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Hello sir/madam, my name is Daniel from Ghana. I entered Germany with my wife whom we did our traditional marriage in Libya. Actually we are from different countries. We filed our asylum differently. But my wife filed her own plus her first born in Germany, after 10months we were both rejected including the child. And it was rejected as a separate asylum. So we both appealBut the court turn my asylum down again, b'cause I'm from so called safe country of origin. My wife and my son are still under the appeal. But my wife again had another baby, making it two babies all born in Germany. I received a post concerning Duldung which the local immigration office granted me 3months of Duldung. I submitted my new baby birth certificate to the Ausländerbeh.. which they registered her also. Why do they want to deport me? We are not from the same country. And I had all the proof as a father. Can't I get stay through my family? And why do they want to separate me from my wife and my kids? Please I need tangible reasons, coz I don't want to have any mental illness. Plsss
asked Sep 17, 2018 in Legal advice by Daniel Egyir
edited Sep 22, 2018 by Daniel Egyir

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2 Answers

+1 vote

Hello @Daniel Egyir

thank you for waiting. I am sorry for the delay, but I was on sick-leave and could not answer the questions timely. 

I did some research on your specific situation: 

1. In order to be able to claim the right to stay in Germany through the children you have, you would have to apply for 

"acknowledgment of paternity"(Vaterschaftsanerkennung § 1592 BGB) you do this through the local Jugendamt, that is in charge for the children in question. 
2. As you and your wife are not married in legal terms in Germany it is also important to get the "Custody Declaration"(Sorgrerechtserklärung). This can be obtained either at the Jugendamt or in front a notary, both you and your wife would have to get this document. 
You will need for this the following: 
a) Passport/ID or Ausweis
b) if you have birth certificate of yourself and your wife
c) Birth certificate of the children or Mutterpass
However these are general requirements the particular officer might ask for less or more. 
3. After having obtained these two documents, you will have to file it with Ausländerbehörde, the Bundesamt für Migration unf Flüchtlinge and the Verwaltungsgericht as the case of your wife is under appeal. 
I hope I could give some guidance, if you need any further Information please do not hesitate to use the community. 
Best regards, 
Nilab
answered Oct 2, 2018 by Nilab
Hello @Nilab thanks for the tangible results you've had given to me. But I got these two important documents, that's the Vaterschaft and the Soggerecht which I gain all in the Jugendamt. Please I want to know what to do next after been having all these prescribed documents?
Hello @Daniel Egyir, great, now you have to apply at the Ausländerbehörde/Ausländeramt. The safest way would be to get the support of a lawyer in order to process everything timely. Best regards, Nilab
Dear @Daniel Egyir, great, now that you have all the documents you should file it with the foreign office in the town you are in and with the BAMF, so that it can be taken into consideration with your case. Best of Luck! Best regards, Nilab
Hello@ Nilab, After submitting these two  important documents to the Ausländerbehöde, I received a letter for the provisions of my national passport, of which they already have my birth certificate. I'm afraid, since my wife, my son and my daughter decision is still on pending at BAMF. what are they going to do if I submit the passport?
Dear @Daniel Egyir, in general you have a legal oblication to proof your identity andto submit your passport to the authorities. What you could do is to ask what the reason is for the passport , as you have submitted the birth certificate already. If you have a lawyer for the asylum process please ask him/her to address the Ausländerbehörde. I hope this answers your question. Best regards, Nilab
Hi @Nilab, After submitting these two documents, recently, my wife and my children were granted national band from deportation with a year residence permit. Can I be deported? B'cos the Ausländerbehode always in requset of my national passport.
Hi @Nilab, after submitting these two documents, recently, my wife and my children were granted national band from deportation with a year residence permit. Can I be deported? B'cos the Ausländerbehode always in request of my passport. And please can I apply for residency through my wife and my children?
Hello @Nilab, please I'm still waiting for my unanswered question.thank you.
0 votes

Dear @Daniel Egyir

welcome to our vibrant community and thank you for sharing your question with us. I will get back to you asap, after having done some research on your specific situation. 

Best regards, 

Nilab

answered Sep 21, 2018 by Nilab
Alright Nilab,  I'm still waiting for your feedback. Thank you
Hello @Nilab, Please I want to remind you that my question hasn't been answered still. Looking forward to hear from you. Thanks
Hi @Nilab, thanks for your support. I'm much appreciate. I will never hesitate to contact you, anything else.
Hello Nilab, please my question still not answered. Please I need your help.
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