Are you a foreigner in Mexico and planning to get married with a Mexican National

Legal marriage in Mexico is defined by the Civil Code of the State of Nuevo Leon as "the lawful union of one man and one woman, to pursue their mutual aid, be faithful, to perpetuate the human species and create among them a permanent life community", it is a legal act that requires certain conditions, without which the marriage might not be valid.

For legal marriage to take place in México between a Mexican National and a Foreigner, in addition to the normal requirements for marriage, it is legally required to obtain a permit or special authorization to contract marriage, issued by the National Institute of Immigration; without this permit is not legally possible to enter marriage or if it was ilegally celebrated can be declared invalid.

In this respect the Civil Code provides that a cause of annulment of marriage, is that it be celebrated in violation of the provisions of Article 102 of the Civil Code. This article states: "In the case of marriage in which one or both suitors are foreigners, they must comply with to the provisions of federal law."

In this regard the General Law of Population (applicable federal law) establishes that the authorities are obliged to require foreigners who bring before them matters of their competence, in addition to proof of their legal stay in the country, to display the authorization or permission by the immigration authorities, before the celebration of a marriage between a foreigner and a mexican national.

So if you are a foreigner in Mexico and will be presenting yourself before the civil registry official to marry a mexican national, he will require proof of your permit to marry and your current immigration documents to verify your status.

The requirements for obtaining a marriage license are:

1.- Official Application Form, filled out and signed, original and copy;
2.- Copy of your immigration document;
3.- Copy and original of your passport;
4.- Original and 2 copies of the receipt of payment of government fees established by the immigration service, as provided in Federal Law;
5.- Letter signed by both parties, addressed to the National Immgration Institute, declaring under oath that neither of them have a legal impediment for marriage, indicating the number of the civil registry's office, city ​​and the state, and the date on which he will perform the marriage ceremony;
6.- If one of the parties is legally under age (18 years) they must display the original permission granted by the parents, guardians or emancipation document, duly authenticated;
7.- Matching original and copy of official ID of the mexican national and a document proving their Mexican nationality.
8.- If pursuing this process through a legal representative, he must demonstrate that capacity with power of attorney granted by the foreigner, and a copy of a valid official identification containing photograph and signature of the attorney or legal representative, as appropriate.

You should also consider that the immigration authorities have up to 35 calendar days to resolve your request, we have been witness many times to engaged couples, in a rush to obtain their permit because they already have hired the wedding planner, the cake, the band, the ceremony, the priest, the church, the banquet, and guests and family are on their way from within the country and overseas, but the most important thing ...the permit to marry... was left for last, please consider this first.

Another very important aspect to consider is that the permit to marry is issued with a validity of up to thirty days from the date of its issue, but may not exceed the effective period of the foreign party's immigration document stay in the country, that is, if your immigration document is due to expire in seven days and your marriage license states that it can be done within 30 days, you only have seven days to get married, remember your marriage license does not replace your immigration document, you still have only 7 day legal stay days and can not marry after this date, even if you have a marriage license that states otherwise. Be careful, this is very important, this situation has happened to many foreigners who end up having to regularize their immigration status first and in many cases, processing of new paperwork for a permit to marry.

Finally, based on article 111 of the General Law of Population, in the case of a foreigner previously divorced, the immigratión authorities can ask for your divorce decree at any given time, this decree must be translated to the spanish language and duly apostilled where applicable, or legalized by the Mexican Consul in the foreigner's country, this is solely for the purpose of verifying that indeed there is no impediment for marriage, in case a previous marriage was still in force. The couple may also be prompted to appear personally before the immigration authorities for an interview, this is to prove that it is indeed a true and not simulated marriage.

If you require advice on this procedure or others arising out of marriage, call us and we will gladly assist you, we are at your disposal to advise you throughout the process of filing your marriage permit at our offices in Isaac Garza No. 1326 Pte. between Porfirio Díaz and Ignacio L. Vallarta Streets, in the center of the city of Monterrey, Nuevo León, phone 8452-8343, 044811-2031390, email: martinezylozanoabogados@hotmail.com,mi.services@hotmail.com consultation by previous appointment.