DCF in Monterrey Mexico American citizen meets permission to reside? fist tourist visa expired and now she holds citizenship of Mexico as well.

[eliarreola2012 0]

So I am helping some family members file their paper work for a spouse of a citizen and the question is does she meet the permission to reside requirement?

The american citizen entered Mexico in 2009 with a tourist visa which she overstayed, she went back to the states in 2012 for a month then went back to Mexico and entered again in a tourist visa which again expired. Just last month (august 2013) she finally obtained her dual citizenship and now holds mexican citizenship which allows her to be legal in the country.

Can she apply via DCF for her husband? she is now legal in Mexico but all this time she had overstayed her visa this is what it says in the department of state website:

"To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard."

They both have lived in Mexico since 2009 the american citizen with the mexican beneficiary

so according to time they qualify, but does she meet the residency standard if she just adjusted her status to become legal in Mexico?

Any thoughts?

[Ryan H 3,812]

The 6 month clock didn't start until she obtained legal status in Mexico. If that time was August of this year, then the soonest she would be eligible to file at a USCIS field office in Mexico would be February.

**Moderator note: Topic title edited, changed DFC to DCF**

[kayleighanddanny 7]

It depends on the Embassy in my opinion. I lived in the DR on a tourist card that expired for two years. I got legal status here on August 26th of this year and applied not even two weeks later with no problems.

[eliarreola2012 0]

Thank you both for your replies...I also think it highly depends on the embassy and the people you talk to. I have now spoke to different people in MTY and they both told me exactly the same answers in nere one said no problem the other said to wait.