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I want to know the possibility of my marriage submitted by Dihno in Legal advice

Before I got a rejection letter from Bamf.. I was recently applying for passport for my marriage issue, and some other documents that I was ask to bring for the marriage and in this time I received a letter to leave Germany or make appeal in court which I did and my case was is in court, I got a job and I went to get a working permit the woman in the office she asked me if I have a passport that it was the new law that if you want to work I said yes but I am using it for marriage preparations and she ask me for the copy which I did and she gave me 3months to bring the original and with also working parmit for only three months.. I told her I don't know if I will be finish by then she ask me to sign to bring it in three months which I did, and I was not able to finish submitting the documents in the city where I wanted to marry because of the papers I was ask to translate them to Deutsch language within that three months, I went to renew my papers because the three months is finish,, she ask me again where is the passport? I told her I am still making use of it I am not done, she refuses to give me working parmit in the sense that she still have my copy, she gave me normal allowance because my case is still in court I got 6 months parmit without working, then on the 4th month my the grace of God I was able to summit the whole papers that was required and now .. The city that I want to marry said they will ask for my file from my city which they did already, and then also they have sent all the documents to my country.. and then they said all the papers must be sent to my country that will take 6 months for verification before I will be allowed to marry.. Now I am afraid because if I am given them my original passport maybe I will not marry again or it is not necessary now I should wait until my papers are back within the next few months that I still haven and again if I have appointment in court and they said No to my asylum do you think I can still marry I mean before my papers Return or when I am married do I need to still give them the passport... Please I will be glad to get am answer from you thanks..

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Dihno
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by Thor (Wefugees)

Hello @Dihno

Thank your for your question and welcome to our community!

If I understood you correctly you asked three questions at the end of your post. Let me try to answer them one by one.

1.) You send your original passport to your home country in order to get a verification that is necessary to get married here in Germany. Now, should you wait until the papers come back or is there something else that you can do?

As far as I can see there is probably no other option than waiting for the documents to be send back to you. Usually you can’t speed up the verification process so you have to rely on the authorities involved.

2.) Will you still be able to get married before the papers returned in case there is a negative outcome on the asylum case?

In short: no, to me it doesn’t seem that you can get married without your verified documents.

That’s why it’s even more important what result you get on your court case. Because your options for action depend on the status that you’ll get after the decision.

With a Duldung you can’t get deported so you probably have enough time to wait for your documents to be returned. Then you hand them in at registry office and you can get married. BUT: If your missing documents were the reasons to give you a Duldung it could happen that it will be revoked as soon as you hand in a valid passport at registry office.

However, if it ends with a rejection you have 30 days to leave the country “voluntarily”. If you don’t do so you will get deported sooner or later. Only a marriage to someone with a right of residence (e.g. a German citizen) that is imminent can prevent deportation. But if your papers are not coming back for months, this won’t be possible :/

3.) Do you still need to hand in your passport at Ausländerbehörde in order to get a work permit if you already got married in the meantime?

First of all, I’d like to ask if you are getting married to a German citizen? If so, that will grant you a residence permit that allows you to work without the permission of Ausländerbehörde (with one exception that is self-employment). Then you don’t need to give your passport to them anymore.
If you are getting married to a non-EU citizen it won’t have any influence on your work permit. You will have to hand it in at Ausländerbehörde in order to get a work permit.

Feel free to ask further questions if anything remained unclear or if misunderstood you :)

Best regards,
Thorgen

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by Dihno

Thank you very much for your reply... First of all... Number (1) I want to get married to a German citizen, I have my fear on that which is,i have given them my passport copy at the auslanderbeoder and they want the original which I said I am using it for my marriage process,and they stop my work and now the marriage process is still going on I mean the verification is still going on in my country , and I am still having the original passport here in Germany, because they said at the standesamt that they will need it the day that I will get married but the auslanderbeoder wants the original before I can start working,,so is confusing me.... Should I give it to them or should I wait until my documents are back my fear is,, if I give it to them and they said no at the court they might send me back immediately or is that not possible until they get back to me from my county.. Thanks waiting to hear from you..
Dihno

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Hello @Dihno - I understand that you are in a tricky situation. May I ask how important it is for you to get a job? Of course it’s great that you want to make a living on your own and I understand that you don’t want to rely on money by the government. But if you can get social benefits while waiting for your verified documents to be returned, it should be manageable for you to bridge the time until your marriage that way, right? Because handing in your passport at Ausländerbehörde is risky. Not only will it simplify a potential deportation in the future, but also it will reduce your chances to get married because I’m not sure if other documents will be sufficient if you don’t have your passport (or other documents issued by your home country) to prove your identity.
Thor (Wefugees)
As you said it’s still possible that you get a negative result on your court case. Ausländerbehörde will then try to get your passport even more because they can’t deport you without valid documents. However, if you try to get married and you hand in your passport at Standesamt it could also happen that they tell Ausländerbehörde about it. It doesn’t necessarily need to happen (!), but it’s possible depending on the opinion of the officials there. Yet still, to me this seems to be the safer way because Ausländerbehörde will not see your passport before the marriage. And after that you can’t get deported anyway since you have the right to get an Aufenthaltserlaubnis (that, by the way, enables you to work too).
Thor (Wefugees)
Long story short: I’d highly advise against giving Ausländerbehörde your passport. Wait for your verified papers to return and try to get married using them. But maybe someone else from the community can confirm this advice or illustrate other options that I might have overlooked. Best regards, Thorgen
Thor (Wefugees)
Thank you very much I appreciate your advice... But one more question can I be deported with my passport photocopy.... Is that possible because I have given them my passport copy...???
Dihno
Hello @Dihno - I don’t think so. A copy on its own is not an official document. Even if it was a certified copy I’m not sure if that would be sufficient. @Marcel and @Steven what do you think?
Thor (Wefugees)
Thank you very much for your reply... Well I don't so too, but someone was saying they might contact my embassy to prove my identity.. What do you think?
Dihno
My Dear Dihno let's prey for the best only. Because stadtsam see your passport and they make the copy and give you back the passport book. Because I experience this case stadtsam can't accept only copy of passport without seeing the passport book. You can 100% believe they will inform auslanderbehörde. Just keep in good faith and prey for the best
Family
Alright thank you so much.... Please I want to know something again.... If your girlfriend is pregnant and she is Deutsche what is your benefits and from which month exactly do you bring her to auslanderbeoder... Please explain to me from when do I start doing this about it..???? Thanks
Dihno
You have to do the so-called “Vaterschaftsanerkennung” (acknowledgement of paternity) and declare that both of you want to take care of the child (“Sorgerechtserklärung”) at Jugendamt (youth welfare office). That’s already possible before the child is born. After doing so you can apply to get a residence permit at Ausländerbehörde. It’s called “Aufenthaltserlaubnis zur Personensorge”.
Thor (Wefugees)
Am glade thank you very much
Dihno
I'm glad to hear that I could help you :)
Thor (Wefugees)
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