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Hello, respected administrator/friends. I’m asylum seeker and my asylum got rejected but I don’t wanna go back because i have german girlfriend here and she is pregnant so i wanna marry her and stay with her in germany. And my question is what is  better option to take first either to get baby custody or marry with my girlfriend .please help me out which is option safe for me to take first . Thank you
asked Nov 11 in Legal advice by Singh23

Dear @Singh23

Thank you for sharing your question with the Wefugees Community! 

First of all, only because your appeal got rejected, you are not necessarily illegal. You do not hold a Duldung? 

In general, marrying a German citizen will be in my opinion the safest option to get a residence permit in Germany. However, spouses may be asked to apply for a spouse-visa/family unification visa from their country of origin. The second issue is, that authorities will ask for certain documents for the marriage. Please see our blog (https://wefugees.wordpress.com/2018/04/20/heiraten-in-deutschland-how-to-marry/) for more details. 

I hope this helps and please feel free to get back to us if you want to discuss your situation further. 

All the best, 

Meike

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1 Answer

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Hallo,

to get married mostly takes much time. You must have a set of personal documents from your country, like a passport, a birth certificate and a confirmation that you were not married before (or divorce certificate). For a lot of countries the Standesamt would claim that the documents must be legalised in the German embassy of your country, which costs much money and takes much time.

So to make the custody of a child is a quicker way which at least gives you a reason for a Duldung on a humanitarian reason. On the other side it doesn't make you fully safe, especially before the baby is born. But as Meike wrote, people normally can get a Duldung after rejection even without any special reason, just because a deportation is mostly not a quick thing.

The child is also not a full guarantee that the Ausländerbehörde lets you stay in Germany without leaving and making a family reunion. In this case it is much more better to be married. It is not so easy to make a family reunion to a child if the child has a parent with a custody (the mother) is in Germany.
answered Nov 23 by Alla_fka
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