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Dear Wefugees Community,

I hope you are in good health.

I have a two questions and will be glad to have your help and advice on them.

Q-1) i had my BAMF final interview on the 28.08.2018 and till now i haven't received any response, is this normal delay? Note that i was shifted to the final heim two weeks before my final interview.

Q-2) my fiancé is living abroad , and in the country we were in , the wedding registration take place in a court , and i can get married through my brother since he has an authorization legal letter from me, is it possible to bring my fiancé to live with me once the marriage process is done, or the social will not accept that ? Or should i wait till i get the response from BAMF about my case? And is it preferable to bring her if i get accepted so she lives with me in an apartment? And what documents i may need?

Appreciate your response and help

Warm regards

Hatem

asked Dec 18, 2018 in Legal advice by Hattem
retagged Dec 19, 2018

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1 Answer

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Dear @Hattem,

Nice to hear from you again and thank you for being such an active member of the community.

As for your questions, I will try to answer them separately:

  1. Unfortunately, the decision by the BAMF can take a while and it is hard to say how long. Since August seems like a rather "short" time compared to other cases you can read about on our platform. There are cases where people had to wait for over a year, which is of course very stressful if your right to stay in the country is on the line. Let's hope you will get an answer soon! Here's a thread where the topic is being discussed, also explaining what you can do if it takes too long: https://www.wefugees.de/101543/
    or      https://www.wefugees.de/101614/
  2. Regarding your question about getting married:
    Once you receive a protection status (if you have been granted asylum, are recognized as a refugee, or have subsidiary protection) in Germany, you have the right to unite with your family. There are special documents needed if you want to bring your wife to live with you here. See this website by the BAMF for more info: http://www.bamf.de/EN/Fluechtlingsschutz/FamilienasylFamiliennachzug/familienasyl-familiennachzug-node.html

The BAMF also states that 

"A precondition applying to spouses is for a valid marriage to have already existed in the country of origin, for the asylum application to have been filed prior to or at the same time as that of the person entitled to protection, and at the latest promptly after entry into the country, and for the entitlement to protection not to have been revoked."

Since you mentioned you do not have a decision yet, I would recommend waiting for a response from BAMF about your legal status, then applying for family reunification so she can live with you. Also, I didn't quite understand what you mean by getting married through your brother? Definitely make sure that your marriage (especially the marriage certificate) will be accepted in Germany - here is an explanation by the Auswärtiges Amt: https://www.auswaertiges-amt.de/en/newsroom/konsularisches/eheschliessung-node#content_1

"The basic rule is that a marriage entered into abroad will be regarded as valid in Germany if the legal provisions relating to marriage of that foreign state were abided by. In addition both the bride and groom must meet all legal capacity requirements for marriage under the law of their home states (they must for example be single, over a minimum age and not too closely related to one another)..."

Here's also another thread from our platform discussing how asylum seekers can get married: https://www.wefugees.de/102286/how-can-asylum-seekers-marry-during-asylum-procedure

If, for some reason, your marriage isn't accepted here, there is still the possibility to get married again in Germany, as you can read on the Wefugees Blog: https://wefugees.wordpress.com/2018/04/20/heiraten-in-deutschland-how-to-marry/

I hope that all of this information helps to answer your questions, or at least parts of them!

Please do feel free to reach out to us again if you need further assistance. 

All the best and Good Luck,

Isa

answered Dec 19, 2018 by Isa
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