I'm from the US and I married a Spaniard in Spain last November. I found that there was no way of avoiding a trip back to the US to get the proper visa. I tried to just apply for residency without the visa but they wouldn't accept the application like that. Since you're getting married in Greece the rules might be different, so maybe there's a way for you to process the papers there without going back to the US.

If you do need to go to the US the good thing is that for the type of visa you need it only takes 2-3 days for the Spanish Consulate to process everything, so you won't need to make 2 trips to the US or be separated from you husband for a long time. You do have to apply for the visa in person though, so there's no way to do this by mail.


When you have the visa you need to go to the police station in Madrid on calle General Pardiñas 90 to apply for your residency card. I did this in January and am still waiting to get my card. They said it takes at least 90 days, so be prepared to wait. Also, from what I understand, you can't work legally until you have your residency card and I.D. number, but once you have it you can start working.

 

If he is Greek and you get married whilst he is working in Spain, your immigration status falls under EU Law and not Spanish Law. In this respect your entitlement to a Right of Residence based on your marriage kicks off the moment you sign the marriage register.

You needn't go back to the US to process your residency in Spain. In theory you don't even need any documentation as a spouse of an EU-Citizen working in Spain. But in practice and for convenience you will need to apply to the Spanish authorities for an EU residency card.

Soon as you are married , forward all the necessary documentation to the relevant authorities and you should have no problems acquiring your EU card.

 

Your situation is very different. The reason is because your spouse is Spanish and lives in Spain. He hasn't taken any rights under EU Law. In this respect your situation falls under Spanish Law and as such you had to follow the Spanish procedure.

 

My case may be a little different, but I also know Americans who are married to EU members (not Spanish) and are living in Spain, and they all had to get the same visa and residence card as I did.

Here is the information for the visa to reuinte a family from one of the Spanish consulates in the US--and as you can see this visa is for both people who are married to Spaniards and people who are married to other EU memebers living in Spain:

___________________________________________________________
Residence visa to reunite a family with a Spaniard or a Citizen of the European Union

This visa can be applied for by the spouse, children under 18 years of age, and parents who are economically dependent of either a Spanish citizen or a citizen of the European Union permanently residing in Spain.

To apply for this visa, the following requirements must be submitted in person:

ORIGINAL AND ONE PHOTOCOPY OF EACH DOCUMENT:

FOLLOW THIS LINK TO DOWNLOAD THE APPLICATION FOR SCHENGEN VISA

Passport of each of the applicants, valid for a minimum of 6 months (with 1 photocopy of the information, photo page and page of last renovation).
Passport of Spanish citizen or foreigner (E.U. member) permanently residing in Spain.
Residency card if the applicant is not a US citizen (or visa for the US).
4 recent pictures per person, passport size.
Original marriage certificate. .(If it is not from Spain, it should be legalized by the Apostille*). In the case of the spouse of a Spanish citizen, the original Spanish family book (libro de familia).
For the children, original birth certificate.(If it is not from Spain, it should be legalized by the Apostille*). In the case of children of a Spanish citizen, the original Spanish family book (libro de familia).
For parents, birth certificate of the Spanish citizen or foreigner (E.U. member) permanently residing in Spain, in which the full name of the applicant appears.
If the applicant is the spouse, child under 18 years of age, or parent of a Spanish citizen you must submit an official certificate of residence in Spain called "certificado de empadronamiento", or official certificate of change of residence of the Spanish citizen issued by a Consulate of Spain.
If the applicant is a spouse, child under 18 years of age, or parent of a foreigner (E.U. member) permanently residing in Spain, you must submit the original residence permit in Spain or a notarized photocopy of this, and official certificate of residence in Spain.
Be advised that special conditions for certain cases may apply"
_____________________________________________________________

Also, if you check out Spain's Ministerio de Interior's website www.mir.es you can see that there are only 3 cases were people do not need a residence card which are: a) citizens of the EU, the EEA (Iceland, Norway and Liechtenstein) or Switzerland who are working, studying, or living permantently in Spain b) their family members as long as the family members are also citizens of EU, EEA, or Switzerland or c) members of EU, EEA and Switzerland who work in Spain but reside in another country and leave Spain at least once a week.

Here's the original text:

_____________________________________________________________
A) SUPUESTOS DE RESIDENCIA SIN TARJETA

1. Podrán residir en España sin necesidad de tarjeta de residencia expedida por las autoridades españolas para tal fin las siguientes personas que sean titulares de un documento de identidad o un pasaporte nacional válido y en vigor:

a) Nacionales de los Estados miembros de la Unión Europea, de otros Estados parte en el Acuerdo sobre el Espacio Económico Europeo o de la Confederación Suiza, que sean trabajadores por cuenta propia o ajena, estudiantes o beneficiarios del derecho a residir con carácter permanente.

b) Familiares de las personas del párrafo anterior, así como familiares de ciudadanos españoles, cuyo vínculo sea uno de los establecidos en el apartado "Ámbito de aplicación", siempre que sean nacionales de algún Estado miembro de la Unión Europea o nacionales de otro de los Estados parte en el Acuerdo sobre el Espacio Económico Europeo o de la Confederación Suiza.

c) Los nacionales de los Estados miembros de la Unión Europea, de otros Estados parte en el Acuerdo sobre el Espacio Económico Europeo o de la Confederación Suiza, que trabajen en España manteniendo su residencia en el territorio de alguno de esos Estados y al que regresan todos los días o, al menos, una vez por semana.
_____________________________________________________________


Another part of the same website gives the cases where peopl do need a residence card and one of these cases relates to what Lindsay was asking about. It says that family members of citizens of the EU, EEA and Switzerland who have a differently nationality (like US in Lindsay's case or any other nationality besides the EU, EEA, Swiss) have to apply for the residence card:

[/b]

 

My case may be a little different, but I also know Americans who are married to EU members (not Spanish) and are living in Spain, and they all had to get the same visa and residence card as I did.

Here is the information for the visa to reuinte a family from one of the Spanish consulates in the US--and as you can see this visa is for both people who are married to Spaniards and people who are married to other EU memebers living in Spain:

___________________________________________________________
Residence visa to reunite a family with a Spaniard or a Citizen of the European Union

This visa can be applied for by the spouse, children under 18 years of age, and parents who are economically dependent of either a Spanish citizen or a citizen of the European Union permanently residing in Spain.

To apply for this visa, the following requirements must be submitted in person:

ORIGINAL AND ONE PHOTOCOPY OF EACH DOCUMENT:

FOLLOW THIS LINK TO DOWNLOAD THE APPLICATION FOR SCHENGEN VISA

Passport of each of the applicants, valid for a minimum of 6 months (with 1 photocopy of the information, photo page and page of last renovation).
Passport of Spanish citizen or foreigner (E.U. member) permanently residing in Spain.
Residency card if the applicant is not a US citizen (or visa for the US).
4 recent pictures per person, passport size.
Original marriage certificate. .(If it is not from Spain, it should be legalized by the Apostille*). In the case of the spouse of a Spanish citizen, the original Spanish family book (libro de familia).
For the children, original birth certificate.(If it is not from Spain, it should be legalized by the Apostille*). In the case of children of a Spanish citizen, the original Spanish family book (libro de familia).
For parents, birth certificate of the Spanish citizen or foreigner (E.U. member) permanently residing in Spain, in which the full name of the applicant appears.
If the applicant is the spouse, child under 18 years of age, or parent of a Spanish citizen you must submit an official certificate of residence in Spain called "certificado de empadronamiento", or official certificate of change of residence of the Spanish citizen issued by a Consulate of Spain.
If the applicant is a spouse, child under 18 years of age, or parent of a foreigner (E.U. member) permanently residing in Spain, you must submit the original residence permit in Spain or a notarized photocopy of this, and official certificate of residence in Spain.
Be advised that special conditions for certain cases may apply"
_____________________________________________________________

Also, if you check out Spain's Ministerio de Interior's website www.mir.es you can see that there are only 3 cases were people do not need a residence card which are: a) citizens of the EU, the EEA (Iceland, Norway and Liechtenstein) or Switzerland who are working, studying, or living permantently in Spain b) their family members as long as the family members are also citizens of EU, EEA, or Switzerland or c) members of EU, EEA and Switzerland who work in Spain but reside in another country and leave Spain at least once a week.

Here's the original text:

_____________________________________________________________
A) SUPUESTOS DE RESIDENCIA SIN TARJETA

1. Podrán residir en España sin necesidad de tarjeta de residencia expedida por las autoridades españolas para tal fin las siguientes personas que sean titulares de un documento de identidad o un pasaporte nacional válido y en vigor:

a) Nacionales de los Estados miembros de la Unión Europea, de otros Estados parte en el Acuerdo sobre el Espacio Económico Europeo o de la Confederación Suiza, que sean trabajadores por cuenta propia o ajena, estudiantes o beneficiarios del derecho a residir con carácter permanente.

b) Familiares de las personas del párrafo anterior, así como familiares de ciudadanos españoles, cuyo vínculo sea uno de los establecidos en el apartado "Ámbito de aplicación", siempre que sean nacionales de algún Estado miembro de la Unión Europea o nacionales de otro de los Estados parte en el Acuerdo sobre el Espacio Económico Europeo o de la Confederación Suiza.

c) Los nacionales de los Estados miembros de la Unión Europea, de otros Estados parte en el Acuerdo sobre el Espacio Económico Europeo o de la Confederación Suiza, que trabajen en España manteniendo su residencia en el territorio de alguno de esos Estados y al que regresan todos los días o, al menos, una vez por semana.
_____________________________________________________________


Another part of the same website gives the cases where people do need a residence card and one of these cases relates to what Lindsay was asking about. It says that family members of citizens of the EU, EEA and Switzerland who have a differently nationality (like US in Lindsay's case or any other nationality besides the EU, EEA, Swiss) have to apply for the residence card:

SUPUESTOS DE RESIDENCIA CON TARJETA

3. Los familiares, contemplados en el apartado "Ámbito de aplicación", de nacionales de los Estados miembros de la Unión Europea, de otros Estados partes en el Acuerdo sobre el Espacio Económico Europeo o de la Confederación Suiza, que posean la nacionalidad de un tercer estado, serán documentados con una tarjeta de residencia cuya vigencia estará vinculada a la residencia de la persona de la que dependan, sin perjuicio del derecho a residir con carácter permanente.

 

you can see that there are only 3 cases were people do not need a residence card which are: a) citizens of the EU, the EEA (Iceland, Norway and Liechtenstein) or Switzerland who are working, studying, or living permantently in Spain b) their family members as long as the family members are also citizens of EU, EEA, or Switzerland or
-----------------------------------------------------------------------

The above position which you rightly pointed out was the information I put across. EU citizens, like the Greek chap and his wife/husband in theory don't need a residence card. This is the position of EU Law. The only reason why they have to apply for it is for a matter of convenience, identification, benefits, other entitlements etc.

On the other hand Spanish Immigration Law requires that Spanish partners applies for Entry/Immigration permit from their home countries. This is the standard with majority of EU countries; Netherlands, Germany, France, Belgium , Denmark etc. With the introduction of the new Marriage Registration requirements in the UK, Britain is now following same. That is why you were asked to go back to the US and apply for your permit. Should your spouse had been an EU citizen, this requirements would not had been necessary because EU Law rules Supreme over national laws.

In respect EU Immigration rules are more flexible and gives more protection than national laws, so most people having difficulties with local rules take advantage of EU rules to secure residence in 2 countries and later move to their home country. This has given rise to a number of cases amongst which includes UK v Surinder Singh, UK v Baumblast etc all of which the UK lost at the European Court.

If any couple finds difficulties with local laws, just go along witH EU Law.

 

Re: Dominican citizen marrying nonEU with residence in Spain

If i understand you correctly:
it's best for my wife to be the one to apply for my visa to enter from Dominican republic in Spain? Again she is a permanent resident living in Spain, she is a citizen of Uruguay. What type of visa do i apply for or under what law do we petition for, she does work?
To expedite my visa. Keep in mind we're getting married in the Dominican republic...
Thank you very confusing.

 

I posted this on another forum, maybe someone here can help me::

Does anyone know if you can extend your passport tourist visa while in Spain?

I was refused entry returning to Madrid after overstaying my 90 days by 27 (first time in 8 years). They put me on an Iberia flight back to Chicago the next day. Will this refusal of entry affect any application for Retirement Visa if I choose to take that route?

I had been staying in Spain for 8 years, coming and going pretty much without concern. I originally had a Visa Stamp For Retirement Residence, but when I flew there we passed first through Dublin, where they never stamped my passport. Upon trying to move forward with my Residence application in Spain, the government official told me there was no entry passport stamp so he could not accept the visa stamp so I could not apply for the Residence card. So I just stayed "illegally" for those 8 years traveling back and forth between Spain and the USA (visiting daughter).

Over time, I was registered in the local Padron, I have a rental contract, bank account, Movistar internet/telephone etc etc...so I am settled into the Spanish culture and scene.

I live with a Russian woman who is a legal resident there, now I have to wait 90 days to go back. We were wondering when we got married (already planned), can I then apply for residence...she has a friend who did just that, they applied to get married, he a resident from the UK, and she was illegal for the entire period they waited for an answer from the government...which was a "yes" - they then got married and she subsequently received a Residence card without ever leaving.

So my BIG question is, does anyone know if this a potential way to be able to live and stay in Spain with my soon to be wife?