hallo im mena from egypt I'm already married with my german gf and i have now duldung and having stress with auslanderbuhörde of having aufnhalt allubnace and don't know what is the legal action that i should do as they asked me to go back to Egypt and come here again with visa but that doesn't make any sense for me as we are already married and when i say married means it took a lot of time and paper works and also agreement from Oberlandesgericht so if they don't wanna us live together so why did they allow us to marry
asked Aug 21, 2017 in Legal advice by rafael | 3,948 views
Hello, it is correct that as a person married to a German national you have the right to get an Aufenthaltserlaubnis, but unfortunately it is not uncommon for the Ausländerbehörde in certain cases to ask you to first leave Germany and come back with the proper visa and then ask for the Aufenthaltserlaubnis. Of course this is a very costly and time consuming procedure. And of course it seams totally unnecessary, but it has been ruled by the courts in a number of cases that that it is lawful for the Ausländerbehörde to do this. Sorry for the bad news, Steven
i see
anyways thx for your time

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3 Answers

+1 vote
Hello @rafael - welcome to our community! I closed the other thread that you opened because it contained the same question as this one. We try to keep discussions on this platform as transparent and easy to follow as possible. That's why it's better to keep all the information in one place ;)

You are right: marrying a German citizen grants you the right to stay for 3 years with a so called "Aufenthaltserlaubnis" (residence permit). After 3 years you have the right to get a "Niederlassungserlaubnis" (settlement permit).

@Marcel @Steven

Best regards,
answered Aug 22, 2017 by Thor
But its not true in thé Real life . I was in thé same situation and i get visa Schengen. But After marry m'y visa dire and auslanderbehord Saïd i must have a german visa .
0 votes
thx thorgen for your answer and your attention ... actually auslandebehörde "apolda " to be specific had no reasonable reason they just said as you have duldung so you aren't allowed to have the aufnhaltserlaubnis and when i said but I'm married they said we are not interested and that have nothing to do with your case and of course they was talking to me and my wife in a very unfriendly way
answered Aug 22, 2017 by rafael
They are fucking racist that's why
Dear @David123 - I totally understand that there is many reasons for you and others to get frustrated and angry about actions and decisions by authorities. I too think that there is a lot that needs to improved or changed in the way officials deal with asylum seekers and refugees. Nevertheless I'd still like to ask you to stop posting comments like yours above. We try our best to make this website a peaceful place where everyone can ask questions and post or receive answers to their problems. At the same time we want to keep conversations solution orientated. Thank you for your understanding and best regards, Thorgen
Okay thanks.
rafael, please I have negative decision but I have appealed.  Two negative decision I meant but I have appealed.  I am in love with my polish woman , she has been living in Deutschland for 25 years but she don't have Deutschland passport but she have Italian and polish passport, her ex husband was italian. Is it possible we can marry in Deutschland since I have 2 negative already?  I have all the documents they need for marriage.
Yes you can david and you can message on my FB accound Rafael mena if you have a question
@Rafael Mena, thank you for replying me. I search for you on facebook and I see a lot of people using your name but I have sent message to one Rafael Mena, I am sure it's you. In your profile photo, you hold a dog , if that's you please reply my message on fb messenger. I want to know few things about the marriage in Germany. Four questions I want to know , first, which city is best for refugee to marry in Deutschland?, secondly, what document did they ask you to bring for the marriage? , thirdly , how long does it take before they approve the marriage or how long it takes before they will verify all the papers originality before they approve the marriage btw you and your wife? Fourthly , now that I have two negative from my asylum, if I give them my Nigeria passport for the marriage, will they deport me with the Nigeria passport before approval of the marriage ? Please I need your reply
0 votes
Me suffering same situation.i dont know if i go back to pakistan i will get visa or not?feeling very stressed
answered Nov 20, 2018 by Najma
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