# NIE question from non-EU American



## Frank bcn (Nov 25, 2013)

Ok, I have checked the Sticky threads about NIE and became 'stuck'. They were helpful, but I would like some feedback/recommendations in regards to my situation:

-I am an non-EU American living in BCN with my fiance who is a Spanish citizen.

-My 90 day tourist VISA is coming up and we are going to a local court office next week to sign up for the earliest opening for civil ceremony. We are going to a small town outside of BCN as we heard that availability is earlier. 
Is there anything I can do if my 90 day VISA runs out, but I am in the process of getting married to an EU member (Spanish citizen)?

-I am getting quite a number of job opportunities teaching English, but the one thing that is holding me back is the NIE issue. I tell them that I am 'in the process' on attaining one. 

Please advise. Thanks!


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## snikpoh (Nov 19, 2007)

Frank bcn said:


> Ok, I have checked the Sticky threads about NIE and became 'stuck'. They were helpful, but I would like some feedback/recommendations in regards to my situation:
> 
> -I am an non-EU American living in BCN with my fiance who is a Spanish citizen.
> 
> ...



Just to clarify; do you mean just the NIE or do you mean getting a residency card?


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## xabiaxica (Jun 23, 2009)

Frank bcn said:


> Ok, I have checked the Sticky threads about NIE and became 'stuck'. They were helpful, but I would like some feedback/recommendations in regards to my situation:
> 
> -I am an non-EU American living in BCN with my fiance who is a Spanish citizen.
> 
> ...


since Spain doesn't have a 'fiance visa' as such, I'm pretty sure that you can't legally stay beyond the 90 days - but check with the extranjería to be 100% certain

I do know that you can't work until you have your resident permit, & you can't apply for that until you are married


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## Frank bcn (Nov 25, 2013)

snikpoh said:


> Just to clarify; do you mean just the NIE or do you mean getting a residency card?


Not sure, just whatever signifies me as a legal resident. Employers ask for NIE, not sure about DNI.


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## Frank bcn (Nov 25, 2013)

xabiachica said:


> since Spain doesn't have a 'fiance visa' as such, I'm pretty sure that you can't legally stay beyond the 90 days - but check with the extranjería to be 100% certain
> 
> I do know that you can't work until you have your resident permit, & you can't apply for that until you are married


What happens if one stays beyond the 90 days, but soon after gets married to a Spanish citizen?


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## kalohi (May 6, 2012)

Frank bcn said:


> What happens if one stays beyond the 90 days, but soon after gets married to a Spanish citizen?


Would they even let you get married without you being here legally?

As to your question, I really don't know the answer but I suspect you'd risk not getting approved for residency.


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## Frank bcn (Nov 25, 2013)

kalohi said:


> Would they even let you get married without you being here legally?
> 
> As to your question, I really don't know the answer but I suspect you'd risk not getting approved for residency.


Good question. I am not sure.


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## Frank bcn (Nov 25, 2013)

I was told by my fiance that since we are in the process of marriage (our marriage file is with the Registro) that I should be fine. Anyone else know about this?


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## Number 6 (Sep 24, 2014)

Frank bcn said:


> Ok, I have checked the Sticky threads about NIE and became 'stuck'. They were helpful, but I would like some feedback/recommendations in regards to my situation:
> 
> -I am an non-EU American living in BCN with my fiance who is a Spanish citizen.
> 
> ...


Hi Frank

Have you seen the BCN USA consulate website ?, here is a link to the marriage page in case you haven't 
Marriage/Affidavit | Consulate General of the United States Barcelona, Spain

Seems like there are a few hoops to jump through!.

I see they also have a facebook page, maybe you could post your specific question there


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## Frank bcn (Nov 25, 2013)

Thanks, 6. Yes, my fiance and I went through all those hoops. We did the fe de solteria, empadronamiento, etc., already. Our heads were spinning as we were going through all that. We are at the tail end of the process, where we pick up our marriage file from the Registro and find an office that will take us in as soon as possible. We have an appointment with an office about two hours' train ride from BCN, since they might do the ceremony quicker than other places.

I also heard that I am eligible for the SSN now and that might be good enough for employers, until my marriage is finalized. Maybe the SSN gives me the same rights as the NIE. Not sure. 

I see more hoops on the horizon...


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## elisa31bcn (Jan 23, 2013)

You don't need to worry about your legality here, since you're already approved for the marriage. If your tourist visa runs out in the meantime, you will be ok. 
But to actually work, you will need to have your tarjeta de residencia approved, and that can't be done until you are married. For that you need to make an appointment at Extranjeria, and come with the application and the papers. Mainly you have to wait until you have your Libro de Familia which will take a couple weeks after you're married. At the appointment, they will approve you, give you your NIE number, and you are good to go, although the actual card will take longer. A trip for fingerprints to another office, and then waiting....


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## Frank bcn (Nov 25, 2013)

elisa31bcn said:


> You don't need to worry about your legality here, since you're already approved for the marriage. If your tourist visa runs out in the meantime, you will be ok.
> But to actually work, you will need to have your tarjeta de residencia approved, and that can't be done until you are married. For that you need to make an appointment at Extranjeria, and come with the application and the papers. Mainly you have to wait until you have your Libro de Familia which will take a couple weeks after you're married. At the appointment, they will approve you, give you your NIE number, and you are good to go, although the actual card will take longer. A trip for fingerprints to another office, and then waiting....


Appointment at the Extranjeria has been made. My question is that, once I get a receipt of my NIE (and not the actual card) on the day of my appointment, I am ok to use that receipt as proof of NIE and able to give show that to employers.


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## 213979 (Apr 11, 2013)

Frank bcn said:


> Appointment at the Extranjeria has been made. My question is that, once I get a receipt of my NIE (and not the actual card) on the day of my appointment, I am ok to use that receipt as proof of NIE and able to give show that to employers.


Yes.


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## Frank bcn (Nov 25, 2013)

elenetxu said:


> Yes.


Eskerrik asko, Elenetxu 
Thanks!


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## snikpoh (Nov 19, 2007)

Frank bcn said:


> Appointment at the Extranjeria has been made. My question is that, once I get a receipt of my NIE (and not the actual card) on the day of my appointment, I am ok to use that receipt as proof of NIE and able to give show that to employers.


Please don't just ask for an NIE - anyone can get that.

You need the residencia.


If you ask for the wrong thing, then it will cause untold problems.


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## 213979 (Apr 11, 2013)

Frank bcn said:


> Eskerrik asko, Elenetxu
> Thanks!


Ez horregatik!

I've found the NIE/TIE debate to be a non-issue in the extranjería office. Just tell them you're applying for residency because you're married (you'll hopefully already have all your papers filled out and three photocopies of everything - just in case) and things will be fine. 

Your wife doesn't know someone who knows someone who could speed this up for you? Hope you guys get this resolved ASAP!


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## elisa31bcn (Jan 23, 2013)

It will be obvious that he's applying for residence, because of the application form. It is a NIE that he will eventually get, but it is correct that the number alone is sufficient to begin working.


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## Frank bcn (Nov 25, 2013)

elenetxu said:


> Ez horregatik!
> 
> I've found the NIE/TIE debate to be a non-issue in the extranjería office. Just tell them you're applying for residency because you're married (you'll hopefully already have all your papers filled out and three photocopies of everything - just in case) and things will be fine.
> 
> Your wife doesn't know someone who knows someone who could speed this up for you? Hope you guys get this resolved ASAP!


She is getting much information from her work attorneys. Her company has people that work on this stuff for employers, so she is getting advice from them. We pick up our marriage file on the 30th and we go to L'Ametlla (town outside of BCN) on the 1st to see what date we get. Our date with the extranjeria is on the 8th. Hopefully, things will be finalized by then. Otherwise, we will have to set up another date with the extanjeria.


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## elisa31bcn (Jan 23, 2013)

Frank, I'm sure you can't apply until you are actually married. The form is Ex-16 and one of the requirements is your Libro de Familia, which will not exist until after the ceremony. 
But it's only a trip to Extranjeria...many of us have made several and lived to tell about it.


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## 213979 (Apr 11, 2013)

elisa31bcn said:


> Frank, I'm sure you can't apply until you are actually married. The form is Ex-16 and one of the requirements is your Libro de Familia, which will not exist until after the ceremony.
> But it's only a trip to Extranjeria...many of us have made several and lived to tell about it.


I don't know if the same thing happens in BCN, but the first trip to extranjería in Cantabria is frustrating: "Here are the forms you need, this is what you should bring, and here's the slip to pay at the bank." "But I already have the application filled out and all the copies! All I need to do is pay!" "Tough luck, here's another appointment. See you in a few weeks!"


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## elisa31bcn (Jan 23, 2013)

I guess I got lucky because I had good advice on everything I needed, and luckily was right on. I had a much harder time at the Registro for the marriage documents. Anyway, it went smoothly at Extranjeria, and after checking I had everything in order, I was out in record time with my NIE number, and the rest.....
We all know the potential for frustration, but have all gotten through. I'm sure Frank will too!


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## Frank bcn (Nov 25, 2013)

Thanks, we'll see what happens.

By the way: Tarjeta de residencia, Tarjeta de familiar, what's the difference?
Does the NIE come separate? Am I confusing or mixing up these terms?


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## elisa31bcn (Jan 23, 2013)

There is no difference. Tarjeta de residencia is generic. You get your tarjeta because you are a familiar of a Spanish citizen. It's possible to get it in other ways, like work.
The NIE is not separate. It refers to the number which you will receive when you are approved, and is on your card. 
Other people, not residents, can get a NIE simply by asking, for purposes of buying a house, etc.


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