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Discussion Starter · #1 ·
Hello,

I'm American, married to a Romanian who is working in France. He's been here for over a year, but we just got married in August and I moved here after our wedding. We went to the prefecture today to apply for the Carte de séjour "de membre de la famille d'un citoyen de l'Union/EEE/Suisse" Our understanding of the process was that I would not need a long term visa to apply for the residence permit, but when we got there and showed our paperwork (marriage certificate, his employment contract, proof of residence, passports), the woman said that having entered on my tourist visa, I was ineligible for a residence permit and would need to pay a 340 euro fine for entering on the wrong visa. Of course, we could only pay with timbre fiscaux, which we didn't have, and she wouldn't let us go and get them and come back so she told us we'd have to make an appointment for another day.

I've seen here on the forum that other people have gotten the carte de sejour without a long term visa, so I'm confused. Are we stuck paying the 340 euro visa regularization fee, or do we have another option? Should I have gotten the visa before arriving, or does she just not know this obscure exception to the norm?

I'm frustrated because we thought we were doing the right thing and now I'm stuck making another long trek to the prefecture and hoping they like our paperwork (and possibly also paying 340 euros we weren't counting on).
 

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I believe the woman you spoke with may be in error. This is the page from Service Public that explains how it all works: https://www.service-public.fr/particuliers/vosdroits/F19315

As far as I know, you only need to have entered France legally - you do NOT need to have entered on a long stay visa. The entry stamp in your passport is your "tourist visa" and it's supposed to be perfectly legal for the spouse of an EU national - as long as you apply for your carte de séjour within the allotted time (which is, I think, 3 months of your arrival).

If you need it, here is the EU information on this: Family reunification in the EU: your family's residence rights - Your Europe

I'd say print off the relevant portions of the two sets of pages and try, try again. Be as calm as you can be (yeah, I know it's difficult) and for all you know, you may actually get a different clerk and never have to show the printouts. (Wouldn't be the first time.)
Cheers,
Bev
 

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Discussion Starter · #3 ·
Thanks Bev. We have another appointment scheduled in November, and we'll bring this info. Hopefully it will go better next time around.
 
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