Obtaining Residency Through Same-Sex Marriage in Mexico
Mexico is known for its diversity and inclusivity, which extends to its immigration policies, including the recognition of residency through same-sex marriage. This article will guide you through the process of obtaining residency in Mexico via same-sex marriage, highlighting the differences depending on whether the marriage took place abroad or in Mexico, and the specific requirements for each scenario.
Both Spouses are Foreigners
Applying at a Mexican Consulate Abroad:
Both spouses can apply for residency through the Mexican consulate in their country of residence. The main applicant must provide proof of income for both spouses, with the required amount varying from consulate to consulate. Once approved, both spouses must travel to Mexico to complete the *Canje* process.
Application in Mexico:
If only one spouse has obtained a residency visa or already holds a residency card, the other spouse can apply for residency within Mexico at an INM office. In this case, no additional proof of income is required initially.
One Spouse is Mexican or a Resident
If one spouse is Mexican or already a resident, the other spouse can apply for residency within Mexico. This process is handled at an INM office, and no additional proof of income is required at the initial application stage. The requirements may vary depending on whether a foreign or Mexican birth certificate is used.
If You and Your Spouse Were Married Abroad:
If you and your spouse were married abroad, there are several additional steps to obtain residency:
1. Apostilled or Legalized Marriage Certificate:
You will need to present your marriage certificate with an apostille or legalization, depending on the country where the marriage occurred. An apostille certifies the authenticity of documents in Hague Convention member countries, while legalization is required for non-member countries.
2. Official Translation:
The marriage certificate must be translated into Spanish by an official translator accredited in Mexico. This translation must be certified to ensure its validity.
3. Affidavit:
In some cases, an additional document may be required if one spouse has changed their maiden name to a married name. INM offices often request that this affidavit be obtained from a Consulate.
If You and Your Spouse Were Married in Mexico:
Registration at Local Registro Civil:
In some Mexican states, it is mandatory to register the marriage at the local Registro Civil before filing any application with the Instituto Nacional de Migración (INM). This step ensures that your marriage is legally recognized in Mexico.
Obtaining residency in Mexico through same-sex marriage is entirely possible, though it can be a detailed process, especially if the marriage took place abroad. Be sure to meet all certification and translation requirements before traveling to Mexico.
Our team of former immigration officers can guide you through this procedure. We recommend booking an online advisory session before traveling to Mexico. Together, we can explore your options and plan the steps to successfully obtain your residency.