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Hello!

I'm a mexican girl who has found love with a German charming prince. and I have a couple of questions,

First one is, my fiancée is currently unemployed and he receives money from the government, will be any problem for the marriage requirements with this?

Second: As a mexican citizen, I can get a period of time of 3 months without having a visa for visiting Europe, but my question is, can I get married in that period of time? Or should I necessarily apply for a marriage visa in the German Embassy in Mexico?

Thanks in advance for the possible help!
asked Oct 21 in Legal advice by Miriam_MuO

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1 Answer

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Dear @Miriam_MuO,

Thank you for sharing your questions with the Wefugees Community!

As marriage is a much discussed topic on this platform, we published a blog providing information on the procedure, required documents etc. 

In general, being employed is not one of those requirements in Germany.

However, your situation could be a bit more complicated, as I learned from my research. 

If you want to stay in Germany after the marriage, the authorities expect you to declare your purpose of travelling already before you enter the country. That means, that they want you to apply for a national visa (marriage visa) instead of a Schengen visa. Otherwise, the immigration office might ask you to leave the country after the marriage (not issuing you a subsequent residence permit) and to re-enter with a spouse visa respectively. As far as I know, applying for a spouse visa is not related to the income situation of the partner in Germany. This could be different in case you apply for a marriage visa, as they might require a guarantee/commitment ("Verpflichtungserklärung") from your partner, proving that he can cover your costs.

As the whole procedure is kind of complicated, I can also recommend you  (it could be easier when your partner in Germany contacts them) to seek some advice from the "Verband binationaler Partnerschaften", a counselling organisation for binational couples and families. Please find their contact details here.

I hope this helps and do not hesitate to get back to us if any clarification is needed.

All the best,

Meike

answered Oct 25 by Meike
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