New Visa Rules

[Californiagirl]

Hi, I am married to a Frenchman and we are waiting for the livret de famille to arrive so that I ican apply for the spouse visa. I am currently in France but will probably need to return to the US to apply for the visa. I'm hoping there is a way around this, but I'm not hopeful. Also, I just noticed that the rules have changed as of June 1st. Does anyone have any info about the changes or getting a CDS without having to return to the states? It's so expensive to keep flying back and forth.

[Bevdeforges]

Hadn't heard about the June 1st change in rules, but nothing surprises me anymore. Are those changes to the rules for obtaining a visa, or the rules for getting a carte de séjour?

Where were you married - in the US or in France? (I'm guessing the US or elsewhere, as normally your livret de famille is given to you immediately after the ceremony.) If you were married in the US, you should have (yeah, I know - too late now) registered your marriage at the French consulate and gotten your livret de famille at that time. Then you could have applied for a visa (still have to make an appointment for an interview and show up in person). But you would have had the visa within a couple of days.

On what basis are you now in France?

If you are already in France on some sort of visa, you should be able to apply right away for the carte de séjour - or to transfer your current carte de sejour. If you're there just on a tourist entry, it's going to be easier in the long run to return to the US, go to the consulate that covers the area where you were resident up until your marriage, and just get your visa. (According to the Boston consulate, visa fees are waived for the spouse of a French or EU citizen.)

There used to be some ways around all that, but they have been cracking down lately. You'll be stuck with annual cds renewals for 3 years now before they will give you your carte de resident, which lasts for 10 years and gives you full rights to work. Not sure about your work status with the regular cds these days.

In any event, you will ultimately have to go through your local préfecture to apply for your carte de séjour. What you can do now is to go there (better to go than to call) and ask them what they will require for your carte de séjour, given that you are married to a frenchman. If possible, get a list from them. If there is any way around having to go back for a visa, they may be able to tell you what it is. (If you are very nice to them and ask them precisely the right question.)

Good luck - I've been there, and looking back, I should have just sucked it up and gone back to get a visa after the wedding. (Except in my case, there were issues of residence because I had been living in Germany... long story.)
Cheers,
Bev

[Californiagirl]

Thanks Bev,

We were married in the US and applied for the LdF as soon as we received the Marriage License with the Apostille (took 5 months) back in January. They originally told us that it would take up to 3 months, but of course that didn't happen. Now they are telling us that it will be 4-6 months, so that means we should receive it sometime this summer. Of course if it arrives in August then everything will be closed for the summer.

I basically gave up waiting since we were not living together for the first 8 months in an attempt to go about things the proper way. Now I am here on a tourist visa so unless we can find a loophole or someone nice at the Prefecture, I will need to return to the US once the LdF arrives. It's a bit frustrating and the requirements seem to change daily.

Thanks for the good wishes and the information, it all helps.

-Californiagirl

Originally Posted by Bevdeforges

Hadn't heard about the June 1st change in rules, but nothing surprises me anymore. Are those changes to the rules for obtaining a visa, or the rules for getting a carte de séjour?

Where were you married - in the US or in France? (I'm guessing the US or elsewhere, as normally your livret de famille is given to you immediately after the ceremony.) If you were married in the US, you should have (yeah, I know - too late now) registered your marriage at the French consulate and gotten your livret de famille at that time. Then you could have applied for a visa (still have to make an appointment for an interview and show up in person). But you would have had the visa within a couple of days.

On what basis are you now in France?

If you are already in France on some sort of visa, you should be able to apply right away for the carte de séjour - or to transfer your current carte de sejour. If you're there just on a tourist entry, it's going to be easier in the long run to return to the US, go to the consulate that covers the area where you were resident up until your marriage, and just get your visa. (According to the Boston consulate, visa fees are waived for the spouse of a French or EU citizen.)

There used to be some ways around all that, but they have been cracking down lately. You'll be stuck with annual cds renewals for 3 years now before they will give you your carte de resident, which lasts for 10 years and gives you full rights to work. Not sure about your work status with the regular cds these days.

In any event, you will ultimately have to go through your local préfecture to apply for your carte de séjour. What you can do now is to go there (better to go than to call) and ask them what they will require for your carte de séjour, given that you are married to a frenchman. If possible, get a list from them. If there is any way around having to go back for a visa, they may be able to tell you what it is. (If you are very nice to them and ask them precisely the right question.)

Good luck - I've been there, and looking back, I should have just sucked it up and gone back to get a visa after the wedding. (Except in my case, there were issues of residence because I had been living in Germany... long story.)
Cheers,
Bev

[Bevdeforges]

As far as the requirements changing daily goes, well, "welcome to France." You do get used to it after a while - and sometimes you can even make the system work for you.

Wow, they're now requiring a marriage license with an apostille!!?? Which consulate were you working through?

Actually, if you get all the paperwork together in August, it's not such a bad deal. Just submit it all and get your récippissée. The actual cds will take as long as it takes, but you can use the receipt like a "real" cds for most things you'll need it for. (Actually, I think I only had to present my cds once - and that was to exchange my German driving license for a French one.)

When they issue you the actual carte de séjour, there's the whole "contrat d'integration" thing to go through - french lessons, civics class, etc. I actually would have liked to have had some sort of civics/civilization class. Maybe I'd have some idea how this silly European election works tomorrow.
Cheers,
Bev

[frenchie]

Are you dealing with the consulate in San Francisco? They also required the marriage certificate with the apostille on it when I applied for the ldf. As I also didn't do the paperwork prior to get married, it took 5 months. I believe I applied in February 2008 and received the ldf in July 2008.

I hope this helps in reassuring you that yes, it takes a while.

As soon as you get your ldf, you should be able to apply for a long term visa at the consulate (takes about a day from what I heard). Then once you arrive in France, like Bev said, you just need to apply for the cds.

[Californiagirl]

Hi Frenchie,

Yes, it was the SF consulate. They seem to take so much longer than any other consulte. I was prepared for a wait, but we will be married a year before I get the LdF. LOL guess I just have to wait.

I am concerned about the new regs, it looks like there is no longer a CDS for the first year. The visa takes the place of the CDS. I'm just not sure how that effects my ability to find work.

Anyone know anything about this?

Thanks again.
Cali

Originally Posted by frenchie

Are you dealing with the consulate in San Francisco? They also required the marriage certificate with the apostille on it when I applied for the ldf. As I also didn't do the paperwork prior to get married, it took 5 months. I believe I applied in February 2008 and received the ldf in July 2008.

I hope this helps in reassuring you that yes, it takes a while.

As soon as you get your ldf, you should be able to apply for a long term visa at the consulate (takes about a day from what I heard). Then once you arrive in France, like Bev said, you just need to apply for the cds.

[frenchie]

Originally Posted by Californiagirl

Hi Frenchie,

Yes, it was the SF consulate. They seem to take so much longer than any other consulte. I was prepared for a wait, but we will be married a year before I get the LdF. LOL guess I just have to wait.

I am concerned about the new regs, it looks like there is no longer a CDS for the first year. The visa takes the place of the CDS. I'm just not sure how that effects my ability to find work.

Anyone know anything about this?

Thanks again.
Cali

Are you sure about that? That would make no sense, nobody will hire you without it. Though nothing surprises me with the French government.

I just renewed my carte d'identite and passport, simple enough? Nah, the consulate of san francisco screwed up and I can't seem to get ahold of anyone. Breathe in, breathe out!

Do you have a link about the new regs?

[Californiagirl]

I was looking at the Houston consulte site since my family is in that area.
Visa pour conjoint de ressortissant français - Consulat Général de France à Houston

But it's confusing as to what exaclty they mean, and now you need an OFII form?

"L’époux étranger d’un citoyen français fait la demande d’un visa long séjour valant titre de séjour. Ce visa remplace la carte de séjour pour une durée de un an. Dans les trois mois suivant son arrivée en France le titulaire de ce visa doit prendre rendez-vous auprès de l’OFII (Office français d’Immigration et d’Intégration) afin de s’enregistrer. Entre autres démarches l’OFII apposera sur le passeport un vignette.

Si le séjour en France s’étend au-delà d’une année, il suffit de prendre un rendez-vous avec la préfecture deux mois avant l’expiration du visa valant titre de séjour, afin de solliciter une carte de séjour."

There are additional changes on most of the consulate pages, but they aren't uniform.

Originally Posted by frenchie

Are you sure about that? That would make no sense, nobody will hire you without it. Though nothing surprises me with the French government.

I just renewed my carte d'identite and passport, simple enough? Nah, the consulate of san francisco screwed up and I can't seem to get ahold of anyone. Breathe in, breathe out!

Do you have a link about the new regs?

[Bevdeforges]

Originally Posted by Californiagirl

I am concerned about the new regs, it looks like there is no longer a CDS for the first year. The visa takes the place of the CDS. I'm just not sure how that effects my ability to find work.

Anyone know anything about this?

Thanks again.
Cali

Where did you hear that there isn't a cds for the first year? What I've seen on the Service Public site is that foreign spouses are going to be required to renew their cds annually for 3 years now, instead of the current 2 years, before they get their carte de resident. What that may mean is that you don't get the right to work for 3 years, unless you find an employer willing to sponsor you.
Cheers,
Bev