overstayed visa, american wanting to marry french national

[sallyfish]

i have overstayed for 2 years... and am headed back to the US to get the appropriate visa to return to france and marry my boyfriend.

two questions--
1) if my overstay is not spotted by officials at the airport on my departure from france, does this mean i don't have to worry about the french consulate denying me a visa to return? is it possible i'll still be rejected at the airport when i return to france?

2) IF my overstay isn't caught and i return to the US without a problem, i am wondering what would be the next step to arrange things properly. i would like to return asap, & get married. the work permit is not necessary for now. the visa for intent to marry is no longer available, and it is required to apply for a long stay visitor visa. i have heard of people being rejected when applying for a long stay visa-- does anyone have experience with this, and know if it is difficult to obtain? (i will also submit the papers proving intent to marry), or is it safer to just apply for a short stay visa, get married, and then reutrn to the US to apply for a long stay visa as a spouse?

thanks.

[coklin]

Ok I have been in that exact situation now. I arrived Jan 2007 in Europe as a tourist, and stayed and studied at an American University in Brussels for 2 years. I have made 2 years overstay of the original tourist visa.
I have left BE without any problem, and know that the scans at the airport do not tell the days you flew in, and out of the country (that's what the stamp is for).
Now there is clear documentation on my passport that I never left after 2 years.
There is a girl back there that I want to marry. I am not sure if I will get back into the country and propose to her. How is this possible that a society can keep 2 people who love each other apart. I guess cuz i broke the law. Well, I would like to move on from that and get the proper papers as well.
1) I don't plan to return to Europe for a year since leaving
2) I will get a new passport before returning to Europe
3) I will marry her immedeatly when I come back, then do what you said, go back to USA and apply for papers there.
4) Always buy round trip ticket for 2-3 weeks after entry
5) Always claim "tourist" upon entry into the Schengen.

Does anyone know if this is possible, or am I banned for 5 years ??
Most people are completely uneducated about how this works, and usually say stupid things about the return rules and 90days this and that. I know all the rules inside and out. However, I do know that Americans do slip thru the cracks sometimes.

PLEASE TELL ME WHAT HAPPENS TO YOU ! PLEASE ALSO ADVISE ME AS TO ALL PAPERWORK AND THINGS AFTER MARRYING SOMOENE IN EUROPE Thank you so much !

[dublin3]

If you are talking about scanners in Brussels Airport that they don't work then I am pretty sure that they do. As I recently went to Belgium on a day trip and when I was coming back immigration official scanned my passport and second thing he asked " Ohh you came today in the morning " and I said yes and after few questions he stamped my passport and let me go.
I don't know that you are banned for 5 years or no but for sure they have record that you have overstayed for 2 years.

[coklin]

Well then thank you for the info.

I still think that since I was never deported, that I will be allowed back into Schengen as long as I come for only a short stay.

However, if I get married after that, I can still apply for the VISA i hope...

[dublin3]

Good Luck to you man...

[dublin3]

I am sure if you got married you will be allowed back in. if you partner is from Belgium then it might be bit hard to get in to Belgium but you can always use EU route and you will be granted residence in another EU state.
and according to EU law you entry can only be refused on these basis.
Article 27 of the 2004 38 EC Directive

Article 27
General principles
1. Subject to the provisions of this Chapter, Member States
may restrict the freedom of movement and residence of Union
citizens and their family members, irrespective of nationality,
on grounds of public policy, public security or public health.
These grounds shall not be invoked to serve economic ends

2. Measures taken on grounds of public policy or public
security shall comply with the principle of proportionality and
shall be based exclusively on the personal conduct of the individual
concerned. Previous criminal convictions shall not in
themselves constitute grounds for taking such measures.
The personal conduct of the individual concerned must represent
a genuine, present and sufficiently serious threat affecting
one of the fundamental interests of society. Justifications that
are isolated from the particulars of the case or that rely on
considerations of general prevention shall not be accepted.
3. In order to ascertain whether the person concerned represents
a danger for public policy or public security, when
issuing the registration certificate or, in the absence of a registration
system, not later than three months from the date of
arrival of the person concerned on its territory or from the
date of reporting his/her presence within the territory, as
provided for in Article 5(5), or when issuing the residence card,
the host Member State may, should it consider this essential,
request the Member State of origin and, if need be, other
Member States to provide information concerning any previous
police record the person concerned may have. Such enquiries
shall not be made as a matter of routine. The Member State
consulted shall give its reply within two months.
4. The Member State which issued the passport or identity
card shall allow the holder of the document who has been
expelled on grounds of public policy, public security, or public
health from another Member State to re-enter its territory
without any formality even if the document is no longer valid
or the nationality of the holder is in dispute.
Good luck to you man..!

[coklin]

[quote="rebel82"]I am sure if you got married you will be allowed back in. if you partner is from Belgium then it might be bit hard to get in to Belgium but you can always use EU route and you will be granted residence in another EU state.


So are you saying that I will ONLY be able to marry her now in USA ?? Then go back to Europe ?? Also you are saying that if she is Belgian, I might not get an ID card from Belgium, cuz of my past problems ?? That means I cannot live in Belgium right ??? I ll have to live in the other country that grants me residence ?

I'm sorry I've so many questions, but you have almost entirely cleared this up....
It still relies on luck from my side,

[dublin3]

Do not worry at all and I never said that you have to marry her only in USA but as you know that people only get residence under 2 different laws one is EU law and second law is their national law..
for example if I am married to British citizen and I want to apply for UK settlement visa and I will do whatever I can to get visa and they will decide my case under their national law and they can refuse me as many time as they want they can create problems for me and if I am not successful then I have to take the EU route so in EU route what we will do that my and my wife will go to any other EU country other then UK and apply for residence there and once we get residence card there and my partner has exercised her EU treaty rights for more then 6 months we can apply for UK using Surinder singh route. EEA family permit and thats how I wll come to UK but process takes ages... but its free.
I hope you understand I am sure that you are not banned for 5 years or anything because if you were leaving and they didn't tell you then I think you will be fine...