Do I need a visa if I marry a Spaniard?

[jane26]

Actually I have a few questions.
If I marry a Spaniard in June, purchase a 1 way ticket, do I need a visa and if i do, where do I apply for it?
How can I get married again in Spain, preferably Cuenca?

• Tweet

[silo]

When you get there, apply for dual citizenship. Talk to the US embassy in Madrid, or you can do what I did and hire a lawyer there who specializes in immigration. You will need a visa, but depending on your situation and plans, you will have to decide what you want to do which is why I recommend the lawyer.

[font size=-1][ Edited by Shiloh On Date 18/05/2002 ][/font]

• Tweet

[Lessi]

Hello Jane,

I don\\\'t know much about Spanish visas, but... marriage in Spain is more complicated than in the US. It may take from 30 to 45 days for Spanish authorities to approve a marriage application.
You may be asked to present your birth certificate. In addition, a translation authenticated by a Spanish consulate in the U.S must be provided.
Then, you both will need to provide a \\\"proof of freedom to marry\\\". For Spaniards, the Civil Registry has a document for this purpose. For Americans,  - a sworn statement that you are are single and free to marry, signed before an American Consul, can be used.
Also, when an American is not a permanent resident in Spain, he/she may have to sign an affidavit before an American Consul stating his/her place of residence for the last six years.

But when (if) you two will be ready to move to the USA, there will be even more formalities. At that point, I would recommend you to get a book called \\\"Fiance and marriage visas\\\".  It can help you get a US visa, a green card (and permanent resident status) for your Spanish spouse - without dealing with lawyers, etc.
Take a look at this book here:
[!-- BBCode auto-link start --][a href=\"http://foreignerinamerica.com/fiance_abroadx.html\" target=\"_blank\"]http://foreignerinamerica.com/fiance_abroadx.html[/a][!-- BBCode auto-link end --]

Good luck!!

• Tweet

[Tracy]

Actually, if you get married in the states and then plan to move to Spain, to live, you might have to get a VISA before leaving- one that states that you are legally married to a SPaniard and need to apply for a resident and work visa. The *proof* of marriage etc.  that Lessi mentioned will have to be turned over to the Spanish consulate here in the states, before you leave. Once you arrive you apply for Permanent RESIDENCY NOT citizenship (at least i wouldn\\\'t). As a resident, married to a Spaniard you have all the priviledges as anyone else, (aside from voting etc.) But PLEASE, whatever you do, contact the [!-- BBCode u2 Start --][A HREF=\"http://www.spainconsul-ny.org/\" TARGET=\"_blank\"]SPANISH CONSULATE[/A][!-- BBCode u2 End --] in the USA before hopping over there.

On the flip side:

My husband is Spanish and we married in the states and then moved to Spain. I never applied for a visa, went over as a tourist and started working, sans problem. I never applied for residency, but should have. It would have been a long process, but it would have validated my stay there. The laws may have changed, but when I was there, I was able to work legally just by showing my \\\"Libro de Familia\\\" and my marriage certificate/translated, AND, of course, my working papers from INEM.

[font size=-1][ Edited by Tracy On Date 25/06/2002 ][/font]

• Tweet

[jer]

Ok, this is scary and I am not sure of how true it is but I have heard that with the new immigration laws here in Spain, if you come here and marry a Spaniard you have to wait 3 years to legally work  [IMG SRC=\"modules/phpBB_14/images/smiles/icon_redface.gif\"]



Can anyone confirm or deny?



Saludos,

jer...[addsig]

• Tweet

[Tracy]

I highly doubt that is true. Especially considering that you\'d be improving the economy by working. I\'ll find out tho.



[addsig]

• Tweet

[jer]

Yeah, it sounded pretty crazy to me too  [IMG SRC=\"modules/phpBB_14/images/smiles/icon_psychotic.gif\"]



I would love ot know if it is true.



If it is true, it is a law created to avoid "Convenient Marriages" of foreigners coming and marrying Spaniards for the papers and work permits.



Let us know what you find out.



Saludos,

jer...[addsig]

• Tweet

[Tracy]

Will do Jer...but the first part of my message never showed up...Hmmm....I said something to the effect of "you might be right, but..."



Didn\'t mean to sound so rude!



I\'m still checking it out [IMG SRC=\"modules/phpBB_14/images/smiles/icon_wink.gif\"]



[addsig]

• Tweet

[jer]

No rudeness taken [IMG SRC=\"modules/phpBB_14/images/smiles/icon_biggrin.gif\"]



Saludos,

jer...  [addsig]

• Tweet

[rmes]

I just moved here from the US since I am married to a Spaniard. Definitely get married in the US and get in touch with your Spanish consualte to ge registered in the Registro Civil and once that is done you get your Libro de Familia. Then, once you are here in Spain go to the town you will be living in and get your empadramiento and take that to the local Spainish govt seat and apply for your NIE. You will be given a stamped reciept of your application and with that you can get put on your husband´s health insuranc eand get a social security number. You will get your NIE in 15 days (usually ) and wai another 9 months to get your actual card. You can work with the Social Security card. Now that I thinkabout it, you might need the NIE number to get the SS number, but here in Basque Land, they didn´t seem overly concerned and gave me a social with no NIE. Anyway, it is a matter ot 15 days, no big deal. I only got here 3 weeks ago and it was reasonably painless. Just make sure you have all supporting documentation- it is a pain.

Good luck.

PS I am getting marreid in the church here, and it is not a big hassle.[addsig]

• Tweet

[Tracy]

Thanks RMES,



GREAT info!!![addsig]

• Tweet

[Tracy]

FINALLY able to deny your claim Jeremy  [IMG SRC=\"modules/phpBB_14/images/smiles/icon_biggrin.gif\"]



I spoke with my lawyer friend in Madrid about your claim:



[!-- BBCode Quote Start --][TABLE BORDER=0 ALIGN=CENTER WIDTH=85%][TR][TD][font class=\"pn-sub\"]Quote:[/font][/TD][/TR][TR][TD][FONT class=\"pn-sub\"][BLOCKQUOTE]Ok, this is scary and I am not sure of how true it is but I have heard that with the new immigration laws here in Spain, if you come here and marry a Spaniard you have to wait 3 years to legally work  [IMG SRC=\"modules/phpBB_14/images/smiles/icon_redface.gif\"]



Can anyone confirm or deny?



Saludos,

jer...[/BLOCKQUOTE][/FONT][/TD][/TR][TR][TD][/TD][/TR][/TABLE][!-- BBCode Quote End --]



She said it\'s absolutely FALSE. Here was her reply:



"After you marry an Spanish citizen you can apply for your residency and work permit. You have the right to live and work with your husband or wife. You can apply the same day of the weeding if you want.

 

With your copy of the application form you can have social security (if your husband or wife does) and all the benefits of being legal (including work). "



NO worries!



 [IMG SRC=\"modules/phpBB_14/images/smiles/icon_wink.gif\"] [addsig]

• Tweet

[OhMyStaz]

VERY quick question -

is an empadramiento a marriage certificate?

• Tweet

[silo]

is an empadramiento a marriage certificate?

No.

Everyone that lives in Spain should sign up with the ayuntamiento that they reside in. It´s like signing up at the embassy so that they know you are here and where they can contact you, etc.

Being in these records gives people the ability to access social security programs like healthcare, education, work, housing, etc.






 

• Tweet

[tonytorero]

.... Shiloh's correct and I might add this caveat: Though this will probably go against most anglo-paradigms, it is quite common for those who do not have visas/papers to 'empadronarse' (Complete the empadramiento process) at a municipal town hall.

The most common reason for doing this would be to help present valid documentation in the event you were to need to seek medical attention via the national Seguridad Social (Social Security) system. Someone else may have more to add to that but I thought it worth mentioning within the scope of this discussion.

 :nybaby:

• Tweet

[killmon]

Ok, Lets see if I can write this in a short version. Forgive me if spaces don't show up in my typing, my space bar is on strike.

     I just got married in November. We got married in Florida. In Spain you have to post your announcement for 21 days before you get married and there is a LONG wait to have a civil Marriage performed....even in cities of only 300,000 (min 3months). I am not sure where you have to post your intentions (I think the church or town center). We did not want to wait, so we choose the U.S.

Religious weddings are much more time consuming because you have to get letters from your churches and stuff.

YOU DO NOT NEED A VISA!!!!! In May of last year the law was changed!

YOU CAN NOT GET A VISA FOR IT! The Spanish Consulate WILL NOT ISSUE THAT TYPE OF VISA FOR THAT PURPOSE! So, if someone in an office in Spain says that you do.... they did not get the memo. DON\"T FLY BACK TO THE STATES TO ASK FOR IT THEY WILL NOT ISSUE IT!!!


That being said it is really easy now:

-Get married in US, Get original (2nd copy of marriage cert from county clerk)

-Have it translated (the translator will stamp the translation). In fact, just have anything that is in English translated (except passport) and make 5 copies; Birth Cert and marriage cert.


You will need:

•   6 passport sized Fotos (The Spanish national does not need them)
•   Three copies of passport (in full) (both of you)
•   2nd copy of marriage certificate from county clerk in the states (translated)
•   3 copies of birth cert (both of you) (3 copies of English one and translated)
•   2 copies of the form that shows that you have an address in Span.  It was a form that my wife’s parents filed out stating that we lived there (not true, but a formality). I think if you have a house or apartment you may need a copy of rental agreement.

Really, just make 5 to 6 copies of everything.

     You will first go to the office that gives you the form to prove you both live in Spain. (I believe this is the same office you would go to too have a civil marriage performed).
You will need it when you then go the office to register you marriage in Spain
You will need it when you then go the office to register you marriage in Spain. You will then take everything to the office where all foreigners apply for their NIE (take your partner otherwise you will have to wait in the line that never moves…with a Spanish national you can walk right in). They will need three months to make the card … MAKE SURE YOU HAVE A STAMPED COPY OF THE FORM THAT HAS YOUR N.I.E NUMBER AT THE TOP WHEN YOU LEAVE!!!!!!! It will look like this X-1234567-X.

You will need a copy of it as well as a copy of your passport and a copy of the form that says you registered your marriage.

If you don’t make copies of everything… you WILL have to wait 3 to six month for your Libro De Familla and N.I.E card to show up… DO NOT WALK OUT OF THE OFFICE UNTILL YOU HAVE THE STAMPED FORM WITH THE NUMBER ON IT!!!!!

BECAUSE…

Unfortunately, I did run into Prejudice, people in the office purposefully tried to prevent me from getting what I needed or to make us wait longer. The most blatant was stamping the form without putting the number at the top. There was no attempt to hide the purposefulness, and she expressed clear unhappiness that we noticed. Basically expressing in Spanish that she did not want me to notice… So, it is about the number, with out it you can’t work and they know it (not typical of Spanish people, but understandable considering the political climate of the world). Most people are extremely helpful! Just be careful because it is very important.

You need those forms to prove your libro is being made (that your are marriage is registered), that you have a N.I.E to register as a N.I.F at the Hacienda (which is the same as your N.I.E just registered in the oficinas de la Seguridad Social), and to get all the paper work for employers to use to give you a Jobby Job, to register as  Autonomo and use on your invoices, or start a company!!!

 
MAKE COYPIES OF EVERYTHING!!! KEEP THE ORIGINALS IF POSSIBLE!!!

We did all this in a week and 2 days. And, that is with going to some of the offices 4 times; some we did not need to go to! Even they aren’t sure what other offices are involved or need. So, they will tell you that all you need is one copy of something, but not know the other offices want a copies too… We ended up going to make copies 4 times which caused us to do the process 4 times!!!

You literally could do it in 2 or 3 days if you have all the right copies and know where to go.

If anybody knows the Spanish names for all the offices I will rewrite this with them included. My wife is in Berlin right now and I don’t remember all the names.

If you have any Questions, please, just email. I would love to help make the process easier for ya! And GRATES!

Does anyone have a picture of how to write an Autonomo invoice?

-Thanks, Killmon




 


 

• Tweet

[mlwalton]

Thanks Killmon!

That is fantastic information!  Sounds like quite an ordeal.  Congratulations for getting through it all.  

And again thank you for posting it all here.  This should help a lot of people.

Salud!
Michelle Save the :siesta:  

• Tweet

[Wakeen]

.... Shiloh's correct and I might add this caveat: Though this will probably go against most anglo-paradigms, it is quite common for those who do not have visas/papers to 'empadronarse' (Complete the empadramiento process) at a municipal town hall.

The most common reason for doing this would be to help present valid documentation in the event you were to need to seek medical attention via the national Seguridad Social (Social Security) system. Someone else may have more to add to that but I thought it worth mentioning within the scope of this discussion.

 :nybaby:

It is true. The only downside is that it now expires in two years. The town will send you a letter giving you a date to show up with your passport or lose the priviledge.

• Tweet

[stacylimones]

Just wanted to confirm Killmon's great information. My husband and I were married in the US in 2004. We registered our marriage at the Spanish Consulate in Boston this past June, and they gave us our Libro de Familia and a Spanish marriage certificate within two weeks. They would have had it sooner, but the woman who is in charge of the \"Registro Civil\" was to be on vacation the next week. Anyway, as Killmon said, US citizens married to Spaniards do NOT need a visa to come to Spain. (Anyone who is exempt from the travel visa is also exempt from the Family Reunification visa, and this includes US citizens.)
Once in Spain, I had to empadronar. Since my husband was already empadronado under his parents' address, they just had to add me on. I had to fill out two forms and provide photocopies of my passport and my husband's DNI. The only thing is that I had to wait one month for them to process my empadronamiento. When I went back after one month, they gave me my letter of empadronamiento and my husband's. (My husband had to be there to request his, otherwise they make you bring a release form.) Once we had our letters of empadronamiento, we went to extranjeria here in Sevilla. The line to get a number is the same for everyone (regardless of Spanish/EU citizenship) and it took us about 2 hours to get a number. Once we got a number, we waited about 10 minutes. The guy who took our case was really laid back and nice. He just asked us what our situation was and to see our paperwork. We had originals and copies of EVERYTHING, and he looked at and kept copies of the following:
The request form (EX-16) (Kept original and 1 copy)
My passport - photo page and all stamped pages
My husband's DNI, front and back
Spanish marriage certificate (this is supposed to be actualizado, which means that it is no more than 3 months old, but luckily he accepted the one we had which was almost 5 months old)
My letter of empadronamiento
My husband's letter of empadronamiento
Libro de Familia (looked at the original, did not keep copies)
Once he looked at everything and kept the copies he wanted, he put my information into the computer and hand-wrote my NIE on the copy of the request form he had kept. He then stamped it with the date and gave it back to me as my receipt. He said that I will get a letter in a few months saying that I have to go get my fingerprints taken and that after that, I will be notified to pick up my card (Tarjeta de Familiar Comunitario). He said I will probably have my card by March/April but that with the NIE I am able to live and work here just like any Spaniard. We were at the table with him a total of maybe 10 minutes. No problems. The next thing we will have to do is go to Social Security to get me on my husband's \"account\" until I have a permanent job. I'll post when we do it, hopefully it will help someone.
Also, you can get the request form online so you don't have to wait 2 hours in line at extranjeria to get it. It's form EX-16 and you can find it at extranjeros.mir.es (Ministerio del Interior). Go to the part that says modelos de solicitudes and select EX-16. (I, unfortunately, didn't know about this site before, so I did wait 2 hours just to get the form.)
Anyway, I hope this information is helpful. If anyone has any questions, feel free to ask.
Best,
Stacy

• Tweet

[stacylimones]

Well, this thread has been pretty quiet for a while, but I am hoping that some of you are still around to answer my question.
As you can see in my previous post, I am and American married to a Spaniard. I submitted my application for my Tarjeta Comunitaria last November, and I got the resguardo with my NIE written on it. However, I have yet to be contacted to go for fingerprinting and to give them my photos. Is this normal? Could anyone comment on how long it took them to be contacted for this? In the States it took a very long time for my husband, so I am used to being patient, but I also don't want to be passive and end up slipping through the cracks of Extranjería. (I did check my case status online and it said that it was \"en trámite\" so at least I know I am registered in their system, but still, I am getting a little nervous...) I hope someone out there can comment!
Thanks everybody!

• Tweet

[Charles]

From my experience, as long as it's \"en tramite\" (being processed) you won't be contacted about getting finger printed. The finger printing is only done after the processing is complete -- in other words, after the application has  been approved. I don't know how long it takes in the USA, but here it is incredible. On my renewals, I've usually had to wait about a year -- sometimes a little more, sometimes a little less. I think it's wise to keep checking, though.

Suerte,

• Tweet

[stacylimones]

Thanks for the reassurance, Charles. I appreciate it.

• Tweet

[RebeccaG]

Hi Stacy,

Just wondering if you have finally gotten your residency card.

I really don't know how helpful my experience can be since I went through the process over 6 years ago before some of the laws changed.

I can tell you that from the time of application for the residency card to the time of receipt (fingerprinting, etc) I had to wait approximately 6 months (I processed in Segovia where I was living at the time). Back then there wasn't quite the influx of immigrants as there are nowadays...especially not in Segovia.

Good luck!

• Tweet

[stacylimones]

Hi Rebecca,
Funny you should ask: I just got it today!
After initially inquiring here, I ended up going to Extranjería in August, and they were "surprised" that I didn't already have my card. The gentleman told me that they must have "forgotten" about my application. It's a good thing I went to ask! I received notice within the promised 15 days with a date to go for fingerprinting. That was on the 10th of October. Then they told me to come back in 40 days to pick up my card, which I did today. I am really happy that it's taken care of (for now), and this definitely serves as an exemplary tale to anyone dealing with immigration here. You have to keep on them or you could be forgotten.
Happy Thanksgiving, everyone! (Yeah, I know it was yesterday, but I bet I'm not the only one celebrating it this weekend...)
Abrazos,
Stacy

• Tweet

[adnanr16]

From my experience, as long as it's \"en tramite\" (being processed) you won't be contacted about getting finger printed. The finger printing is only done after the processing is complete -- in other words, after the application has  been approved. I don't know how long it takes in the USA, but here it is incredible. On my renewals, I've usually had to wait about a year -- sometimes a little more, sometimes a little less. I think it's wise to keep checking, though.

Suerte,

Hi Stacey,
Can you please kindly let me know how to check the libro de familia status on the internet? Can you please provide me with the link.
Many Thanks
Regards,

• Tweet