Mexican citizenship on hold.

Well Im not to happy to write this post nor am I excited about the reasons behind it. This is only a temorary hold but not one I was expecting or wanting. But as the saying goes, "ni modo." God knows best and it looks like we have to wait until after november. I recently had a question by one of my readers about if I have a lawyer an if they should get one. We have never used a lawyer for the immigration process and dont plan to for the citizenship. You do not need one but if you have the money and are willing to spend it you will have a much smother process than I have. This is only one example.

The requisit that we over looked is that you have to have at least 6months left on your current visa. My FM2 is up in December giving me only four months. The guy who was there to accept my application was so nice and worked with us very much. This is one reason we will not get a lawyer. This guy is not going to let us screw up if its not our intention. I say it that way because he basically counceled us on the best way to do things and said that if we chose to go ahead and file now he would have accepted out application. More or less he said if we had applied in July we would have had a better chance of D.F. overlooking the 6month rule. He also said that we could still apply and hope for them to over look it. He suggested for us to wait because if they did not over look it we may have to wait quite some time to get our money and paperwork back. This would cause a problem with my renewal on my FM2 in December. He said that our paperwork was complete but gave us some suggestions on how to polish it up a bit for a better chance at me getting it. He also gave us a better idea of what the interview would be and told me I needed to practice my spanish some more. (I was so nervous and was having a lot of difficulty speaking.) I think just being in the office one extra time before the actuall interview will help me.
I know in the long run having to wait is going to be better for the over all outcome but it came as a blow. I cried most of the way back to work.

Here is our current situation.

• We have to go to Tepa to get a different official copy of our marriage lic.,
•  I will renew my FM2 in November (one month before its up) and have to pay that stinking thing one more time,
•  my husband will then go to D.F. again for my carta (because by then the one we have will not be valid we are hoping me and the girls can go next time so we can visit with family),
•  He suggested that I get another cirtified copy of my birth cirtificate because the one I hade was not blue but we are not going to do that, 
• copy all pages of my passport (we only had the info page), 
• get a migratory flow letter from Immigration (we will ask for this when I renew,apparently it only takes like a day to get it),
•  Try to find a copy of my FM2 booklet( they recently went to a card form which for some reason does not have a certain number that he said could be helpfull to them, basically immigration doesnt use this number but external affairs does)
• Make three copies of all forms.
• He also suggested I read a book called Mexico tiera volcanos along with the book that is on the webpage. (http://www.colmex.mx/pdf/historiaminima.pdf)
• Again I want to give you the list that is provided by the office, or actually the web page(http://www.sre.gob.mx/index.php/carta-de-naturalizacion-por-haber-contraido-matrimonio-con-varon-o-mujer-mexicanos)

He was also kind enough to give us all his contact information in case we had questions later. This guy was extreamly helpful, and again this is why we will not be getting a lawyer. 

Certificate from D.F. for naturalization

Number 11 on the list of documents needed for naturalization by means of having a spouse who is a national is: Entregar constancia o certificado de no antecedentes penales expedido por autoridad competente a nivel federal y local depeniendo del lugar de su residencia, en original y fotocopia.

This is a letter stating you have no criminal occurrences from the federal and state. Here is a huge thing to think about first. These letters are only good for two weeks. Let this be the last thing you get together. My husband went and got my fed one a week ago Friday, so we only have one week left to turn things in. Im hoping for Monday. If your spouse is going to get your letter here is what you need.

Your birth cirt, appostilled and translated, Your marriage lic appostiled and translated (unless you got your lic transfered to Mexico,, this is really easy to do and I talk about it in a previous post), His ID, Your FM2 and your passport, and a letter of permission (ee this link http://portal.sre.gob.mx/conreinounido/pdf/Formato_carta_poder.pdf).  And make two coppies of everything (Always do this). You show up at Subsecretaria del Sstem Penitenciario Federal in D.F. The line is almost always very long, but according to my husband they are very organized. They take and finish with about 30 people every 15-20min so the line goes really fast. They also have someone who comes down the line checking that you have all the documents you need.

The local one you have to show up personally with a copy of your FM2, passport, and they apparently take a picture of you. Im going to do this Monday morning.

I hope this helped! Please ask if you have any questions.

Obtaining Naturalization and the risks

I hope to get this post completely finished and published this morning. Mainly because there is a commenter who likes to stir up fear and distress in people who already have enough to deal with.  And my whole intention of this blog is to help alleviate some of that stress in others lives.  This person likes to appear that they know what they are talking about and loves to leave hatefulness with each comment. I'm only explaining this because I have many new readers since the last time this person took the time out of their apparently pointless life to read and comment on my blog. A lot of times I block the comments to the benefit of my readers but this one had some stuff that I actually wanted to speak to. This comment indicated certain articles proved that I am "stupid" to choose duel nationality. In reality it has a whole section that I am going to copy and paste below to insure you that you will not loose your nationality if you choose duel citizenship. Please feel free to read the whole article. The person who sent this article my way apparently read the first few paragraphs and assumed it would cause fear in an uneducated person. But what actually happened is that I had already read this section of law and I know my rights as an American and what they will be as a dual citizen. The important thing to remember any time you are investigating a law is to read the law and or articles about the law to the end and be sure you understand all of what it is saying. Im not going to post the whole thing here but only the part that helps everyone to realize that you can have dual citizenship and that I will never renounce my American citizenship. Again I want to remind that I am obtaining mine through being married to and having children who are nationals.
If you want to read the whole law or article just copy and paste the title and google it.

obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);

In September, 1990, the Department of State ("DOS") issued a policy statement which dealth with loss of nationality. The policy statement indicated that DOS would presume a person intended to retain U.S. citizenship where:

1. the person was naturalized in a foreign country
2. took a routine oath of allegiance, or
3. accepted non-policy level employment with a foreign government.

Such a person need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. citizenship since such an intent will be presumed. It is important to note that the two expatriating acts which arise in the context dual nationality are given the benefit of this presumption.
According to the policy statement, the presumption that a person intends to retain U.S. citizenship is not applicable when the individual:

1. formally renounces U.S. citizenship before a consular officer;
2. takes a policy level position in a foreign state;
3. is convicted of treason; or
4. performs an act made potentially expatriating by statute accompanied by conduct which is so inconsistent with retention of U.S. citizenship that it compels a conclusion that the individual intended to relinquish U.S. citizenship.

Cases in categories 2, 3, and 4 will be developed carefully by U.S. consular officers to ascertain the individual's intent toward U.S. citizenship.
In order to ensure retention of U.S. citizenship, U.S. citizens may wish to assert their citizenship status by actions confirming a continuing intent to retain U.S. citizenship. These could involve a contemporaneous written statement confirming the citizen's desire to retain U.S. citizenship, submitted to a U.S. consulate or the DOS. The U.S. citizen should also continue paying U.S. income taxes, obtaining U.S. passports, and maintaining retaining property and other ties to the United States after the expatriating act takes place to evidence an intention not to relinquish citizenship. However, as stated in the DOS policy statement, such action is not necessary where the presumption applies.


Let me tell you I dont plan to be any of the numbered cases above. 


As to the other section that was posted
I only have to show you the first paragraph and Im not putting the italics in it they were already there.

Section 349 of the Immigration and Nationality Act (8 U.S.C. 148), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship.

If you googled the first article this law is shown as the second listing.

I will not ever renounce my citizenship nor will I take any oaths with tthe intention to relinquish my U.S. citizenship.

I hope this helped some of you who had questions. I know this not only spoke to the anon comment that was not signed but also to the otheres.

Jennifer I will post later today about how we got paper from D.F.