Mexico, it is not necessary to have an FM3. Having an FM3 is not mandatory to own property, but if you run into any legal or bureaucratic problems, you won't have the protection that an FM3 will give you. For a Fideicomiso (bank trust title instrument), some notarios require it and some don't.

If you already have a bank account but the balance you carry is small, I wouldn't worry about beneficiaries.

If you do get an FM3, enter on an FMT and go to the immigration office in Ensenada (because you live there) to get your FM3. Each jurisdiction seems to have their own set of rules and do not like consulate issued FM3s. If you do go in there, be sure to have your FMT stamped at the border upon entry (if it is newly issued for this trip). If you don't, the Ensenada office of Immigration will lecture you and fine you and that is not the way to start out with them.

FM3s are costlier and more red tape than a tourist card (FMT). You have to be sure to renew them each year before expiration or there is a big fine and lecture. That shouldn't be a problem for you if you live there, but if you can't be there at that time, it is a problem and inconvenient.

When you go back to Yuma monthly, do you get a new FMT each time or do you just use the same one for 180 days, and not show it upon crossing the border? (not legal, but that's what a lot of people do). Again, do get it stamped the first time you cross the border with the new FMT.

You are not eligible for an FM2 until you have had an FM3 for 5 years.

You will get differences of opinion on these matters from Nomads, and also differences of opinion from government officials. The point is, there are different modes of operation throughout Mexico. It is better to do everything locally. You are thereby complying with their particular rules and idiosyncrasies.

These are my opinions based on personal experiences! Now go get some experiences of your own. :spingrin:

DENNIS - 7-7-2007 at 11:35 AM

Yeah---- Exactly like Toneart says, don't get on the bad side of Ensenada Immigration. These guys went to the same school as the U.S. customs inspectors, A-hole University.

FM-3 at Consulate

bajaguy - 7-7-2007 at 11:46 AM

Obtained our FM-3 at the Mexican Consulate in San Diego in 24 hours, stamped at Otay crossing INM, registered at Ensenada Immigration, no hassles.

We did use a "broker" to register in Ensenada.

If you want the details of what the Consulate wants (simple)and the "broker" (easy), u2u me.

PS: Even got the guy in Ensenada with the moustache (Ricardo) to say "HI" to me........ :bounce:

Russ - 7-7-2007 at 01:02 PM

I know people that have gone straight to the FM-2. But they had a fedeiocomiso. Then just 5 yrs till emigrado (sp). Check with your area immigration office before going to a consulate. If they are in a good mood they can fast track you right into the FM-2. Take a 6 pack with you (soda).
Good luck

DENNIS - 7-7-2007 at 01:30 PM

Never heard of that fast-track Russ mentioned. Oh well, anything's possible.....especially here.

bajaguy - 7-7-2007 at 01:37 PM

You are spot on, Dennis. The only thing consistant about Mexico is that it is inconsistant

elizabeth - 7-7-2007 at 02:08 PM

From ajijiclaw.com

"Most common myths for these 4 migratory statuses

FMT – Need a passport to obtain? False. All that is required for an FMT is your birth certificate and the new fee of $237 pesos.

FM3 – Must be a least 55 to apply? False. Some Consulates in the U.S. state this, but this is not true if applying in Mexico. Any age can apply as long as you meet the requirements such as the monthly income requirement.

FM3 – As long as my FM3 is up to date, my foreign plated vehicle is also legal? True. It has been rumored that one must drive back to the US/Mexico border and re-register their vehicle, which is false, even if the windshield decal is expired. As long as the registered owners migratory status is legal, so is their vehicle.

FM3 – If I’ve obtained my FM3 outside of Mexico, I must register it when I come to Mexico? True. You have 3 months to come into Mexico and register it. If you come after the 3-month period, Immigration will confiscate it when entering the country.

FM2 – I cannot leave the country for more than 3 months a year, or a total of 18 months over 5 years? True. These are the rules outlined by the Mexican government.

FM2 – I must have an FM3 for a number of years before I can apply for an FM2? False. You can apply for an FM2 right from a Tourist Visa.

Inmigrado – I’m no longer allowed to drive a foreign plated car in Mexico? True. However, there are special considerations for those people whom have had a foreign plated vehicle in Mexico for over 5 years who have switched to Immigrado. It involves petitioning the Government.

Other Facts

Some other facts to remember: when applying for these documents (except for the FMT) you must photocopy every page of your passport, including the cover, even if the pages are blank. They also require a proof of address, such as a lease, deed, phone bill etc. Another major change is that Immigration will no longer accept bank statements printed off the Internet. The reason is that it is just too simple to change the amounts of income on these statements by cutting and pasting your statements into a document. Bank statements from Canada, the US, or your offshore investment house are all accepted from Immigration. If you want to work in Mexico, you can have a work permit added to your FM3 or FM2. If you are Inmigrado, you can work with only having to inform Immigration, no permit is required.

The prices of these migratory documents go up every year, and this year is no exception. These are the taxes that must be paid when applying for your documents: FMT $237 pesos - FM3/New $1616 pesos - FM3/Renewal $1172 pesos - FM2/New $2981 pesos – FM2/Renewal $2536 pesos. These prices are just the taxes required by the Federal Government, these prices do not include our fees. For a detailed list of prices and requirements, please see the links to the left near the top of this page."

The one I've never been able to figure out is the FM2 requirement that you cannot leave the country for more than 3 months a year, maximum 18 months in 5 years! Would someone whose math may be better than mine explain how you can ever come up with 18 months in 5 years if you can only leave for a maximum of 3 months a year?????

Russ - 7-7-2007 at 02:39 PM

elizabeth, Thank you! Inmigrado, guess I'll have to file another patch of papers.

bacquito - 7-7-2007 at 04:11 PM

Thank you Nomads for all of your help regarding Fm2, Fm3 questions. I have some decisions to make. My wife is Mexican so the lot/house we own in Ensenada is in her name. I doubt we will ever have much money in Mexico. So, it might make better sense to remain with a tourist visa. But your help is appreciated and perhaps things will change and the information provided will help.
Roger

Roger

bajaguy - 7-7-2007 at 04:14 PM

Check your u2u

toneart - 7-7-2007 at 04:25 PM

Wow! Elizabeth posted that immigration will no longer accept U.S. Bank Statements that have been downloaded over the internet. The banks are trying to coerce all customers to stop receiving hard copies by mail. Mine were cut off long ago. Now I have to see if the bank will reinstate statements by mail, and also send back copies. I'm sure there will be fees involved, if they will even do it. There are going to be a lot of people up Effluent Creek who show up for renewals and don't have the hard copies.

bajalou - 7-7-2007 at 04:33 PM

As with everything else, see what the office you use wants---

bajajudy - 7-7-2007 at 04:58 PM

Just remember that what Elizabeth posted are the rules in Ajiji near Lake Chapala.
Lou's advice to check with your local office of migracion is correct.

[Edited on 7-7-2007 by bajajudy]

elizabeth - 7-7-2007 at 06:10 PM

Quote:

Originally posted by bajajudy
Just remember that what Elizabeth posted are the rules in Ajiji near Lake Chapala.
Lou's advice to check with your local office of migracion is correct.

[Edited on 7-7-2007 by bajajudy]

The rules are the same throughout the country, although they are interpreted differently, and enforced differently everywhere. The San Francisco consulate said no internet printouts, so I got hard copies to take with me to Loreto. I don't know if Loreto would have accepted the printouts or not. It's best to be prepared for the strictest interpretation, I think, because then you are ready for the strictist person in any office. The primary reason I posted this information was to dispel common misconceptions, like the need to have an FM3 for 5 years before you can get an FM2.

And please, can someone do the math on the FM2 requirements?

oldhippie - 7-7-2007 at 06:30 PM

I recommend you verify the following info with a Mexican immigration attorney:

Even though FM2 documents are for immigrants and FM3 documents are for non-immigrants, and the categories within them are different along with their respective requirements, in a practical sense they are almost the same. The reasoning behind this is that both provide permission to live in Mexico for one year, they both can be renewed annually up to five years, and it takes the same amount of time (5 years) in order for you to acquire Mexican nationality and citizenship.

In short, you can choose which ever FM2 or FM3 category you want and it does not make any substantial difference, except if you want to be employed within Mexico only certain categories will do.

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. The legal fee is $2400 and external expenses are $600. The legal fee can be considered part of the investment.

FM3 Visitante Profesional (Professional worker visa) – For visitors that will engage in professional activities in Mexico. The legal fee is $2200 and external expenses are $2500.

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

OnLine Bank Statements

CaboRon - 7-7-2007 at 08:24 PM

Quote:

Originally posted by morgaine7

Quote:

Originally posted by toneart
Wow! Elizabeth posted that immigration will no longer accept U.S. Bank Statements that have been downloaded over the internet.

This is getting really scary...I have been totally online for years and all I have are downloaded statements .... I am currently applying in Orange County..... and I had a frustrating visit there last week when I presented my statements..... seems the secretary has to present my case to the Consul .... I overheard her speaking to one of the others in the office with the words "mucho dinero" passing thru my accounts, 'and the other said "no" the Consul said he is not accepting'.... So now I wait and see if he will grant my FM 3..... If this doesn't work I try the San Diego Consulate ... and if that doesn't work I'll have to figure out how to bring my life and possesions in on an FMT....What a drag!!!! :fire:

bajabound2005 - 7-7-2007 at 08:40 PM

if you have a color printer, and make a 3 way fold on your printed off the internet statement; it's impossible to tell the difference! But if you have property here and spend more than 6 months (consecutive) a year here, I'd have an FM3.

Pescador - 7-8-2007 at 08:05 AM

Quote:

Originally posted by toneart
Wow! Elizabeth posted that immigration will no longer accept U.S. Bank Statements that have been downloaded over the internet. The banks are trying to coerce all customers to stop receiving hard copies by mail. Mine were cut off long ago. Now I have to see if the bank will reinstate statements by mail, and also send back copies. I'm sure there will be fees involved, if they will even do it. There are going to be a lot of people up Effluent Creek who show up for renewals and don't have the hard copies.

For information, the office in Santa Rosalia accepted online statements that friends from Idaho used and we were told by the head official that we could print off current online Statements.

bajalou - 7-8-2007 at 08:50 AM

In many areas, a deposit in a local bank of $1000 to $1500 USD (which can be withdrawn at any time) will allow the local bank to issue a letter to IM which takes care of the financial requirements. As I said, the money can then be withdrawn but I like having some in a local bank.

DENNIS - 7-8-2007 at 08:53 AM

The rumor mill around the immigration issue is as active as ever. What happened to the one, around the first of the year, that said outside agents could no longer practice?

meme - 7-8-2007 at 09:03 AM

The Immigration office in San Felipe told me that Ajiji site does not have rules/ifo correct for San Felipe, so I would say AGAIN check your area.

Don Alley - 7-8-2007 at 09:40 AM

As of March the Loreto office accepted renewals with home printed bank statements from the internet. At that time the stuff was sent to Los Cabos so perhaps they are OK with them too.

If I want originals from my bank, they access the same data and print out identical statements. If Mexico wants assurances they are legit, they need to have them notarized and embossed and stamped at the bank. Might be tricky to do that when you are living down here.

Maybe the bank could notarize them, and fax them down. :lol:

Or you could give immigration your passwords and they could go online themselves and check your data. :lol:

DENNIS - 7-8-2007 at 09:44 AM

Quote:

Originally posted by Don Alley

Or you could give immigration your passwords and they could go online themselves and check your data. :lol:

What a great idea. I usually paper-clip my ATM card and pin number to the application but, I can see where online access would make their day easier.

toneart - 7-8-2007 at 11:18 AM

Just give them your date of birth and your Social Security number.
They will be happy with that. Then they can definitely get a handle on your financial solvency. :lol:

No No No! Don't do that!!! (This is my CYA disclaimer).

[Edited on 7-8-2007 by toneart]

toneart - 7-8-2007 at 11:30 AM

Quote:

Originally posted by Pescador

Quote:

For information, the office in Santa Rosalia accepted online statements that friends from Idaho used and we were told by the head official that we could print off current online Statements.

Santa Rosalia has always accepted my online printed statements, but my concern is that this is a new rule. I know, and have stated, that although the law is national, the rules are applied differently in different jurisdictions. So, rather than get down there without hard copies, I will go to my bank and see if they will give me official (notorized and stamped) copies.

osoflojo - 7-9-2007 at 12:30 PM

Cabo accepted on line statements last year at my renewal. I will let you know next month when I am due again.