Hey I just got married to a Spaniard,in New York unfortunetly he has to be abroad to travel for buisness. i was just in spain on a tourist visa,  for 90 days,  i want to go back right away to set up house for us can i go back without him going with me even though it hasn’t been 180 days?

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!  😏

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