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I applied for asylum but as they sent me to another city, I'll not go and now I'm planning to marry my German boyfriend. I would like to know if I still with my tourist Visa or this one was canceled in this process. I applied this Monday (18.02) and I have until 25.02 to present myself in Munchen, otherwise I'll loose the process. Can I get in trouble with my tourist Visa if I don't present in Munchen?
asked Feb 21 in Legal advice by caiofirmino

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Dear @caiofirmino,

Thank you for reaching out to the community and Welcome!

Please bear in mind: since I'm not a lawyer, I would highly recommend you to seek legal advice in your area, for example from a refugee council or pro bono legal aid service. 

Here is some information I can give you:

  • Unfortunately, in order to get married in Germany, a tourist/ Schengen visa is not sufficient. However: if you seek asylum and have a permit to stay during your asylum procedure, getting married is possible. Here is plenty of information on How To Marry in Germany from our Blog: https://wefugees.wordpress.com/2018/04/20/heiraten-in-deutschland-how-to-marry/
  • As far as I understand it, your tourist visa would be cancelled in the process of applying for asylum. I don't know if withdrawing your claim would make it valid again - especially since the BAMF (Federal Office for Migration and Refugees) could become suspicious about your stay. Therefore, please seek legal advice to find out about your options.
  • Since you would have a chance to get married with your German boyfriend while you have an "Aufenthaltsgestattung" (during your asylum procedure), that could be an option. That is, if you don't withdraw your claim but show up in Munich for further registration. Once you get married, your procedure would stop and you can apply for a residence permit to live with your spouse (see section 4 on the Blog). More info on family reunion: http://www.bamf.de/EN/Fluechtlingsschutz/FamilienasylFamiliennachzug/familienasyl-familiennachzug-node.html
If you are unsure where to find legal advice, please have a look at this website listing many pro bono legal aid services in Germany: http://www.refugeelegalaidinformation.org/germany-pro-bono-directory
I hope this information helps a bit and you find the necessary support. Feel free to reach out to us again if you have any more questions!
Best regards,
Isa
answered Feb 23 by Isa
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