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I haven't got married yet I am single, although I have live-partner and we got 2 babies (2.5-year-old baby boy, and 6-month old baby girl) but currently we broke up and she have the babies.

Now I want to marry German citizen women which we know each other since 2012, and we are planning to get marry soon, she sent me invitation 1 months ago, I have applied shengan visa in Federal Republic of Germany Mission in my country and gratefully I have got the visa immediately, I am planning to visit her soon in Germany, also we have in mind to go together in Denmark for marriage proceedings and documents, and after three months I will go back to my home.

since I want to join her in Germany in the future I want to know few things in advance:

1. will it possible to bring my biological kids to Germany after my residence permit allowed, though we born these babies as unmarried couples?

2. while I was in the interview for shengan visa recently, the officer asked me " do you have dependent" so I supposed that she meant either I will take dependents to Germany at that time, and I responded to her “NO”, therefor will this respond will affect my later interviews? 

3. my last question: Next time I want to apply spouse visa, and in spouse visa a letter of impediment will be required as I have read in Wefugees, will it apply to me since I am still single and not undergone marriage contract so far?  How I will claim my biological kids in the future to bring them Germany?

asked Jan 1, 2019 in Legal advice by zamzamygure

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1 Answer

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Dear @zamzamygure,

Welcome to the Wefugees community and thank you for sharing your situation with us!

I just talked to our law expert regarding your case.

Let's have a look at your questions in the same order you asked them:

  1. In order to bring your children with you to Germany after you got married, you need to make sure you collect all the necessary documents. For example, it is essential you have the birth certificates of your children that state you are the father. Furthermore, the mother has to allow you are taking the children (!) and recognize you as the sole custody holder (written form, notarized). 
  2. Once you apply for a family reunion (spouse) visa in the German embassy of your home country, make sure you answer the question if you have dependents with "Yes" this time, as you want to take your children with you. You will need to explain why you answered differently the first time. 
  3. The letter of impediment is a necessary document that you might already need in order to get married, therefore you need to collect it before you marry your German girlfriend. Have a look at the necessary documents that are required to get married in Denmark (also make sure your marriage will be recognized in Germany). 

Here are some links regarding family reunion in Germany by the Berlin service website and BAMF: https://www.berlin.de/willkommenszentrum/en/families/reunification-of-families/

http://www.bamf.de/EN/Migration/Arbeiten/Familiennachzug/familiennachzug-node.html

I hope this helps. Feel free to reach out to us again if you have any more questions!

All the best,

Isa

answered Jan 14, 2019 by ✔Isa
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