Hooker33
Junior Nomad
Posts: 65
Registered: 6-23-2008
Location: Camano Is. WA
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FM3's again
My wife and I both have FM3's and have a home in Los Cabos. My question is, do we both have to have fm3's or can the wife get by with an FMM while I
renew my FM3? We will be flying into Cabo with valid FM3's in Oct, could the wife fill out the FMM (FMT) form on the plane and present it upon
entering Cabo and then let her FM3 expire, while I will renew my FM3. This is an attempt to save a little money on renewals.
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monoloco
Elite Nomad
Posts: 6667
Registered: 7-13-2009
Location: Pescadero BCS
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You need to terminate her fm3, don't just let it expire or she can be hit with a fine.
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karenintx
Senior Nomad
Posts: 538
Registered: 3-16-2008
Location: CSL
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Mood: Living The Dream
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When does her FM-3 expire? How long are you staying?
If you hold an FM-3 you are not "suppose to" use a FMM...big no no.
As advised you do not let the FM expire but need to go to INM to cancel. Also the day you do that INM will take your FM, give you a letter that you
will use to get out of the country...by the way that letter states:
"You Have 30 Days To Get Out Of The Country."
Know this for sure as this is what happened to my friend when she canceled for FM-3. She also told INM she would still own a condo in Cabo San Lucas
but would no longer be spending more than 180 days a year in Mexico. INM did not seem to care about her owning a condo without a FM-3...go figure.
Good Luck
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mercedes
Banned
Posts: 8
Registered: 7-25-2010
Location: Lake Arrowhead
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| Quote: | Originally posted by karenintx
If you hold an FM-3 you are not "suppose to" use a FMM...big no no. |
Wow. Some very bad advice being handed out here. Holders of FM-3s and FM-2s are required to fill out certain portions of the FMM when entering and
leaving Mexico. I suggest you watch this video from Mexico's Immigration Ministry:
http://www.inm.gob.mx/EN/index.php?page/New_FMM
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gnukid
Ultra Nomad
Posts: 4411
Registered: 7-2-2006
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Mercedes, this request to fill out the upper portion of the FMM doc when flying in for FM-2 FM-3 is for statistical purposes not legal purposes.
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MitchMan
Super Nomad
Posts: 1856
Registered: 3-9-2009
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Not so sure that the FM3 is a legal requirement to owning property in Mexico. The issue is with not holding an FM3 or FM2 and only holding an FMM
while owning real estate in Mexico means that that you are officially only a tourist in Mexico.
As only a "tourist", you may not be able to enjoy the requisite legal standing in order to defend your ownership of your Mexican real estate or use
Mexican law enforcement or Mexican courts to legally defend your title or to exercise/assert normal ownership rights should you need to for whatever
reason.
If I am right on this, then your owning real estate on paper and in fact as only a tourist won't mean anything if you can't defend such ownership nor
enforce your assertions of normal ownership privileges/rights. The definition of "ownerhip" is really a "bundle of rights" such as the right to
sell/transfer ownership, your right to occupy or not occupy, right to exclude/include others from using/occupying your land, right to use the land in
lawful ways, etc., etc., etc. This could leave you very, very vulnerable.
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karenintx
Senior Nomad
Posts: 538
Registered: 3-16-2008
Location: CSL
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Mercedes...Welcome to B/N. First of all the question asked was "filling out a form when flying into Cabo." I can tell you from personal experience
when I was at INM in Cabo this past May I showed "Josie" the FMM I filled out on the inbound plane...the system was so new and there was a lot of
confusion. She smiled and softly said..."Don't let me see that because as a FM holder you are not suppose to fill that out when entering Mexico."
Actually, Josie was the one that used "it is a big no no" statement. Everyone in the Los Cabos area knows Josie and will agree she is the person to
talk to when going to INM.
As far filling out an the FMM...yes it is required to fill out an FMM when "DEPARTING" not when entering...as asked. My FM-3 expires on June 3rd of
each year, so I was in the first group that got the new FM cards. Since getting my FM-3 card I have filled out the FMM form several times when flying
out of SJD.
Yes, I have seen the video...I posted the same link last May. But since you are a "newbie" you would not have seen my posting.
Mitch...I agree with you about the legal requirements. I know this has been a "sore subject" with other nomads in the past so that is why I put that
tidbit of information in my posting.
Hook...we have some friends that own a condo in Cabo. The husband has a FM-3 but the wife never got one. She has told me...about 50% of the time
when they are clearing Immigrations the agent will tell her "you need to get an FM-3." This has been going on for over 10 years...she never stays
over 180 days a year.
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Dave
Elite Nomad
Posts: 6005
Registered: 11-5-2002
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| Quote: | Originally posted by MitchMan
Not so sure that the FM3 is a legal requirement to owning property in Mexico. The issue is with not holding an FM3 or FM2 and only holding an FMM
while owning real estate in Mexico means that that you are officially only a tourist in Mexico.
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An FM3 is a legal requirement to reside in Mexico. There are thousands of foreigners who are absentee owners of Mexican property.
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Hooker33
Junior Nomad
Posts: 65
Registered: 6-23-2008
Location: Camano Is. WA
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Thanks, all of you for the advice. I think that we will renew both FM3's to save any heartburn later.
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Bob and Susan
Elite Nomad
Posts: 8813
Registered: 8-20-2003
Location: Mulege BCS on the BAY
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Mood: Full Time Residents
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why not get an fm2 and "end the pain" in 5 years
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eddy
Banned
Posts: 19
Registered: 1-24-2010
Location: La Paz,B.C.S., mexico
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The new rule regarding immigration status is as follow:
1- One does not need to have an FM-3 or FM-2 if one owns a property,
2- One needs an FM-3 or an FM-2 if one wants to be in the country for more than 180 days.
3- One who does not have an FM-3 or FM-2 has to first go to a Mexican embassy or Consulate and request a VISA, at point of entry one request and fills
in an FMM, in within 30 days of entry one must report to any immigration office with the appropriated documents, found on the internet, filled
requesting an FM-3 or FM-2.
4- One does not need to have an FM-3 or FM-2 to be in Mexico when one´s visit is less than 180 days.
5- One who is under an FMM must exit the country at the end of the time stipulated on the FMM otherwise one will be considered illigal and be fined.
6- One can work with an FMM up to 180 days.
7- One must be present each time an FM-3 or FM.2 is renewed.
8- One who has an old book type FM-3 or FM-2 must renew it and get the new format which is like an ID card.
9- All the process begins by filling in forms which are on the internet, ALL FORMS ARE IN SPANISH.
10. NEED MORE INFO CONTACT:
Lic. JACQUES-EDOUARD BEAULNE
CAN-AM-MEX LAW FIRM
SERVING ALL OF MEXICO.
24/7 COMMUNICATION:
CAN-AM-MEX-LAW-FIRM@HOTMAIL.COM
011 52 1 612 3489793
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