Hello, I am a US citizen and I am going to Spain on a 90 day tourist visa to marry my Spanish fiance who is a citizen of Spain.  I have gotten various answers from different Spanish Consulates here in the US about how I need to proceed with getting legal residency into Spain after we are married and we have proof of the certificate.  Can you help clarify what the process is?

1. After being married do I need to go down to the Police department and present them the “libro de familia” and apply for residency?  Is this step accurate? Do I qualify for residency automatically being that I am married to a citizen of Spain?
2. Will I have to leave the country and return to the US while the application is being reviewed or processed or can I stay in Spain legally while this is being worked out?
3. One Spanish Consulate stated that I needed to return to the US after getting married and then apply for a permit here in the US to be able to go back into Spain, EVEN THOUGH I WOULD BE LEGALLY MARRIED TO A SPANISH CITIZEN.  Is this accurate info?  I contacted 4 other consulates and they all stated that step 1 would be suffice.  This is where I am getting hung up.  I don’t want to go to Spain and have the wrong information or have to go through a bunch of hoops for no reason.

Your words of advice and expertise in this matter would be greatly appreciated!

regards,
Travis

Much depends on your area and procedures vary from office to office, although within a province they shouldn?t.  Is your husband to be in Spain?  If so, he should go to visit your nearest foreigner’s office that deal with non EU applications (be aware that not all offices process non-EU applications) and find out the exact procedure from someone fairly senior, otherwise you may find the answer has changed the next time you go. 

You are supposed to have the right to residency in Spain if you marry a Spanish guy and you are supposed to be given a decision with in 90 days, you should be able to remain in Spain during this time but you will need to check.  I have dealt with many foreigners offices over the years and have to say that such a lot depends on who you see at the time, even though it shouldn’t.

Good luck