You received a residence permit in Mexico on the basis of marriage to a citizen or resident of Mexico. You are currently in the process of getting a divorce, but want to renew your resident card while you are still formally married. You can only do this if your spouse personally confirms the validity of your marriage. Any arguments that you need legal status in Mexico to complete the divorce process will not work for the immigration service.
To renew a temporary resident card or acquire a permanent resident card by marriage, 2 requirements must be met.
1. Provide your marriage certificate
If it is Mexican, you must obtain a recent certified copy from the Mexican Civil Registry (Registro civil offices). If it is foreign but is listed in the Mexican Civil Registry (spouse is a Mexican citizen), you should obtain a recent extract from the registry. You are able to do this until the divorce is entered into the Civil Register. A copy or extract is issued on the day of application.
If the marriage certificate is foreign (the spouse is a resident of Mexico), you have the opportunity to provide the same original certificate that you provided when applying for a residence permit, accompanied by a translation from a Mexican official translator.
That is, the first condition is quite easy to satisfy. Even if you are in the process of divorce, the Civil Registry will issue you a copy of the marriage certificate. But it must be taken into account that now the migration service is sending a request to the Civil Register to confirm the validity of the marriage. The test can last several months, and it is important that during these few months you are still married.
The next condition is more difficult to fulfill.
2. Bring your spouse
The list of documentation required to renew a resident card by marriage includes, among other things:
- spouse's ID card,
- a letter signed by both spouses stating that they are truly married.
Now the migration service requires the personal presence of the spouse so that he confirms the information given in the letter. Some migration service offices ask the spouse to sign the letter only in the presence of a service employee.
Until 2025, it was enough to bring your spouse’s identity card, even a copy, and a signed letter to the migration service. They did not check who signed the letter. Now the standards have become stricter. Capable, in some states the migration service offices still do not require the personal presence of the spouse, but in Cancun and Mexico City the spouse must be present. Both spouses have the opportunity to be interviewed to make sure that the marriage is not fictitious and the spouses live together. Moreover, the migration service has the right to conduct an on-site check (rarely) at the place of residence of the spouses in order to verify the information they provided.
The Migration Service is not interested in the fact that you are getting a divorce. The migration service does not make inquiries to any court registries. Of course, it is better not to mention divorce. If you have the right to bring your spouse to the migration service, and he confirms that you are still married, you will be issued a new resident card.
Only a valid marriage is considered the basis for issuing a new resident card. The divorce process only affects the fact that the spouse has the right to refuse to come to renew your card. Therefore, first get a new resident card, and then get a divorce.
If you fail to confirm your marriage and renew (purchase a new) resident card, your residency status in Mexico will be revoked. However, you may be able to remarry, have a child, or go through a settlement process to prepare a new card. In some cases, your residency status will be considered “zero,” meaning you will lose the years you already had as a resident in Mexico.
Once you receive a permanent resident card that does not have to be renewed (usually after 2 years as a temporary resident with a Mexican citizen), you can be sure that a divorce will not result in the loss of your residency. Of course, you are not able to apply for citizenship after 2 years on the basis of marriage, but you have the right to do this 5 years after receiving a resident card for the first time on a general basis.