Hi, Looking for some advice.

Am a UK citizen living in Spain for the last year. Have been with my American girlfriend for most of that time, she having got here round the same time. We would like to marry, make her legal here and without risk of deportation if she travels and eventually move to the UK. We’re quite worried that her overstaying the shengen 3 months will effect our ability to marry and remain together in Europe. She has worked for the same company most of this time without papers, but she has been continuously assured (led along) that they WOULD and now MIGHT be able to do it. One lawyer I spoke to said overstaying wasn’t a problem, we would just be able to get married and get papers within about 3 months after that. But with all I’ve read, I don’t feel assured she won’t be deported when we talk to the registro civil to book the wedding.  We were unable to get empadronamiento before but I got it for us both yesterday. I understand we need to tell the registry where we’ve been living these last 2 years. with proof… I have letters and so on for my stay but she doesn’t. There’s no stamps on her passport, but I think they swiped it when she first arrived in the EU in France. On a positive note, I have my N.I.E./residency. Had it since Feb or March. I know we might not have done the right thing with her staying here before, but back then, there had been a possibility, we thought, of a work visa, so can anyone advise us about what we should do now?
Many thanks.

hit the Embassy of the U.S.  http://www.embusa.es and have a chat , thay sould tell what to do , overstayying is and can end up in fines and 10 year travel ban for outher palce around the world . like over staying you 90 days in the usa , You likely have a 10 year bar due to your overstay

I understand your concern for your girlfriend, but the registro civil won’t deport her and they shouldn’t ask her about her immigration status. Traveling though is completely different.

In any case, ask the registro civil what they will accept as proof of her residence in Spain prior to getting empadronada. For example, they might say she should produce a letter from the Presidente de la Comunidad where she lives saying that she lived there from date X to date X, or whatever. 

But once you get married, this is what she needs to do: http://www.spainexpat.com/spain/information/eu_residency_in_spain_for_eu_citizens_and_their_family_members/.

Good luck.

thanks. good advice!

Hi.

couple of questions, following previous enquiry. Should we go to the registry office first (to ask what they’ll accept) or to the embassy. A lawyer even suggested getting proof that she was living in the us till recently, as there’s no stamps on the passport, but we’re worried about lying that much!! We’ve only just moved, so have empadronomiento for this place (covering about 2 weeks now). So you think we could ask the president of the building at the last house if he can write a letter saying she lived there for x amount of time? we didn’t know him very well, but he should recognise her.
and if we go to the embassy, will she get in trouble with them at all? In fact, could she tell the embassy where she’s been living this year in spain (and the previous year in the US), have it signed by them and would that count please?
and last question, have been speaking to immigration lawyers, but find their advice confusing and sometimes contradictory.. offering assurances and them saying its a luck thing. would you recommend different lawyers?
Any advice would be much appreciated. Please ask me if anything doesn’t make much sense?

Many thanks!