bajalearner - 12-10-2010 at 11:21 AM
I would like a description of what the FM2 and 3 cards are and when and why are they needed. Forgive me if this info is available somewhere but my
search did not give me the answers. I'm retired and live in Tijuana with an address in San Diego and still show a CA residence status for various
reasons; one is to maintain my health insurance with Kaiser.
FM-3 and FM-2
bajaguy - 12-10-2010 at 11:27 AM
FM3 - The Long-Term Non-Immigrant Visa
Mexico operates what is known as a FM3 visa. The FM3 visa is a renewable long term (more than six months) permit which gives non-immigrant temporary
residency status to the holder. This means that it gives a person the right to live in Mexico (under terms as set out in the visa) but it does not
lead to, and cannot be converted to, a visa leading to permanent residency or Mexican Citizenship.
There are various categories under which FM3 visas are granted, and these relate to the activities you intend to undertake while in Mexico. Under the
terms of the FM3, you are authorized to only undertake certain, specific activities which may be lucrative or non-lucrative, depending on the visa's
classification.
One of the criteria that the Mexican authorities require for the issuance of a FM3 visa is that the applicant prove that they have 'sufficient funds
to sustain themselves while in Mexico' and/or a proven steady income. There is no official minimum or maximum amount—every application appears to be
dealt with on a case-by-case basis. Proof of funds and/or income is usually requested by means of bank account statements, proof of investment income,
credit cards, or a combination of these.
Once applied for and granted, the FM3 may be renewed for an additional four years (for a total of five years). After this period, a new FM3 may be
applied for and, if granted, will serve for another (max) five year period, renewable annually.
The FM3 visa cannot be exchanged automatically for a visa leading to permanent residency (FM2); a FM2 must be applied for separately. Any years
accrued under a FM3 visa are not transferable towards FM2-residency status.
You may apply for a FM3 visa while in Mexico and in possession of a short-term FMM (Tourist/Business Visitors Visa).
If you are "living" in Mexico, even as a part time resident, you are no longer a "tourist".......you need an FM-3 or an FM-2
FM2 - The Immigrant Visa
FM2 visas are intended for people seeking permanent residency status in Mexico or those who may seek eventual Mexican Citizenship.
There are various categories under which FM2 visas are granted, and these relate to the activities you intend to undertake while in Mexico. Under the
terms of the FM2, you are authorized to only undertake certain, specific activities which may be lucrative or non-lucrative.
You must hold a FM2 for a qualifying period* before you may apply for "immigrant" status or Mexican Citizenship.
You do not need to have held a FM3 visa before applying for a FM2, and any years you may have accrued while living in Mexico under the auspice of a
FM3 do not count towards your FM2 qualification period.
If your goal is to seek long-term residency in Mexico, or to become a Mexican Citizen, you should apply for FM2 status (or request a change of status
from FM3 to FM2) so that your time starts counting towards the qualification period as soon as possible.
You may apply for a FM2 visa while you are in Mexico and in possession of a FMM (Visitor's Visa) or in Mexico under the auspice of a FM3.
Once you are in possession of a FM2, following the qualification period, you may apply for full residency status. When your full residency status has
been accepted, you are entitled to full rights (e.g. access to IMSS sickness pay) and responsibilities (e.g. pay income taxes) as any other Mexican
citizen. Naturalized citizens are also allowed to vote in Mexican elections.
When your full residency status has been accepted, you may also begin your application for Mexican Citizenship, although you do not have to do this;
you can remain a 'resident alien' on a FM2 visa indefinitely.
Upon receiving immigrated status, you will receive a plastic card that looks like a driver's license. This card enables you to pass through Mexico's
borders as if you were a Mexican national.
You do not, under Mexican law, need to surrender your national passport—whether you remain a resident-alien or apply for citizenship —which you'll use
when you return to your home country for visits, or if you eventually return to your home country to dwell there again. However, your home country's
policies might require you to surrender your passport and/or citizenship; check with your local authorities for details.
If you hold a FM2 visa and stay outside of Mexico for longer than 2 years, or for 5 years in any 10 year period, you will lose your permanent resident
status in Mexico.
NOTE: In the USA, most all legality relies on literal translation of the written law. However, Mexico can be very 'unliteral", inconsistent,
illogical, ambiguous, and often hinges on the person in authority at any given point in time and from specific situation to specific situation. This
situation is rampant, ubiquitous and pervasive. (quoted from MitchMan)
[Edited on 12-10-2010 by bajaguy]
David K - 12-10-2010 at 11:59 AM
great reply bajaguy!
bajalearner - 12-10-2010 at 12:15 PM
Very helpful information, this is what I hoped to start with. Has anyone found any changes to their US citizen rights or responsibilities after
obtaining an FM 2 or 3? I wonder if an FM2 would be better since I may live here indefinitely. Any drawbacks to FM2 vs. FM3?
I have custody of my 12 year old son who lives with me. Is he under the same obligation as I am to register for FM2 or 3?
THX
bajaguy - 12-10-2010 at 01:03 PM
Very helpful information, this is what I hoped to start with.
Has anyone found any changes to their US citizen rights or responsibilities after obtaining an FM 2 or 3?
.........No, you are not renouncing or giving up your US citizenship
I wonder if an FM2 would be better since I may live here indefinitely. Any drawbacks to FM2 vs. FM3?
.........Start with an FM-3
I have custody of my 12 year old son who lives with me. Is he under the same obligation as I am to register for FM2 or 3?
............Yup