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+1 vote
Good day. . .  I just got married with my BF , i have American Marriage Certificate as i was in Germany , and i sign a Affidavit that i am unable to travel to USA and in Kansas City there is a law and i successfully got Marriage Certificate with Appostiel and its Valid in all World ,  My Issue is that i Hires a Lawyer as i am Completely illegal in Germany , Lawyer told me to Register myself in rathaus and its Successfull and then he Applied residence permit for me Through Court and Court Order Auslanderbehorde to start my Application .  now after 3 months pass i got Notification from Auslanderbehorde that they lost my File they need it once again ..  The thing is here when i first go to Auslandbehorde with Court order They got Angry and Rude and told me why i go to court Bla bla bla .  My Question is What i should do now ?  Should i send my partner to go to Rathaus or Auslanderbehorde to presure them to do fast ?  What Experts here advice ? I am Quite Worried but i am in hope that i will be granted Residence permit ,  Rathaus Didnt Said anything on my American Marriage ceritificate its means German Accept my Marriage Certificate So Please Help me Guys Guide me .. Thank You
asked Aug 4 in Legal advice by Kevinreed00131 (940 points)

1 Answer

+2 votes

Hello @Kevinreed00131

Welcome to the Wefugees community and thank you for your question.

As far as I understand, Ausländerbehörde lost your documents/file, but they need them to process your case. So I would get in touch with them and submit all the documents they need again. Or am I missing the point here?

Best regards,

Thorgen

answered Aug 7 by Thor (62,450 points)
I already Gave them my Documents again , But i am waiting for Answer , how long they need more to give me Answer ?
Ok, thanks for clarifying the matter. I didn't get that based on the initial question.

Unfortunately, it's not unusual that authorities take a while to process your case. If you've been waiting for 3 months (or more) since you submitted your documents again, then you can file a so-called "Untätigkeitsklage" at Verwaltungsgericht which forces Ausländerbehörde to act. It's recommended to consult a lawyer for this.
It's about 3 months when I first time gave them documents, 2nd time it's about 3 weeks and waiting yet.. Should I call them and ask? As I am completely illegal so I afraid to go there
What does your lawyer recommend? If you are afraid of getting in touch with Ausländerbehörde, can you ask him to inquire instead of you? Before filing an "Untätigkeitsklage" you should ask Ausländerbehörde about your case, especially since it's been just 3 weeks.
Yes. I told me lawyer please call them and ask. He said he will. But I am little worried that's why I ask question here.. Normally this take so long? And normally in this type of case granted residence permit as I am married with German citizen?
If you are married to a EU citizen (e.g. a German) you have a right to get a residence permit. It could happen that Ausländerbehörde asks you to go back to your home country, apply for a valid visa and then return to Germany in order to get said residence permit. Especially since you've stayed in Germany illegally. I think it's best to rely on your lawyers advice in this case because he took a closer look at the details and is probably more experienced.

To me it doesn't sound unusual that it takes a couple of weeks to process your case.
I understand. I am from. Pakistan and by sexual I am gay. And gays always got killed in Pakistan and if I go I have big fears like death. After knowing all ausländerbehörde will still tell me to go back my country?
Unfortunately, I can't tell you what exactly will happen. But it has been ruled by court multiple times that the procedure outlined above is lawful. You should talk to your lawyer about this. Especially since there is a lot at stake for you at the moment.
Ja that's right. I am in touch with my lawyer let's see what happend
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