Help with process for Canadian to marry Mexican in Mexico City (same sex)

[hestgot]

Hi everyone,

My partner and I are trying to get married in Mexico City and we're kind of confused by the process and logistics. I am a Canadian citizen and he is a Mexican citizen. We would be incredibly grateful for any advice from someone who has been through this...

My understanding is we need a license to marry from the Immigration Board, but to get this we first need the date and Registro Civil location where the marriage takes place. My partner was told it takes 20-30 days to get the license and it must be used within 30 days.

So basically I would need to go to Mexico City with him to apply for the marriage and book a date for about 30 days later, then swing by the Immigration Board to apply for the license.

I would then have to come back about a month later for the marriage. So that's two trips, right?

Just trying to understand when to book vacation time so this can actually be done...

Also, my partner isn't a citizen of Mexico City. Can he use a friend's address or does he have to move there and have the address on his ID?

Thank you,

 

[tsjunx]

hi hestgot,

I'm also in a same sex relationship, as far as I understand and from the research I did, same sex marriage is only recognized if it happens in Canada, but don't quote me on this. I believe it is in one of the operational manuals, I'll look it up and confirm.

Hopefully one of the senior members will give their insight.

Edit: found the information in the manual:

Foreign common-law registrations and same-sex marriages

Some countries allow civil registrations of common-law same-sex and/or common-law opposite-sex partners. Marriages between people of the same sex are legal in some jurisdictions; however, such marriages are recognized for purposes of that particular jurisdiction only. These partners are not recognized as spouses in Canadian law. They may, however, be recognized as common-law partners and be processed as members of the family class, provided they meet the definition of common-law partner. See: Recognition of a common-law partnership, Section 5.34. If they have not been able to cohabit for one year, the foreign national partner may apply as a conjugal partner provided they have maintained a conjugal relationship for at least one year. See Section 5.45 below.

5.40
"Same-sex marriages performed outside Canada are not recognized for immigration purposes. However, a Canadian citizen or a permanent resident who married their same-sex partner outside Canada may qualify to sponsor their partner as a common-law or a conjugal partner.
​

So you can apply as common law partners if you have been living together for 12 months or more.

 

[hestgot]

Thanks for the quick reply, tsjunx.

What manual is this?

"If you were married outside Canada, you may apply to sponsor your same-sex partner as a spouse as long as the marriage is legally recognized according to both the law of the place where the marriage occurred and under Canadian law. This applies to same-sex marriages performed in the following jurisdictions:

Belgium
the Netherlands
Norway
South Africa
Spain
Sweden
the State of California (June 16, 2008 – November 5, 2008)
the State of Massachusetts
the State of New Hampshire
the State of Connecticut
the State of Iowa
the State of Vermont (effective September 1, 2009)"
- From Citizenship and Immigration Canada web site

Interesting.. I don't see Mexico City here. They claim this is only a guide and not an absolutely complete list though..

 

[Isometry]

The guide that tsjunx quoted is older. Now you can sponsor a same-sex partner as as spouse as long as the marriage is legal where it happened and also legal in Canada. The list there is also a bit out of date and not complete, so as long as same-sex marriage is legal in Mexico City, you should be fine.

 

[hestgot]

Thanks, Isometry!

Anyone else have thoughts on the process and timing?

 

[OhCanadiana]

Congratulations, hestgot!

Looks like there's a few more steps you'll need to take - there are detailed instructions on the Embassy of Mexico in Canada's website at http://embamex.sre.gob.mx/canada_eng/index.php?option=com_content&view=article&id=72&Itemid=41 . Consider calling them to ask about the details (the folks in Ottawa and Leamington tend to be particularly helpful).

For the specific step on permission from INM see http://www.inm.gob.mx/static/tramites/Estancia/Permisos_y_Certificaciones/AutorizacionparacontraerMatrimonio.pdf for the documents required, fees, etc.

Hopefully this helps while folks with first hand experience chime in

Marriage requirements in Mexico Imprimir

Canadian citizens or Permanent residents in Canada wishing to get married in Mexico must present the following documents before the officer of Registro Civil (equivalent to the Office of the Registrar General) of the city or town where the marriage is going to take place:

a) A filled application form (provided at the local Registro Civil). This includes an agreement prepared by the couple indicating whether their marriage will be signed under the system of separate or common ownership of their goods and properties.

b) A certified copy of their birth certificates (long version), previously legalized by the Mexican Consular Office having jurisdiction over the region where the birth certificates was issued.

c) In the case one of the parties has been married before, the couple must present a certified copy of the divorce decree, legalized by the Mexican Consular Office having jurisdiction over the region where the divorce decree was issued; or, a certified copy of the Death Certificate, legalized by the Mexican Consular Office with jurisdiction over the place where the spouse died.

d) A physician's certificate stating that according to the blood tests and X- Rays taken in Mexico, neither applicant suffers from any contagious disease.

e) Two legally qualified witnesses (over 18 years old), who must be present at the ceremony, swearing that the applicants do not have any legal impediment to marry.

f) Payment of a fee.

These are general requirements and could be different depending of the federal state where the marriage will take place. Resorts and hotels could be able to provide information about the local requirements.

Important information

A civil marriage in Mexico is fully valid for legal purposes in any other country unless the parties were deliberately evading restrictions imposed by their own National Laws.
A certified copy of the Original Marriage Certificate may be obtained from the Registro Civil, once the marriage has been performed. This document can be legalized by the Canadian Embassy or Canadian Consulates in Mexico, so it can be recognized thereafter as a valid document by any Canadian authority.
People under 18 years old cannot marry without the consent of their parents or legal guardians.
In some states divorced people cannot marry in Mexico until one year after the divorce order has been issued by the judge, unless otherwise indicated in the divorce decree.

If a foreigner intends to marry a Mexican citizen, the foreign citizen must obtain authorization from the Instituto Nacional de Migración (National Institute of Immigration). To obtain this authorization, the foreign citizen must be in Mexico and present his/her valid passport and valid Migratory Form. He/she must provide the date, place and number of the office where the marriage will take place. The Mexican party must provide proof of his/her nationality. Complete requirements for this permit must be consulted at any office of the Instituto Nacional de Migración.

 

[honey08]

hi im canadian pr and i want to sponsor my same sex partner in the philippines but she's not approve for tourist visa here in canada.. we are not able to marry each other coz in the philippines are not recognize
same sex marriage.. then i very confused about the op 2 sponsohip family member that the spousal outside canada are not recognize to immigration purposes.. i hope that this is not true coz were planing to marry soon at the spain if we approve for our visit visa in spain.. this is my plan for my gf so what you think giys that this idea is good for me & my gf? is that possible for us to approve?

thanks in advance if someone answer my question