I need a clarification on this matter.  I came to Germany a year ago but yet to seek asylum.  I met this German  lady that we love each other and we intend to get married.  How do I go about it. What are the steps to take?
asked Nov 28, 2017 in Legal advice by Lexxy | 758 views

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1 Answer

+1 vote
Hello @Lexxy and welcome to our community!

First of all, did I get you right that you are in Germany but you didn’t apply for asylum yet? The reason I ask for that is because it might have implications for your plans.

Apart from that let me outline the general procedure:

To get married in Germany you need to hand in a number of documents at Standesamt (registry office). These include a passport, a birth certificate and a certificate of no impediment (a document that proves that you are eligible to marry and to proof that you are not married or not married anymore). You might need to provide further documents according to the marriage laws of your home country and depending on the Standesamt that you go to. Get in contact with them to find out about the exact procedure in your case.

Getting married to a German will grant you a residence permit. In that case you don’t need to wait for a decision by BAMF on your asylum procedure anymore (if you applied for it). Instead you can apply for the residence permit at Ausländerbehörde.

Best regards,
answered Nov 29, 2017 by Thor
Can one get married with an expired visa on its passport?
Hello @Lexxy - You don’t necessarily need a legal status (like a visa or a residence permit) to marry (see the answer that Steven provided in this thread: https://***.wefugees.de/k/questions/2281). But the problem is that you need to have a legal status to reside in Germany.
That makes the situation quite complicated. From the point of view of the German state your stay here is illegal. If they find out about it you’ll have to leave the country and you might get an entry ban. On the other hand it’s hard to legalize your stay because you probably can’t prolong your visa after it expired. You would have to leave the country first, re-enter with a valid visa and then get married. But as I said earlier: If German authorities find out about your illegal stay it might cause trouble when you try to re-enter.
Your illegal stay might also cause problems if you apply for asylum now (that would make your stay legal by the way) because BAMF might impute that you only do it now to avoid deportation. Or if you get in touch with authorities in order to get married it may be an issue. Best regards, Thorgen
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