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Marriage to a foreigner refugee. submitted by Auna in Legal advice

Hello . My fiance refugee and he had no documents. He is now in Germany. I am a citizen of another country, live in the place of his or her nationality. We want to get married and live in my country. What do we do? Where to go?

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Hi @auna, perhaps @marcel or @danny might have some useful info for you . Let's research further. Best, Paolo
Paolo (Wefugees)
Thank's
Auna
Hi Auna. Well marriage in Germany may be difficult for several reasons: a) You need to be both present at the German office for marriages (“Standesamt”) b) In general documents like passport and birth certificate are needed. Exemptions can be made but it is a difficult process. c) If he is still in the asylum seeking process you will be married according to the law of your home state: he then needs a certificate of your home state as well that the marriage is valid there (Ehefähigkeitszeugnis), exceptions can be made in theory by application to the local High Court (Kammergericht Berlin), the application is made at the office for marriages (“Standesamt”)  at what stage of the asylum process is he? If you both intend to live in your home country it may be easier to marry there?
Marcel (Lawyer/Rechtsanwalt)
Hi, Paolo. Thank you very much for the advice. I understand that the situation is complicated. Yes, we are to be married in my country is easier, but it can not go to Germany and to cross the border without a "travel document". Lack of this document does not give me the right to send him an invitation to the marriage. Now he runs an integration course and is in a refugee camp. It turns out a vicious circle.(((
Auna
Hi Auna. He should receive a provisional travel document once he has gone through the asylum process sucessfully. Has he applied for asylum? By the way which country is he from? He could then travel to the country where you live with the provisional travel document. However , there is a risk that his permission to stay in Germany will be revoked in case he returns to the country he is fleeing from. I am sorry I see no simple option in your case. I guess the best option for you in the long term would be for him to get a permission to stay in Germany. Then him marry you at a place different from where he is fleeing from and later on apply to bring you as his wife to Germany. This, however, is not possible immediately, only once he receives a permanent permission to stay, at the earliest 3 years after having received his preliminary permission to stay. Pls feel free to ask further if anything is unclear or in case I misunderstood something.
Marcel (Lawyer/Rechtsanwalt)
Olsha thanks for the tips. You are doing a good job and gives us hope. He is originally from Tunisia, currently in Germany (Chemnitz camp bezhentsev-) .I citizen of Ukraine. I hope that my fiance will receive the documents and will be able to come to Ukraine. Once again thank you for the valuable information.
Auna
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by Paolo (Wefugees)

::: From @Marcel :::

" Hi @Auna.

Well marriage in Germany may be difficult for several reasons:

a) You need to be both present at the German office for marriages (“Standesamt”)
b) In general documents like passport and birth certificate are needed. Exemptions can be made but it is a difficult process.
c) If he is still in the asylum seeking process you will be married according to the law of your home state: he then needs a certificate of your home state as well that the marriage is valid there (Ehefähigkeitszeugnis), exceptions can be made in theory by application to the local High Court (Kammergericht Berlin), the application is made at the office for marriages (“Standesamt”)

at what stage of the asylum process is he? If you both intend to live in your home country it may be easier to marry there? "

--- re-posted as answer by @Paolo only to make it more visible and help with a clear formatting) ---

This answer has been edited
6 comments
Thank you very much for the advice. I understand that the situation is complicated. Yes, we are to be married in my country is easier, but it can not go to Germany and to cross the border without a "travel document". Lack of this document does not give me the right to send him an invitation to the marriage. Now he runs an integration course and is in a refugee camp. It turns out a vicious circle.(((
Auna
(Lawyer/Rechtsanwalt) Hi Auna. He should receive a provisional travel document once he has gone through the asylum process sucessfully. Has he applied for asylum? By the way which country is he from? He could then travel to the country where you live with the provisional travel document. However , there is a risk that his permission to stay in Germany will be revoked in case he returns to the country he is fleeing from. I am sorry I see no simple option in your case. I guess the best option for you in the long term would be for him to get a permission to stay in Germany. Then him marry you at a place different from where he is fleeing from and later on apply to bring you as his wife to Germany. This, however, is not possible immediately, only once he receives a permanent permission to stay, at the earliest 3 years after having received his preliminary permission to stay. Pls feel free to ask further if anything is unclear or in case I misunderstood something.
Marcel (Lawyer/Rechtsanwalt)
Olsha thanks for the tips. You are doing a good job and gives us hope. He is originally from Tunisia, currently in Germany (Chemnitz camp bezhentsev-) .I citizen of Ukraine. I hope that my fiance will receive the documents and will be able to come to Ukraine. Once again thank you for the valuable information.
Auna
Search results for "I'm a refugee and my future husband is a German citizen and we want to get married how long it take for the government to approve our married after submitting our documents... My refugee status had not been rejected?"
Lady'E
Hi i applied for a residence permit in germany cos i have a baby with an italian who has lived here for a year. The baby is italian and my application was rejected. So the father and i have decided to get married. Please is there a possibility of getting a stay here in Germany through the marriage.
Vesty
Hello @Vesty and welcome to our community. In short: It is possible for two non-Germans to get married here. Keep in mind that you only get a residence permit for Germany if you marry a German citizen. But I don’t know what your options are if you get married in Italy - maybe there is a possibility to get a residence permit for Italy by marrying a citizen. If you have further questions I’d recommend that you open up your own thread to ask them. That way you’ll probably get more answers specifically fitted to your inquiry. Best regards, Thorgen
Thor (Wefugees)
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