Consequences after marriage without valid document

Question

Hi Dear Advisor,

Finally, Standesamt accepted our marriage application and we have agreed to get married in June.
Surprisingly, I haven't received anything from Ausländerbehörde and neither have I Duldung. Would it be a good decision to contact  Ausländerbehörde by myself?

As I don't have any valid documents other than my passport,
would it be better if I say that I'm staying in Germany illegally in the last 1.5 years rather than saying that I entered illegally from Italy?
To be noted, I was in Germany from 2017 till 2022 and my German Aufenthaltstitel expired in July 2022.
Would Ausländerbehörde accept it if I say I never left Germany?

Thank you very much in advance for your time. I would be eagerly waiting for your advice.

Comments

There is no problem with that.. as soon as you successfully got married and have your marriage certificate that’s all.. they can’t never ask why or how u came in or if u be illegal here I have a lot of people done this.. if worse come to worse u will get a fine maybe 700euros but u still have the right to proceed with your residence permit application as far as your marriage is done and u have the certificate that’s all and I wish u good luck

Answer 1

Hi.

When you write to Standesamt that you want to marry they will send you a list of documents to bring did you read that?

Here is it again: When you are a refugee and want to marry you need to provide your valid legal documents (Ausweis, passport, Non marriage certificate and birth certificate from your country (legalized/ authenticated by German Embassy in your home country. When you have receive this then you translate the documents to German language.

NB*Again what stopped you from renewing your resident permit? Why did you spoil your case? Others are out there waiting for years for it. How are you sustaining yourself?  A passport only without visa is considered invalid. You are illegal.

The moment you tell Standesamt you want to marry they will contact ABH and by law Standesamt will collect your passport and Ausweis and submit to ABH automatically. Also the day you told Standesamt your marriage plans BAMF will know this automatically. Its a linked chain. In that process if you had not received your answer from BAMF they will tell you to exit Germany.

Once you have submitted all legal documents to them then you are be given further instructions to pay marriage fees. You will be then given back your passport etc when you apply for resident permit only by ABH.

Wish you the best

xx

Comments

Hi Simi,

Thanks for your detailed response. As I said, other than my passport I don't have any valid document but Standesamt still accepted our marriage application and I already paid my marriage fee and about to get married in June. My only concern is that, if I am going to get any trouble with Ausländerbehörde when I'm going to apply for residence permit here. That is my only concern after my marriage is done.
Thanks.

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Like l said if you only have your passport without a visa it means you are illegal.
•You didn't answer why did you not apply for a new resident permit?
Your passport in Germany is only valid if you have a visa. When you apply for a resident card they ask for your passport and your passport number will be included on your card.
 I am pretty sure they is mistake from Standesamt or you gave me forged documents.
•Yes you will get in trouble from Standesamt and ABH. Believe me once a mistake is done on their side they will play a blame game on you.

At ABH when you apply for a resident permit through marriage they will ask for your passport (if they haven't receive it from Standesamt) and your valid resident permit which you don't have.  Again any lie you make against ABH will be considered a crime. Please contact a lawyer immediately before the wedding date.

Answer 2

Thanks for your response which relieves me from some negative thoughts and anxiety. But, what if they start arguing with the fact that I was illegal for 2 years?
What can be the consequences?

Best wishes.

Comments

You are welcome. The best thing is to contact your lawyer.