Go Back  Fodor's Travel Talk Forums > Destinations > Europe
Reload this Page >

What do Americans on a tourist visa to France get penalized with?

Search

What do Americans on a tourist visa to France get penalized with?

Thread Tools
 
Search this Thread
 
Old Nov 9th, 2013, 10:46 AM
  #1  
Original Poster
 
Join Date: Nov 2013
Posts: 4
Likes: 0
Received 0 Likes on 0 Posts
What do Americans on a tourist visa to France get penalized with?

I'm an American citizen and I overstayed my tourist visa for almost 2 months. Do I have to pay a fine? Does the French immigration stamp my passport with a special stamp to ban me from France?or do I not get banned at all? I'm also married to a French citizen. I have no schengen visa just a tourist visa. But I have an appointment to get my french papers in January because we want to live in France and Im really scared to be banned. Please help!
brittanyc is offline  
Old Nov 9th, 2013, 10:53 AM
  #2  
 
Join Date: Feb 2006
Posts: 57,091
Received 5 Likes on 3 Posts
brittanyc,

i don't think that a travel forum is the right place to be getting immigration advice, frankly. you need a lawyer who knows about french immigration law.

using my general knowledge and expertise as a UK family lawyer, it's not clear where you are now. that could be crucial - in the UK you generally have to be in the country legally or outside the UK to make applications like this, but french/Schengen law may be different.

you may find the following helpful [yes, i know it's wiki, but you have to start somewhere]

http://en.wikipedia.org/wiki/French_nationality_law

good luck!
annhig is offline  
Old Nov 9th, 2013, 11:00 AM
  #3  
 
Join Date: Jun 2003
Posts: 23,784
Likes: 0
Received 6 Likes on 1 Post
Why on earth do you have a visa? Americans have a visa exemption for 3 months.

This is not at all a guarantee, but Americans who overstay almost never get in trouble in France because their passports are almost never scanned, just glanced at. At least you have a (bad) excuse for overstaying if you are questioned -- that is better than no excuse at all.
kerouac is offline  
Old Nov 9th, 2013, 11:09 AM
  #4  
 
Join Date: Oct 2003
Posts: 57,890
Likes: 0
Received 0 Likes on 0 Posts
What you need is a local immigration attorney (in France who knows all of the details of the local laws).

By overstaying your visa your issue is not just a potential fine if they find you. They may well just deport you on the spot. And it;s not like you're a tourist who is just going home.

You are trying to get papers to LIVE in France - so they will look at everything you have done since you arrived. And you may well have jeopardized your chance to stay in France long-term.

You need to get an attorney immediately - to help you figure out if there is a way out of this mess.
nytraveler is offline  
Old Nov 9th, 2013, 11:12 AM
  #5  
 
Join Date: Oct 2003
Posts: 57,890
Likes: 0
Received 0 Likes on 0 Posts
Sorry - but coming here for an answer on an issue as serious as this is an example of your incredibly fuzzy thinking.

This is a real legal issue - and you shouldn't be fooling around with this. It's not like ignoring a parking ticket. They may well refuse to let you you live in France at all - or ban you for a period of years.
nytraveler is offline  
Old Nov 9th, 2013, 11:53 AM
  #6  
 
Join Date: Sep 2010
Posts: 42,634
Likes: 0
Received 3 Likes on 3 Posts
Calling it a "mess" is NOT helpful, Nytraveler. Calm down.
Dukey1 is offline  
Old Nov 9th, 2013, 12:19 PM
  #7  
 
Join Date: Jan 2003
Posts: 34,858
Likes: 0
Received 0 Likes on 0 Posts
I don't think France even has something called a tourist visa, they have short-term visas (and Americans don't need one) and long term visas for stays over 90 days. The reason for that can be for a "visitor", which is when the visit is for non-professional reasons, I suspect that is what the OP has. They don't have any visas for those who intend to marry French citizens any more, so this must be a long term visitor visa. http://www.consulfrance-washington.o...php?article401

I don't know what they do, but I know in the US, you can get expelled from the country for overstaying your visa and be banned from returning for several years at least, because I know a Danish guy who did that and that's what happened to him.
Christina is offline  
Old Nov 9th, 2013, 12:38 PM
  #8  
 
Join Date: Jan 2003
Posts: 49,560
Likes: 0
Received 0 Likes on 0 Posts
Well, this doesn't make it sound too promising:

http://sos-net.eu.org/etrangers/interne/peinsej.htm
StCirq is offline  
Old Nov 9th, 2013, 02:35 PM
  #9  
 
Join Date: Jan 2008
Posts: 13,394
Likes: 0
Received 0 Likes on 0 Posts
StCirq can you summarize for those who only have schoolgirl french please?
cathies is online now  
Old Nov 9th, 2013, 04:34 PM
  #10  
 
Join Date: Jan 2003
Posts: 49,560
Likes: 0
Received 0 Likes on 0 Posts
Brief summary: It's a crime. You can be arrested and/or fined. You may go to prison. You can be deported. You can be denied entry into the country in future.

It's a complicated site, with lots of links to other information, but the general message is that, if discovered, this could be a real pain to deal with. Probably not so much if you're married to a French person, but still...
StCirq is offline  
Old Nov 9th, 2013, 04:35 PM
  #11  
 
Join Date: Mar 2003
Posts: 22,987
Likes: 0
Received 0 Likes on 0 Posts
Summary: if you overstayed the three months and did not take the appropriate steps that have been approved for a continued stay, you are in trouble.
Michael is offline  
Old Nov 9th, 2013, 05:12 PM
  #12  
 
Join Date: Mar 2003
Posts: 22,987
Likes: 0
Received 0 Likes on 0 Posts
It turns out that the OP has decided to drop out of Fodors. I must admit that the combined postings by the OP sounded questionable.

Got married in France, to a Frenchman, but can't have him pursue the issue of her extended stay with the authorities?

No mention of in-laws who would have wanted to meet the other parents?

The husband must be held by the hand to go through U.S. immigration--did she rob the cradle?

Surprise the parents with an unexpected husband? and a decision to move to France?

Was all this for real?
Michael is offline  
Old Nov 9th, 2013, 05:18 PM
  #13  
 
Join Date: Oct 2005
Posts: 72,806
Likes: 0
Received 50 Likes on 7 Posts
Is she the one who wanted to know if she could use the 'other nationalities' immigration line at the airport because her hubby doesn't speak English??
janisj is online now  
Old Nov 9th, 2013, 05:28 PM
  #14  
 
Join Date: Oct 2003
Posts: 57,890
Likes: 0
Received 0 Likes on 0 Posts
OK - if that is the same person -

Is she returning to the US?

Or is she trying to stay in France?

Or is this a faux marriage to get the guy into the US?

Whatever it is - it doesn't belong here.
nytraveler is offline  
Old Nov 9th, 2013, 09:59 PM
  #15  
 
Join Date: Jan 2008
Posts: 13,394
Likes: 0
Received 0 Likes on 0 Posts
Thanks StCirq.
cathies is online now  
Old Nov 9th, 2013, 10:00 PM
  #16  
 
Join Date: Jan 2008
Posts: 13,394
Likes: 0
Received 0 Likes on 0 Posts
Hit submit too soon, I meant to say that your summary was what I suspected. Cheers, Cathie
cathies is online now  
Old Nov 10th, 2013, 08:40 AM
  #17  
 
Join Date: Oct 2013
Posts: 1,086
Likes: 0
Received 0 Likes on 0 Posts
The naivity of people when it comes to immigration issues no longer surprises me.

There is a tv series called 'Border Security' which shows real life events involving people entering Canada. I believe there is also an Australian version.

If you watch a few episodes you'll quickly see how incredibly naive/stupid some people are. It doesn't matter which country it is, the laws are pretty much the same everywhere.

https://www.google.ca/#q=border+security+tv+epidsods

In this case, the OP has definitely compromised her chances of ever being given legal residency in France.
dulciusexasperis is offline  
Old Nov 10th, 2013, 08:53 AM
  #18  
 
Join Date: Nov 2006
Posts: 8,030
Likes: 0
Received 0 Likes on 0 Posts
A few months ago on the Rick Steves' web site someone reported being fine 500E for being one day over and came extremely close missing her return flight because of the "paper work." She thought 90 days meant three months. Someone else reported being a couple of weeks over and being banned for a year but no mention of a fine. It may depend greatly on the mood of the immigration office at the time.

Technically the 90 day Schengen visa is a true visa but doesn't involve any paper work since it is automatic for citizens of certain countries.

If her story is real, then she potentially has some serious problems that are not going to be solved on this site.
fmpden is offline  
Old Nov 10th, 2013, 08:56 AM
  #19  
 
Join Date: Nov 2006
Posts: 8,030
Likes: 0
Received 0 Likes on 0 Posts
Opps, looks like I was suckered. The OP name is no long active on the site.
fmpden is offline  
Old Nov 10th, 2013, 11:08 PM
  #20  
 
Join Date: Feb 2003
Posts: 9,971
Likes: 0
Received 0 Likes on 0 Posts
Cathies, no need to ask StCirq for a translation of the link — all you have to do is paste the URL into Bing or Google Translate and you get this: http://translate.google.com/translat...ej.htm&act=url
Heimdall is offline  


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Do Not Sell or Share My Personal Information -