American just married to spaniard

I am assuming you got married in New York, but I am not sure from the wording of your post. If that is the case, you have to register your marriage with the Spanish government at the Embassy. They will then prepare your Libro de Familia which is more or less like a marriage certificate but in book form. When they give you that, they will also give you a certified copy of the page of the Civil Registry on which your marriage is registered. You will need both of these documents to apply for residency here. Once you have your Libro de Familia, you should have no problem entering Spain as the spouse of a Spaniard. You can explain that the two of you had been living in te States but that now you're coming back to Spain and that you plan to apply for residency. I was in the same situation last year, and I didn't have any problems. (My husband was here in Spain waiting for me, but I entered alone.) Good luck and let me know if you have any more questions. I've been through the process recently.
Best,
Stacy

thanks!

Hi Stacy,
I'm just wondering how long it took for your residency card (as spouse of Spanish citizen) to come through? I got married here in Spain in summer, handed in all my forms 4 months ago, and I'm STILL waiting. Does this seem normal? The woman seemed spectaclularly disinterested in her job that day and I wouldn't be suprised if they've slipped down the back of her desk or something... Or worse, that everything is 'lost' and I have to start from square one! The very thought makes me feel slightly ill!

Thanks -Kate

Hi Kate, well it took me 11 months from the time I filed the paperwork til I actually had the card in my possession. This was, however, due to a mistake at immigration. Basically, they "forgot" to contact me for fingerprinting. They had originally told me that I should be contacted within 4 months, and when it was 9 months and I hadn't heard anything, I went myself to ask if everything was okay. After they apologized for having "forgotten" about my case, they told me that I should receive notification within 15 days, and I did. I went for fingerprinting, and they told me to return in 40 days to pick up my card. It was ready when I got there.
At the moment, you should have the "resguardo" which is your copy of the filed paperwork stamped by immigration. They should have written your NIE on that form, and that is good enough for now for anything you may need it for like work, banking, etc.
In the mean time, make sure that you also sign up for Social Security which is a separate process. I am not completely sure how it all worked because my father-in-law took care of the paperwork for me, but I know that it is separate from the residency card process.
Good luck, I hope everything works out well!
Stacy

Thanks for the quick reply Stacy. 11 months! you poor thing....
They told me 4 months max as well. I think that I'll have to go and ask what's happening. I've got an NIE already because I had student status before, and they told me the number would be the same. I'd just really like to have the card to avoid annoying questions on re entry to Spain if I travel on my NZ passport. Oh well...back into line at the immigration office! :smirk:

Hi stacy, I keep calling the consulate but no one answers. I was wondering if I need to officate my documents somehow like that aposstile thingy or whatever for my birth certificate and the marriage certificate. Did you have to do that or can you just bring the docs as is?

You shouldn't have to get anything stamped with the apostille, however, your birth certificate has to be an official one. It should have some sort of stamp from the town where it was issued. You will probably also need to both declare that you were single and free to marry at the time of your marriage. I just made a document myself saying (I don't remember the exact words)in Spanish and in English:

I, Stacy Middlename Lastname, affirm that I was single and free to marry upon my marriage to Bruno Apellido Apellido on October 1, 2005.

Yo, Stacy Middlename Lastname, afirmo que era soltera y libre para entrar en matrimonio al casarme con Bruno Apellido Apellido el dia 1 de octubre del 2005.

I signed this document before a Notary Public so that it could be considered a legal document.

Your husband will probably be able to declare that he was free to marry right at the consulate. This was the case for my husband.

I don't think that we needed any other documents other than the declaration of "solter?a" (condition of being single), birth certificates, and marriage certificate. When you call the Consulate, you want to be sure that you tell them that you have a question for the person who handles the Registro Civil. That person should be able to tell you exactly what documents and any notarized forms that are needed. Be persistant, and remember that Spanish civil servants don't work very many hours, especially at Christmastime, so that could be why you had a problem getting ahold of anyone.

Anyway, I hope this info is helpful. Good luck with everything!

Best,
Stacy

To anyone following this thread and wondering about the lengths of time, I have finally received a letter requesting me to go to General Pardi?as (I'm in Madrid) to receive the tarjeta de residencia!!
To sum up:
After two days waiting in line finally got appointment at Plaza de Campillo del Mundo Nuevo for the following month (an appointment is totally necessary, and if you can't get through by phone, you'll have to go first thing in the morning to wait in line and get issued one.)
Went to the appointment and handed in all the documents (NB. there's no fee to pay at this appointment), and they'll tell you 4 months maximum to receive the notification letter, but mine arrived the other day after almost 5.
This letter tells you the day and time that you have to go to pick up the card at General Pardi?as. In my case it's at the end of February (hey! when I've waited this long, what's another 2 months??!!). They also include the form that you take to the bank to pay the fee.
So if all goes well I will have my tarjeta de residencia after a LIGHTENING-quick 8 months. I just don't understand why funcionarios get such a bad rap, pobrecitos...
;-)

Hi Everyone, I just married my Spanish partner at the Registro Civil about 30 days ago here in Barcelona. Does anyone know if I can begin the application for residency while I am here in Spain or do I have to be back in the States ?
thanks
Joseph

You don't need to go back to your country, you can apply for your tarjeta de residencia here. You need to fill out the form EX16 which is:
'Solicitud de Certificado de registro como residente comunitario o Tarjeta de residencia de familiar de ciudadano de la Uni?n'. You can download this from the website of the Ministerio del Interior. But be warned - this takes ages! (see my post just above yours).

thanks a heap kelder for helping me out. It is a nightmare navegating the web of the Ministerio del Interior!
Joseph

Hi,

Just to follow up on my experience. I'm an American who overstayed my 90 days because it was difficult to get together my paperwork in order to marry my partner. By the time we got things together I had stayed 6 months, or 3 months over the limit. I consulted with an attorney who said I could still apply despite having overstayed.

Last week, I went to the Delegaci?n del Gobierno, Extranjer?a, secci?n de comunitarios. Waited for about 3 hours, after which, I spoke with a civil servant who went through my documents: my Libro de Familia, my passport, my spouse's DNI... and he gave me an appointment within a week to submit all the necessary paperwork. He gave me a sheet that explained what I needed to submit and he said that it wasn't necessary that I be accompanied by my spouse.

Today, I went to my appointment with all the necessary papework: certificate of empadronamiento for myself and my spouse, photocopy and original of my passport, photocopy and original of my spouse's DNI, photocopy and original of the Libro de Familia, and the EX17 Solicitud para familiar de ciudadano de la uni?n (filled out twice). When asked about my overstaying, the civil servant said not to worry.

She said that in one month I needed to go to the Comisar?a de Polic?a in order to be fingerprinted and given instructions regarding payment of a fee for the card. She gave me a sheet which stated that I needed to take my stamped copy of the EX17, and my passport to the Comisar?a where I would be fingerprinted. She also stated she did NOT need photocopies of every page of my passport. Also, nothing about a Police Certificate. Another American who posted here said something about needing a certificate from the FBI, the local police, and the State police... well, I have not been asked for any of this, thus far.

Cheers
:-)

Hi there,

I was just reading your thread that you posted the 5th march. In which city did you do all of your paperwork?

I was just curious that when you handed all of your papers in did they give you your NIE number? My husband got his and they said he will receive a letter within 3 month to go for fingerprinting. And then 40 days after he will receive his residency card.
If you have your NIE number I know that you can now open a bank account with it, are you able to work legally once you have your NIE number even if you havent been fingerprinted yet?

The lady in the Oficina de extranjeros said yes but im not convinced she knew what she was talking about, and the lawyer said no. So im not sure.

Thanks

Karen

I did all my paperwork in Barcelona. It seems that each region has a different way of doing things. I was not given a NIE number. I was simply told that after the 3rd of April I could present myself at the Comisar?a de Polic?a Nacional in order to be fingerprinted and given information about paying an administrative fee prior to getting the card.

I have no idea whether you can work with just the NIE. It seems odd that an employer would allow you to work without legal proof - in the form of a card or some other document - that actually authorises one to work.

:-)
Keep me posted when you find the answer to your question.

bye
:-)

**************
Hi there,

I was just reading your thread that you posted the 5th march. In which city did you do all of your paperwork?

I was just curious that when you handed all of your papers in did they give you your NIE number? My husband got his and they said he will receive a letter within 3 month to go for fingerprinting. And then 40 days after he will receive his residency card.
If you have your NIE number I know that you can now open a bank account with it, are you able to work legally once you have your NIE number even if you havent been fingerprinted yet?

The lady in the Oficina de extranjeros said yes but im not convinced she knew what she was talking about, and the lawyer said no. So im not sure.

Thanks

Karen

To those who can read Spanish. I submitted a query to the immigration attorneys of the Cruz Roja Espa?ola regarding outcome in the case of a non-EU person who has exceeded his or her 90 days but then marries a Spanish citizen. The attorney stated that your petition for residency cannot be declined if you have married a Spanish national.

Here is the link. It is in Spanish

http://www.migrar.org/asesoria/consultas/foro/?id_consulta=53029&id=29595

Just to follow up:

Today, I went through the second-stage that one must pass through before obtaining the Residency card for family members of E.U. nationals.

One month after my visit to Extranjer?a, I was supposed to present myself at the Comisar?a de la Polic?a Nacional on Bosch & Guadalajara near Metro Diagonal in order to be fingerprinted and obtain the paperwork necessary to pay the administrative fee. After waiting 3 hours, I was quickly processed by one person in less than 3 minutes. I was fingerprinted. Then, I was given a ticket which I needed to bring to pick up my card in another office on Rambla de Guip?zcoa along with proof of payment of the administrative fee.

I was not asked for any more photocopies, nothing... and no questions were asked about having overstayed my original visa.

:-)

thats great!! So do you have to wait 40 days for your card??

Do you know if you can work legally now until your card arrives?

Congratulations!

Hi Karen, I have to wait for the card :-( Essentially, I have to wait another 30 days before i can pick it up at the designated office..

Will let you know if that promise holds up...

so far no glitches, hope it keeps up that way

:-)


> thats great!! So do you have to wait 40 days for your card??

Do you know if you can work legally now until your card arrives?

Congratulations!

Any updates on this? I'm in the same situation, and relieved that it worked out for you...I'm so afraid that it may be a fluke though and I could get deported :(


> Hi Karen, I have to wait for the card :-( Essentially, I have to wait another 30 days before i can pick it up at the designated office..

Will let you know if that promise holds up...

so far no glitches, hope it keeps up that way

:-)

[quote author="karen301081" date="1207596216"]thats great!! So do you have to wait 40 days for your card??

Do you know if you can work legally now until your card arrives?

Congratulations!
[/quote]

Hi there,
My husband picked up the card after 40 days and he went in and was literally 5minutes inside the immigration office to pick up his card. Its valid for him to live and work in the EU for 5 years.
Is your situation the same as ours?

I am sure everything will work out for you.

Was he "illegal" when you guys got married?

I will give you all the information that I have about getting married and obtaining a residency card here in Spain. I am American, and my husband is Spanish (Canary Islands, Gran Canaria). I have just finished up this rather grueling process and hope I can help anyone going through the same thing. First, getting married. Congratulations, prepare for more waiting and red tape than you have ever experienced. What I needed (I had a civil, not religious, marriage):

-Valid Passport, 2 photocopies AND the original for verification (no need for translation, all relevant data in your passport is in English. Spanish, and French)

-Birth Certificate WITH the Apostille (there are several services that do this, look online, but make sure you get it for Spain). This will have two sheets, your birth certificate, and a cover page with issued by your the Secretary of State of your State with a signature and seal affirming that the birth certificate is real, true, and correct. This document must then be translated by an official (licensed) translator to be valid. Do yourself a favor, request two copies. This can be expensive.

-"Padron de Habitantes". Says who you are and your address in Spain. For this you must go to your local Ayuntamiento (town hall). Bring your Passport and a photocopy. If the house is rented, bring the contract. If it is owned, bring a light or water bill. Go with the owner/leaseholder. Pay the fee, fill out the form, and they will give you this paperwork.

-Declaration of Freedom to Marry "bans". This is just a piece of paper that says you are single and free to marry. If you are divorced, you need translated proof. Go to your local American Consul or Embassy and they will create this document for you. It says that posting bans is something the States does not do, and that you are swearing in front of a witness that you are free to marry. It will be in Spanish.

-Residency over the last two year period. Again, this is something the Consul or Embassy will do. It is a sworn statement saying where you resided over the last two years. Again, they will make it is Spanish.

-Your future spouses DNI (copy and original) and birth certificate (copy and origina)l.

The application for marriage is to be made in your local Registro Civil (civil registry). Bring all this paperwork (make copies of EVERYTHING), all Originals (they often check originals and then accept the photocopy after placing a stamp saying "original verified"). Both applicants need to be present.

Tricks and tips: Go to your civil registry TODAY to make the appointment. After spending 3 months preparing paperwork we went to the civil registry to be given an appointment to make the application 4 months into the future. Also, specifically ask what will be needed to apply. My list is complete if your are getting married in Las Palmas de Gran Canaria, and will probably be fine in most places, but Spain's autonomous communities are just that, autonomous. That is to say that LAWS VARY FROM PLACE TO PLACE. Do yourself a favor and ask at the source (civil registry), do not find yourself surprised and waiting months more just because you are missing one little piece of paperwork.

Make appointments with your Consul or Embassy. They normally provide same day service but do not necessarily honor "walk ins".

Order your Apostilled birth certificate ASAP. Look into official translation services (your consul or embassy can normally make a recommendation if you don't know where to start), check prices, make an appointment, and get a firm table table for how long it will take.

Remember that all ID documents should have at least 6 months of life left before expiring, and all paperwork, translations, and sworn statements should be no more than 3 months old.

The Process: After the application is received, you will be called about having an interview. They want to make sure the relationship is real. They will ask basic questions of both partners about family, likes, dislikes, gifts, scars, and work. Then they compare the answers...it should be easy if you are a real couple. It will be in Spanish. After passing this last step, you will be called, told your application is approved, and asked to select a date from what they have available. Select a date, plan a wedding, and be sure to bring your passport (and your Spanish partner their DNI) on the big day. We were given our Libro de Familia (Family Book) right after we said "si, quiero", but I have been told this is unusual, and that it can normally be picked up from the civil registry after a few weeks.

This post is running long, so I will start a new one to talk about the Residency Card.

Now, for the Residency Card. As you are now married to a Spanish Citizen and presumably applying in your home community, you will be asking for a Tarjeta de Residencia de Familiar Comunitario. This is done is your local Extranjeria (foreigners office). Mine took walk-ins during the morning, but again, an appointment is always golden. What you will need:

-Your partner must be with you when you make the application to sign it. Fill out the application together, and sign. Make sure your Spanish partner has their DNI and a photocopy. They will check the original and take the photocopy.

-Bring your passport as well, but make a photocopy of EVERY page. Yes, EVERY page. I have no idea why, but that is what they want and need. They will check the original and take the photocopies.

-Your Libro de Familia and a photocopy of the first four pages (that have the number and marriage information). Again, the original is checked and photocopies taken. If you have yet to receive your Libro de Familia you cannot make the application. It can be picked up in your local Registro Civil (civil registry) shortly after the wedding (I was given mine right after the wedding, but I have heard this is rare).

-Certificado de Matrimonio LITERAL (literal marriage certificate). Yes, your Libro de Familia is technically your marriage certificate, but they also want the nuts and bolts copy. This can be picked up in the Registro Civil as well.

-Certificado de Convivencia con informe policial (A certificate that says you live with your spouse and verified by the local police). This, for me, was the killer. I did not know I needed it, and the police wanted 45 days to do it. You have to go to your local Ayuntamiento (town hall), ask for the certificate (very similar to the padron de habitantes) and ask who to talk to about the police confirmation. Most likely you will be directed to a police station office within the town hall. Tell the officer what you need and they will give you a piece of paper that says when you can pick up their verification. In the meantime they will come to your house at a random time to make sure you actually live there and talk to your neighbors to confirm you live with your spouse. Pick up the verification, and attach it to the certificate to fulfill this requirement.

That is all you need for the application. Again, MAKE PHOTOCOPIES of everything. When I submitted the application, I was missing a couple of things, and was able to amend my application. I was given a waiting period of 90 days to process my application (late entries and all), and told that I would be mailed my approval. The approval did not come in 90 days, so I went to the Extranjeria and they had it there waiting...they had simply neglected to mail it, it was ready in 70 days.

Now, the approval is NOT the residency card. With the approval you have to go to a police station, normally a specific one within the building, and jump through some more hoops. I was very lucky, after picking up my approved application the scheduling master tried to give me an appointment with the police station 2 months into the future. Deciding this was crap I just went to the indicated police station within the building and stood in a line and they processed my application. The first part of application processing is just verifying your person (have your passport) and address in Spain. They will then give you a "Tasa" which is a piece of paper that you must take to a bank and have verified by means of paying ten Euros (paying for the card). With the verified (paid) Tasa and 2 passport sized photos you return to the indicated police station, get fingerprinted, and are issued your temporary (a piece of paper with your name and NIE) residency card. Within 30-45 days they will call you to pick up the permanent card. Congrats!!! It's over.

Misc. Advice:

I was very lucky with the police station stuff. Ask the people at the foreigners office about getting an appointment with the necessary police office.

If you already live with your partner before the marriage try to get your police informed certificate ASAP. 45 days is a long time to wait, and they have the right to archive your application for a residency card after 10 days if the application is not complete.

If they take even a day longer than the quoted time go to the office. There is something wrong, and showing up in person will likely be the only way to figure out what (or you could have a nice surprise like me and be given your approval).

You can amend (add) things that you are missing to your application without your partner, you only need your partner present during the initial application process

Spain's communities are autonomous, so laws vary from place to place. Ask questions early and at the source to avoid nasty surprises and long waits. My information and experience was in Las Palmas de Gran Canaria.

Always make appointments when possible and photocopies of EVERYTHING. Always have your passport with you.

YOU WILL NOT GET DEPORTED!!!! ONCE MARRIED TO A SPANISH CITIZEN THEY WILL LEAVE YOU ALONE AND HAVE NO RIGHT TO DEPORT YOU, DENY YOUR APPLICATION, OR HARASS YOU IN ANY WAY FOR OVERSTAYING YOUR ORIGINAL VISA.

Good luck, it can be frustrating, but well worth it. I hope that I have helped some confused people headaches and stress involved with dealing with Spanish Bureaucracy.

Hi , I'm British engaged to a Spaniard. We live in Madrid. Went to the consulate yesterday and were told to go to the following site www.gov.uk. Looked there even before yesterday and still confused and I feel desperate. We know what documents we need but we are struggling trying to get a certificate of no impediment (certificado de no impedimento), I've been reading stuff on the Internet for the past 2 months but things are no clearer. We are debating whether to marry or enter civil union, pareja de hecho (recognised in Spain for heterosexual couples , what we are, but not in UK). We have an appointment on 12 September 2013 at the civil registry near where we live in Madrid capital.
Better to marry in UK? How can we get the CNI? I have to renew my healthcard in Spain and think marriage or civil union is a way.
Please help . More information (clear) would be great . We'd love to marry in Madrid. The other option we thought of is civil union (pareja de hecho) which is for both heterosexual and homosexual couples in Spain but for homosexuals only in UK and we're heterosexual. Pareja de hecho is only valid in Madrid region, not outside Madrid and not in the UK. Healthcard renewal is urgent for me I'm disabled (was assessed regards disability in Madrid) and my disabilities require seeing a specialist. Are there any Brits here, and how did they get past all the paperwork and manage to marry? Or get recognised as pareja de hecho? We are trying to get my healthcard ASAP. I'm legal here, and have Residencia (green certificate from police)
Please reply soon, need this sorted