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  #1  
Old 17.03.2011, 00:02
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Overstaying Schengen + Marriage

Hey everyone, complicated issue here.

I'm trying to marry my Girlfriend, but the processing time makes me exceed my Schengen Visa allowance... I am American, so we have an automatic 3 months out of every 6 months (automatic visitor visa)

so...

1) Is it a big deal if I overstay my Schengen Visa allowance?

2) If I overstay will I be in a "bad standing" with the government, and thus not allowed to marry her?

Any advice?
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  #2  
Old 17.03.2011, 00:09
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Re: Overstaying Schengen + Marriage

Where are you planning to get married? I don't think (according to other posts on forum) that you can marry in Switzerland if you don't have a residency permit? I don't know if you have a work around or whatever. I assume you've researched that part of it whole process already!

On the Schengen issue I have no idea, I've never heard of anyone being deported because of it or whatever but most of my friends are EU or have permits and therefore don't run into the issue. Hope someone else has an answer for you.
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Old 17.03.2011, 00:29
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Re: Overstaying Schengen + Marriage

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Hey everyone, complicated issue here.

I'm trying to marry my Girlfriend, but the processing time makes me exceed my Schengen Visa allowance... I am American, so we have an automatic 3 months out of every 6 months (automatic visitor visa)

so...

1) Is it a big deal if I overstay my Schengen Visa allowance?

2) If I overstay will I be in a "bad standing" with the government, and thus not allowed to marry her?

Any advice?
I got married in Basel and they asked me if my permit was still valid; they made it clear to us that the ceremony won't take place without it. I hope you'll find a solution.
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  #4  
Old 17.03.2011, 00:45
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Re: Overstaying Schengen + Marriage

My girlfriend is a permanent Swiss resident, and I can marry her. At the marriage office it didn't seem that I needed residency in order to marry someone... just needed to have a valid visa (of any type?? was not stipulated).

Yes, I will also be married in Basel...

So I guess I have to hang out in London or Istanbul for 3 months in order to be in good standing...
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Old 17.03.2011, 00:48
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Re: Overstaying Schengen + Marriage

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Hey everyone, complicated issue here.

I'm trying to marry my Girlfriend, but the processing time makes me exceed my Schengen Visa allowance... I am American, so we have an automatic 3 months out of every 6 months (automatic visitor visa)

so...

1) Is it a big deal if I overstay my Schengen Visa allowance?

2) If I overstay will I be in a "bad standing" with the government, and thus not allowed to marry her?

Any advice?

When you say 3 months I'm assuming you don't have an actual Schengen Visa pasted into your passport.

If you do in fact have one, then ask for an extension. If you don't have a visa, then you will have to apply for one. I don't know what the Swiss rules are, but for this to happen in the US your fiance would have to have a "fiance" immigrant visa (not even a tourist visa would allow her entry). Switzerland may require you to leave the country to apply for the correct visa to get married if you don't have an immigrant status yet.

Regardless, you have to make the first move for anything to happen though. If you do nothing, then your next entry into Schengen territory could get you returned to sender. Check here if anything helps you: http://www.bfm.admin.ch/bfm/en/home/..._einreise.html

Last edited by KeinFranzösisch; 17.03.2011 at 00:49. Reason: clarification
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Old 17.03.2011, 00:52
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Re: Overstaying Schengen + Marriage

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My girlfriend is a permanent Swiss resident, and I can marry her. At the marriage office it didn't seem that I needed residency in order to marry someone... just needed to have a valid visa (of any type?? was not stipulated).
Might be an idea to double check this. I was under the firm impression that you needed a residency permit (of any type) to be eligible. A tourist visa (aka schengen) is not a residency permit.

I sincerely hope that I am wrong!
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  #7  
Old 17.03.2011, 00:55
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Re: Overstaying Schengen + Marriage

No, I flew into frankfurt and they just said "Hi" and scanned my passport. I talked to the Basel immigration and they said they cannot extend my schengen for any reason whatsoever (ugh).

I don't think I have to have an immigrant status in order to get married, but she may have to fill out "re-unification of family visa".

About the US, my fiance is EU so I think she has the automatic VISA to enter the country....does she need the Fiance VISA?
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Old 17.03.2011, 00:57
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Re: Overstaying Schengen + Marriage

@millso, I don't believe I need residency to marry someone who lives in Switzerland.... I hope I'm right!

ugh VISAs !!!! so difficult
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Old 17.03.2011, 01:05
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Re: Overstaying Schengen + Marriage

Why is a residency visa for the foreigner, needed before getting married here? Does that mean a couple living overseas, cannot, for example come and get married here, even if it is just a case of wanting to come back just for the wedding to take place in the homeland and family home of the Swiss partner?
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Old 17.03.2011, 01:15
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Re: Overstaying Schengen + Marriage

I don't think the residency requirement is accurate. At the marriage office they just said my legal right to be there was in good standing.
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  #11  
Old 17.03.2011, 01:17
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Re: Overstaying Schengen + Marriage

I don't know for sure to be honest as I've never researched it and the more I look into it the more likely it is that I'm wrong. Sorry if I caused any undue worry. Anyway, congratulations!

There are separate forms if you do not live in Switzerland and want to marry here.
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  #12  
Old 17.03.2011, 01:27
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Re: Overstaying Schengen + Marriage

Thanks Millso, I'll keep researching, and regardless, I appreciate your commenting!
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  #13  
Old 17.03.2011, 01:46
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Re: Overstaying Schengen + Marriage

Actually, as far as getting married here, I don't think residency matters at all. In fact, two foreigners can come here, decide to get married here, but of course they have no right to stay in Switzerland. But I think what you are really asking is, if I get married to a Swiss here, can I apply and stay, without having gotten a visa for this in advance? The answer is probably yes but it may just be a question of how complicated it makes the process.

Many of the western countries who have the '90 day visit with no visa' option have similar requirements, and possibly similar penalties. So I can tell you my experience from being a US citizen marrying a Swiss and her coming to the US, and from others I know. Switzerland may or may not be similar.

When you come to the US on the 90 day waiver program, you are agreeing up front, that you have absolutely no intention of immigrating. If you plan to immigrate (for example, marry and stay), you need an immigration visa (there are marriage and fiancee visas). Switzerland may have the same kind of requirement. This can also be why even if you get married here, leaving and then applying to come back as an immigrant, can be simpler than trying to just stay. You actually re-enter (properly) with an immigrant visa.

Now, in the US, I knew people who came on the 90 day visa waiver program, and got married. Technically they violated the agreement and the INS (or whatever their latest name is) does not like this. Basically you are saying, I came here with no intention of immigrating or staying, but suddenly fell in love and decided to get married and stay, all in less than 90 days. However, they could still go through the immigration process and stay of course but it took longer (a year or more) and was more complicated. They also could not leave the country during this processing time, without first asking for permission.

In my case, I did a lot of research and found out that it was actually less complicated and a quicker process, if we got married outside the country, and then I applied for my spouse to come as an immigrant, versus violating the agreement and complicating everything. We were able to do all that in less than 2-3 months.

So, as I said, Switzerland may or may not have similar policies. It's probably best to find someone who has done it.

Best of luck,
Dan
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Old 17.03.2011, 01:54
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Re: Overstaying Schengen + Marriage

Sorry I hope that my last post wasn't too long winded and complicated.

I wanted to add that your '3 month visa' is probably no visa at all. That's an agreement between countries that they will let each others citizens visit for 90 days, with no visa. In the US it's called the Visa Waiver Program, which means, we're letting you come with no visa required, but you also don't get any of the extra options that a 'real' visa has (possibility to extend, change to another type of visa, possibility to immigrate, etc).

I also wanted to add that for me to come here as a spouse of a Swiss citizen was amazingly simple, compared to the process for bringing my Swiss spouse to the US, so maybe it's not nearly as complicated as my last post implied it might be.

Good luck,
Dan
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Old 17.03.2011, 14:05
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Re: Overstaying Schengen + Marriage

I don't know if you can extend a tourist visa, but definitely you could change it (and the easiest way is to become a student).

When we were planning to get married in Basel, we went to Zivilstandsamt,( on Rittergasse 11) and we spoke to a nice person who told us what documents we
need (for instance, I needed more documents than my husband because we come from different countries).

When we gave them all the required docs, we had to pay a huge amount of 486FR!!
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Old 17.03.2011, 15:15
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Re: Overstaying Schengen + Marriage

Dear all, we finally got a helpful person at Immigration (as opposed to all the unhelpful people at immigration last week + the week before). We just have to declare our marriage and I get an L visa for 6 months, and when we finally are married legally I have a 5-year automatic B visa. Which is great. After 5 years a C, etc.

So the L visa sort of solves all the issues.

Thanks so much for your feedback!
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Old 17.03.2011, 15:24
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Re: Overstaying Schengen + Marriage

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No, I flew into frankfurt and they just said "Hi" and scanned my passport. I talked to the Basel immigration and they said they cannot extend my schengen for any reason whatsoever (ugh).

I don't think I have to have an immigrant status in order to get married, but she may have to fill out "re-unification of family visa".

About the US, my fiance is EU so I think she has the automatic VISA to enter the country....does she need the Fiance VISA?
She could enter the US as a tourist for pleasure without a visa (Visa Waiver Program) for up to three months if she has the means to support herself and has a return ticket.

But if she is coming to the US as your fiance, then she has to have a "K-1" non-immigrant visa. This allows a 90 day admission and authorizes employment, and may adjust status to "Legal Permanent Resident" after arriving. Marriage must occur within 90 days of arrival.

If she were to arrive on a tourist visa or under the Visa Waiver Program but her true intent was to marry a US Citizen, and it came to light during the inspection process that this was her true intent, she would be refused admission and deported as a "Visa Waiver Refusal." She would then require a visa for any future travel to the US.

So, you see, the fact that "you don't need a visa" based on your nationality is generally for short-stay tourism via agreements between countries, and is generally arrived at because the citizens of that country are low risk for becoming a public burden for the host country.

If it falls outside of that realm, then you most likely need some sort of visa, whether it's the US or any other country.

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Dear all, we finally got a helpful person at Immigration (as opposed to all the unhelpful people at immigration last week + the week before). We just have to declare our marriage and I get an L visa for 6 months, and when we finally are married legally I have a 5-year automatic B visa. Which is great. After 5 years a C, etc.

So the L visa sort of solves all the issues.

Thanks so much for your feedback!
Congratulations on getting the answer you needed and posting it here!
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Old 17.03.2011, 22:29
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Re: Overstaying Schengen + Marriage

Congratulations!! I was about to write you to do that! Sometimes just telling the truth is easier than try to go around the rules..
I was in your same situation, and after getting in and out of the country to renew my "tourist visa" i gave up and told the authorities i was getting married to a swiss, they said "Congratulations! Here is your 6 months permit to get your papers ready" ....and after six months, they extended for six months again ( but that's another bureaucratic story)

Enjoy!

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Dear all, we finally got a helpful person at Immigration (as opposed to all the unhelpful people at immigration last week + the week before). We just have to declare our marriage and I get an L visa for 6 months, and when we finally are married legally I have a 5-year automatic B visa. Which is great. After 5 years a C, etc.

So the L visa sort of solves all the issues.

Thanks so much for your feedback!
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Old 17.03.2011, 23:21
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I'm glad to hear that all should work out well! In my case, I didn't get a 5 year B permit as a spouse. I got a one year B that needed to be renewed every year but it was no problem.

Regards,
Dan
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Old 17.03.2011, 23:41
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Re: Overstaying Schengen + Marriage

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I don't know what the Swiss rules are, but for this to happen in the US your fiance would have to have a "fiance" immigrant visa (not even a tourist visa would allow her entry).
Huh?

My wife and I got married in the US while on vacation, I US, she Swiss, no visa involved (both Swiss residents at the time).

Tom
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