bunny80 wrote:what rights would a US spouse have the second after the 2 are married in a EU country ( denmark, since marriage there seems to be the easiest way)? so if the US spouse is here on a tourist visa , can they remain inside schengen once they are married? do they need any permits or to go back to the US for some reason? would it be a problem is the marriage takes place with only a few days left out of the tourist visa?cheers!!
PS: i understand all americans get 90 days in schengen, is this correct? she has the entry date and the number 28 on her passport..
US citizens will typically be issued with a 90-day visit visa valid for all Schengen countries at the port of entry. You can then get married in Denmark. If I understand the process correctly, a stay of 5 days in the country is required to get married there, but I am sure that others may have better information on that. From that point on, the US citizen would be legally resident in Denmark as the dependent of the EU spouse, and can avail of the provisions of Directive 2004/38/EU to move to and reside freely in the country where the EU spouse lives. If that country is, however, the same country the EU spouse is a citizen of, it may take some persuasion skills, as officials are typically not aware of the regulations and European Court decisions this claim would be based upon, and would rather apply national legislation which in most cases is less favourable than the Directive.
If you can provide some info as to what country the future spouse is a citizen of, and in which one he/she resides, it may be easier to give advice on this.
