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Can I start working while my visa is en tramite?
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MikeySaid



Joined: 10 Nov 2004
Posts: 509
Location: Torreon, Mexico

PostPosted: Thu Jan 15, 2009 5:04 pm    Post subject: Can I start working while my visa is en tramite? Reply with quote

I turned in my FM-3 when I left to try to make some dollars in the US... and never made any.

Now I've submitted everything (including offer letter) for the FM-2 (since the wife is mexican and we think ultimately it will lead towards citizenship and the like)....

Can I work with it being processed?
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notamiss



Joined: 20 Jun 2007
Posts: 908
Location: El 5o pino del la CDMX

PostPosted: Thu Jan 15, 2009 5:26 pm    Post subject: Reply with quote

Can you submit your application for an RFC number with the papers that prove your FM2 is en tr�mite? Try it, and if they accept your RFC application, that should be a good indication that you can work.

This is just an idea and I put it forward with no authority whatsoever.
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MikeySaid



Joined: 10 Nov 2004
Posts: 509
Location: Torreon, Mexico

PostPosted: Thu Jan 15, 2009 5:37 pm    Post subject: Reply with quote

RFC = CURP???
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notamiss



Joined: 20 Jun 2007
Posts: 908
Location: El 5o pino del la CDMX

PostPosted: Thu Jan 15, 2009 5:47 pm    Post subject: Reply with quote

No, RFC = tax id number. You apply for with Hacienda.
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MikeySaid



Joined: 10 Nov 2004
Posts: 509
Location: Torreon, Mexico

PostPosted: Thu Jan 15, 2009 6:21 pm    Post subject: Reply with quote

hmmm, this "RFC" has not yet been mentioned by previous employer. hope thats not bad
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notamiss



Joined: 20 Jun 2007
Posts: 908
Location: El 5o pino del la CDMX

PostPosted: Thu Jan 15, 2009 8:07 pm    Post subject: Reply with quote

OK, what I did when I was starting out was to ask an accountant. S/he might not be up on immigration issues (therefore not a reliable opinion on whether you can work yet) but will certainly be able to tell you whether you need an RFC, and if yes, guide you through the application process.
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Samantha



Joined: 25 Oct 2003
Posts: 2038
Location: Mexican Riviera

PostPosted: Thu Jan 15, 2009 9:54 pm    Post subject: Reply with quote

You are not supposed to work until you have the applicable FM3 firmly in hand. I have read cases where there have been inspections to check on applicants (with results that weren't very nice). It will depend on the area Immigration office as to how vigilant they are.
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ls650



Joined: 10 May 2003
Posts: 3484
Location: British Columbia

PostPosted: Thu Jan 15, 2009 11:07 pm    Post subject: Reply with quote

Samantha wrote exactly what I wanted to: it all depends on the local immigration office. Some are quite happy to let you get to work as soon as you have your en tramite paper, while others are very strict and will fine you or even deport you without you having your FM3. You really need to talk to other teachers in your local area who deal with the same office.
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dixie



Joined: 23 Apr 2006
Posts: 644
Location: D.F

PostPosted: Thu Jan 15, 2009 11:56 pm    Post subject: Reply with quote

When I was in Torreon I worked without papers until I received a letter informing me that I was soon going to be deported!

The school was too cheap to get my FM3 as I replaced a fired teacher half way through the year and was leaving in June. So in May, after I received the letter, they finally did the work and got it for me.

I know many people who have worked with their papers in process (myself included). HR handles it all so how legal it was(n't) I do not know.
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Guy Courchesne



Joined: 10 Mar 2003
Posts: 9650
Location: Mexico City

PostPosted: Fri Jan 16, 2009 12:01 am    Post subject: Reply with quote

Quote:
I know many people who have worked with their papers in process (myself included). HR handles it all so how legal it was(n't) I do not know.


Mexico City has always seemed much less strict than other districts in Mexico, in this regard. Every school I've dealt with in DF, from Wall Street Institute to Tec de Monterrey to the American School has had people working while papers were being processed. That process takes from 2 weeks to 6 months (!).
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geaaronson



Joined: 19 Apr 2005
Posts: 948
Location: Mexico City

PostPosted: Fri Jan 16, 2009 1:05 am    Post subject: merida Reply with quote

I had no problems in Merida. I had applied for the FM3 and began working about a week afterwards. The appplication was approved three weeks after that.
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jillford64



Joined: 15 Feb 2006
Posts: 397
Location: Sin City

PostPosted: Fri Jan 16, 2009 4:50 am    Post subject: Reply with quote

I worked for several months before I submitted my application and I worked while en tramite. After I got my FM3 I was supposed to go to Hacienda for the RFC but never got around to it. No one at the school ever seemed worried about any of this. I was dealing with the office in Morelia.
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Samantha



Joined: 25 Oct 2003
Posts: 2038
Location: Mexican Riviera

PostPosted: Fri Jan 16, 2009 4:03 pm    Post subject: Reply with quote

One thing to remember is that the delegaci�n de migraci�n changes periodically. This can and does cause new focus. For example, the INM in Mazatlan now goes door-knocking to check that the new FM3 holder lives at said address. They didn't do that when I moved here. They now work closely with the Musicians Union to ensure that all foreign musicans have joined the union before issuing them FM3's to work. That's new in the past 2 years and that's 2 sets of eyes watching to make sure the vacationing crooner with the guitar gets legal. And the latest change is that any foreigner owning a condo and renting it out better get a tax accountant and an FM3 endorsement for "lucrative activities". As of last week, they were visiting the condo complexes and door-knocking to determine if the unit was rented and by who.

In this country, you just never know when the focus will change and enforcement will take place on existing laws. Immigration commonly acts when there is a report or complaint, but the law states you are not able to work until you have your FM3 in your hand. If they turn a blind eye, so be it, but it's best to know the facts. You can always ask your INM office about this as ultimately your fate will be in their hands.
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El Gallo



Joined: 05 Feb 2007
Posts: 318

PostPosted: Sat Jan 17, 2009 2:05 pm    Post subject: Reply with quote

Good advice from Samantha above. Every office is different.

I am about to begin my annual ordeal with INM in Chaipas - an average of eight trips, two hours wait each trip. In the end, they are "out of booklets" and expect an expedition fee (bribe).

This time it's for an FM-2. My problem is I can't renew my driver's license I need for my work until I get the FM-2. If they are "out of booklets" this could be as long as 6 months to a year. My only recourse is to go over their heads to the regional office in Tapachula. Last time I did this, the local director threatened my with a high fine for "destruction of Mexican government property" (the cheap little FM-3 booklet fell apart). I told him I wasn't a tourist and had already paid him $450 for a new book.

I really don't understand the difference between an FM-2 and an FM-3.
Can anyone help me out?
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TheLongWayHome



Joined: 07 Jun 2006
Posts: 1016
Location: San Luis Piojosi

PostPosted: Sat Jan 17, 2009 2:40 pm    Post subject: Reply with quote

I think it's a matter of practicality in most places. The teacher arrives a week or so before classes start but the visa process takes at least a month, what's the school going to do? Have the teacher sightsee for a month while he's waiting for his visa?

Quote:
I really don't understand the difference between an FM-2 and an FM-3.
Can anyone help me out?

About a $1000 pesos!

I think it's just a quicker route to inmigrado status (a brown card) after 5 renewals but I believe you can only be out of Mexico for no more than 18 months in that 5 year period.
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