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Old 21.06.2011, 18:17
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Expired Tourist Visa to Carte de Legitimation

Hello, I'm a US citizen who came to Geneva back in January to work at the UN. I hold a carte de legitimation. My wife also came with me (also US citizen) but as a tourist. Given the nature of my contract at the UN they do not provide residence cards for spouses. As her tourist stay was running out we applied for a family reunification through the Geneva Canton Population Office. The application is still being examined and since her 90 days have run out we haven't left Switzerland.

Now, she has received an internship to work at the UN that starts in a month. She has sent her application in for a visa to the Swiss Mission in the US. However, the papers specifically say that they cannot issue a residence visa to someone who is on a tourist visa.

Does this mean she has to return to the US to get her card and then return?

Also, we need to visit family abroad (not in the US but outside of Europe) and we went to the Canton Office to get a re-entry visa based on the pending application. We were told that since she will shortly be getting the visa from the Swiss Mission - that they would not issue the re-entry. Their advice was for her to leave the US - and fill out a declaration that she is leaving - and then return when she has the card.

1) does she have to return to the US?
2) can she remain here and have someone ship the card to us once it is processed?
3) should she fill out the declaration if she leaves?
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