Dear @Honest,
Welcome to the Wefugees Community and thank you for reaching out to us.
I saw that you opened another thread a couple of days ago as well. I think it will be easier to collect all the information in one place and it will help us to keep a better overview. I paste the content of the first thread here and close it - I hope this is okay for you!
You wrote:
"Hello everyone, my asylum got rejected in Germany and I decided to leave the country to Spain for fear of deportation, I had a German girl and right now she plans to come over to Spain so we can get married, thats alright by us, my question now is, after our marriage in Spain, who do we submit the marriage certificate to for me to get a stay ? Is it the Spanish authorities that will issue me my stay or am I going to face the German embassy here in Spain for my visa? Am really confused, I don't have a legal status in Spain either. I only have a registered address or can I seek asylum again in Spain so I can have a status to get married, the most important thing that I really need to know is after the marriage with my German lady, who will issue me my stay? Spain Authorities or German Embassy. Thanks, urgent Answer please before I go into depression again."
First of all, your situation is still not very clear to me. Did you actually apply for asylum in Spain or where exactly have you been in court now?
In general, I am not sure if it is the best idea to leave Germany for Spain. As you applied for asylum already in Germany, the Spanish authorities will most probably reject your application. I am not familiar with marriage rules and procedures in Spain, but I assume that Spanish authorities will ask for similar documents as the registry office (Standesamt) in Germany. For more information on marrying in Germany and a list of the required documents please see our blog on this topic. Even if your asylum application got rejected, the immigration office (Ausländerbehörde) in Germany may issue a Duldung, potentially based on the fact that you are planning to marry a German citizen. I am not saying that procedures are easy, but with the support of a good lawyer this way might be the most promising (even if I know very little about your background and the situation in general). If you manage to get married to your German partner, you can apply for a residence permit according to §28 of the German Residence Law as spouse of a German citizen. In order to get a residence permit in Spain as spouse of an EU citizen, I assume that your partner would need to live and work there as well.
I hope this helps and please don't hesitate to get back to us if you want to discuss your situation further or if you have any questions.
All the best,
Meike