BajaNomad

FM2 now MANDATORY after four FM3s ??

Hook - 5-26-2012 at 09:42 PM

One of the busiest professional agents who assist gringos in getting their immigration documents has posted a notice on her office, stating that the new INM rules are in effect and that IT IS NOW MANDATORY FOR FM-3 HOLDERS TO CONVERT TO AN FM-2 AFTER HAVING HELD AN FM-3 FOR FOUR TIMES.

Has anyone else heard anything about this? Have the new immigration rules been released by the federal office that is supposed to publish it?

ncampion - 5-27-2012 at 06:35 AM

Just got our new FM-3s a week ago in Loreto. This was after 4 years of FM-3 renewals. No problem so far.

DENNIS - 5-27-2012 at 06:37 AM

Quote:
Originally posted by ncampion
Just got our new FM-3s a week ago in Loreto. This was after 4 years of FM-3 renewals. No problem so far.


Typical of the "Two Square Mile Laws" in Mexico. :lol:

karenintx - 5-27-2012 at 07:44 PM

From CSL...

Started our renewal last Thursday. Agent asked if we wanted to upgrade to a FM-2 or stay with a FM-3. We asked if it was mandatory to upgrade and his answer was "No, only if you want to. You can keep an FM-3 forever." We were planning to upgrade but just wanted to hear his answer.

Could it be that the "busiest professional agent who assist gringos in getting their immigration documents" has found a new way to increase her revenue! Then again, it seems each INM office has it's owns rules.

Also we are not required to start our renewal 30 days before expiration...we have the option to start but it is not mandatory. One of our friends went to INM two days before his FM-3 expired and no one said anything to him. If it had been the day after expiration, that would have been a different story.

Hook - 5-28-2012 at 07:57 AM

Thanks for these replies. I am very skeptical about whether this was, in fact, a new law. I would have heard more about it, even prior to it being published.

I am also very skeptical about the motives of professional agents.:smug:

bajajudy - 5-28-2012 at 09:06 AM

Actually it would reduce this person's income because you can only have an FM2 for 5 years.

Hook - 5-28-2012 at 09:25 AM

Quote:
Originally posted by bajajudy
Actually it would reduce this person's income because you can only have an FM2 for 5 years.


Unless she charges more for FM2s and a boatload to take you to inmigrado status. I dont know that for a fact, though.

DENNIS - 5-28-2012 at 09:32 AM

Quote:
Originally posted by Hook
Unless she charges more for FM2s and a boatload to take you to inmigrado status. I dont know that for a fact, though.


That is precisely the case here. As in most all other areas of business in Mexico, these agents don't compete....they price-fix.

karenintx - 5-28-2012 at 04:52 PM

Forgot to say...When the agent was explaining FM-3, FM-2 and Immagrado, he said "with a FM-2 you can not be out of the country more than 365 days in a 5 year period." Wanting to confirm what he had just said I said "so you are saying 365 days in 5 years and there is no annual limit?" He replied "it is 365 days in 5 years."

Since we live here full time the "365" rule will not affect us...guess I should have asked what happens if a person goes over 365 days. Does that mean they can't go to Immagrado, do they have to start over with a FM-3 or do they get to stay with FM-2?

We were told our FM-2's would be ready in 14 business days. I will ask more detailed questions about the "365" rule on that day.

bacquito - 5-28-2012 at 05:40 PM

Quote:
Originally posted by karenintx
Forgot to say...When the agent was explaining FM-3, FM-2 and Immagrado, he said "with a FM-2 you can not be out of the country more than 365 days in a 5 year period." Wanting to confirm what he had just said I said "so you are saying 365 days in 5 years and there is no annual limit?" He replied "it is 365 days in 5 years."

Since we live here full time the "365" rule will not affect us...guess I should have asked what happens if a person goes over 365 days. Does that mean they can't go to Immagrado, do they have to start over with a FM-3 or do they get to stay with FM-2?

We were told our FM-2's would be ready in 14 business days. I will ask more detailed questions about the "365" rule on that day.


How would Mexican immigration determine if you were out of the country more than 365 days in 5 years?

DENNIS - 5-28-2012 at 07:59 PM

Quote:
Originally posted by bacquito
How would Mexican immigration determine if you were out of the country more than 365 days in 5 years?


They know everything.....until you ask them a question.

Hook - 5-28-2012 at 10:21 PM

Quote:
Originally posted by bacquito
Quote:
Originally posted by karenintx
Forgot to say...When the agent was explaining FM-3, FM-2 and Immagrado, he said "with a FM-2 you can not be out of the country more than 365 days in a 5 year period." Wanting to confirm what he had just said I said "so you are saying 365 days in 5 years and there is no annual limit?" He replied "it is 365 days in 5 years."

Since we live here full time the "365" rule will not affect us...guess I should have asked what happens if a person goes over 365 days. Does that mean they can't go to Immagrado, do they have to start over with a FM-3 or do they get to stay with FM-2?

We were told our FM-2's would be ready in 14 business days. I will ask more detailed questions about the "365" rule on that day.


How would Mexican immigration determine if you were out of the country more than 365 days in 5 years?


Because with an FM2 or and FM3, you are supposed to check in and out of the country with INM each time you leave.

Hook - 5-28-2012 at 10:23 PM

Karenintx, did you ask about any restrictions on FM2 holders driving US plated vehicles? I have heard conflicting info on that. Some say it depends on the Mexican state you live in. Others say it's a complete no-no and you have to import your vehicle(s).

karenintx - 5-29-2012 at 08:34 AM

Quote:
Originally posted by Hook
Karenintx, did you ask about any restrictions on FM2 holders driving US plated vehicles? I have heard conflicting info on that. Some say it depends on the Mexican state you live in. Others say it's a complete no-no and you have to import your vehicle(s).


Good question Hook, I will add that question to my list...that seems to be growing! I will make a follow-up post after we get our FM-2's.

Bacquito = Since we fly in & out of SJD it will be very easy for INM to "count" the days we are in the country. The one time we did drive we did stop at the border to process our paperwork.

bajajudy - 5-29-2012 at 08:44 AM

My husband was in downtown San Jose looking for a parking place. He sat for a while thinking that these people were leavin, but they weren't. When he got near the square a cop pulled him over and told him that he was blocking traffic, wanted to see his license and registration. He was in our stateside plated car, so he pulled out his wallet in which his Mexican license was visible and started looking for his California lic. When he tried to hand it to the cop, the cop said, No that one and pointed to the Mex lic.
Go figure

Bajajorge - 5-29-2012 at 08:50 AM

I have an FM3 and have renewed some 5-6 times. Just renewed in March and nothing was said about me having to have an FM2, or having to apply for one. I use a professional FM service in San Felipe.

DENNIS - 5-29-2012 at 08:58 AM

Quote:
Originally posted by bajajudy
My husband was in downtown San Jose looking for a parking place. He sat for a while thinking that these people were leavin, but they weren't. When he got near the square a cop pulled him over and told him that he was blocking traffic, wanted to see his license and registration. He was in our stateside plated car, so he pulled out his wallet in which his Mexican license was visible and started looking for his California lic. When he tried to hand it to the cop, the cop said, No that one and pointed to the Mex lic.
Go figure


Sooo....what happened? Did your hubby get bit?

bajajudy - 5-29-2012 at 11:05 AM

Sooo....what happened? Did your hubby get bit

nope the guy told him....que tenga buen dia and sent him on his way.
so in San Jose, the must match your license with your plates isn't an issue.

DENNIS - 5-29-2012 at 11:48 AM

Quote:
Originally posted by bajajudy
so in San Jose, the must match your license with your plates isn't an issue.


Well....it can be an issue if they want it to be an issue. As you mentioned, the cop saw both licenses, but chose to read the Mex license probably because it was more familiar to him.
Glad there was no mordida involved.

Riom - 5-29-2012 at 04:30 PM

Quote:
Originally posted by karenintx
Forgot to say...When the agent was explaining FM-3, FM-2 and Immagrado, he said "with a FM-2 you can not be out of the country more than 365 days in a 5 year period." Wanting to confirm what he had just said I said "so you are saying 365 days in 5 years and there is no annual limit?" He replied "it is 365 days in 5 years."


Back in 2010 the rules changed, but even before that it was 18 months rather than 12, no idea where your agent got that figure from.

From May 2010, it has been no more than 2 years absence in total in any five years (section F 6.1.4 of the rules at http://dof.gob.mx/nota_detalle.php?codigo=5129775&fecha=... ).

This will all totally change when the 2011 Migration Law comes into effect, quite likely later this year. Initially it looks like it's going to be much simpler, according to the latest draft rules.

Rob

[Edited on 2012-5-29 by Riom]

Hook - 5-29-2012 at 04:41 PM

Rob, I'd love to see a link to the draft rules. Got one?

karenintx - 5-29-2012 at 05:30 PM

Quote:
Originally posted by Riom
Quote:
Originally posted by karenintx
Forgot to say...When the agent was explaining FM-3, FM-2 and Immagrado, he said "with a FM-2 you can not be out of the country more than 365 days in a 5 year period." Wanting to confirm what he had just said I said "so you are saying 365 days in 5 years and there is no annual limit?" He replied "it is 365 days in 5 years."


Back in 2010 the rules changed, but even before that it was 18 months rather than 12, no idea where your agent got that figure from.

From May 2010, it has been no more than 2 years absence in total in any five years (section F 6.1.4 of the rules at http://dof.gob.mx/nota_detalle.php?codigo=5129775&fecha=... ).

This will all totally change when the 2011 Migration Law comes into effect, quite likely later this year. Initially it looks like it's going to be much simpler, according to the latest draft rules.

Rob

[Edited on 2012-5-29 by Riom]


Rob, the agent is an INM agent. We have never hired anyone to do our FM's...we go to the INM office to ask questions from the people that actually process the FM's. I would think the agent we talked with would know the latest rules.

One thing I have learned after dealing with INM (directly) is:

1. Every INM office seems to have their own interpretation of "rules"...which makes it really difficult for foreigners.
2. There may be new rules but they never seems to activate them or they just don't follow them.

I hope you are correct however all I can do is take the gentleman at his word. I was only trying to pass along what I thought was the most current information, after all we did this on May 24th.

I hope this clears up any miscommunication on my part.

Riom - 5-29-2012 at 06:26 PM

Quote:
Originally posted by karenintx

1. Every INM office seems to have their own interpretation of "rules"...which makes it really difficult for foreigners.


Thanks, I didn't realise this was your local INM official's idea of the rules rather than an agent (I don't use an agent either).

You're right that each place interprets the rules differently (which is sometimes helpful if they are more relaxed than the official rules!), or don't keep up to date with changes. But it's still useful to know what the real rules are, as a starting point.
Quote:
Originally posted by Hook
Rob, I'd love to see a link to the draft rules. Got one?


Solomon Freimuth in Quintana Roo has a very short article and link (with more to follow) at:
My Mexican Lawyer Blog

Rob

Hook - 6-7-2012 at 03:12 PM

Well, someone just got back from the INM office in Guaymas. He was applying for his ninth renewal of an FM3.

He was DEFINITELY told by the INM agent that there is now a limit of FOUR renewals of an FM3. In his words, the options now are:

"Option One - leave Mexico (at least as far as KM-21, THE major checkpoint below Nogales, Sonora) and purchase a Tourist Card. Then return to office and apply for new FM-3 which will have 4 annual renewals. Option Two - upgrade to FM-2 and not have to leave Mexico to reapply. FM-3 cost is 1451.00 pesos per year. FM-2 cost is 3139.00 pesos per year with an additional cost of 750.00 pesos which I believe is for the first year.

Clearly they want us to have a FM-2

We were advised there is a two month period after FM-3 expires where there will be no penalties applied if we opt to leave and reapply for FM-3."

So, that's the latest over here.......................

[Edited on 6-7-2012 by Hook]

LaRibereņa - 6-10-2012 at 12:05 PM

I'm sure that there is a super computer somewhere in MX that is keeping track of all the time FM holders spend out of the country and that the information is available to all Immigration offices. Sure it is....

Seems like now is a good time to apply for the FM-2 before they do get that system worked out.

meme - 6-11-2012 at 07:08 AM

Does anyone know if its possible to get a second 180 day FMT in a one year period? Im hearing it is not??Looking for the right answer?

Hook - 6-11-2012 at 10:35 AM

Quote:
Originally posted by meme
Does anyone know if its possible to get a second 180 day FMT in a one year period? Im hearing it is not??Looking for the right answer?


I know MANY people who have done that.

In fact, I just realized that I have done that..............

DENNIS - 6-11-2012 at 10:58 AM

Quote:
Originally posted by Hook
Quote:
Originally posted by meme
Does anyone know if its possible to get a second 180 day FMT in a one year period? Im hearing it is not??Looking for the right answer?


I know MANY people who have done that.

In fact, I just realized that I have done that..............


It might be wise to not mention this while applying. You can never tell the mood of the agent at IMN.

J.P. - 6-11-2012 at 11:34 AM

will know tommorow the facilitator called and said my FM3#7 is ready.

Hook - 6-11-2012 at 12:43 PM

Look on the back of your FM3. See what the number is next to the word Porraga. That indicates the number of RENEWALS you've had.

You might just ask your facilitator if they have heard anything about limiting the number of renewals.

meme - 6-12-2012 at 11:24 AM

The lady that does ours(#9) advised us to stay with the FM-3 not go to FM-2.