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Am I going to get deported?

I can't find my marriage license!

Toytown Germany > Discussion forum > Germany-wide > Life in Germany
Edie
Hey all of you expert German immigration and bureaucracy experts---

I've been reading all the info I can find online and on other threads, but I'm wondering if any of you know what will happen if I try to obtain a residency permit without an original marriage license. If that made no sense, read on.

I am an American citizen, married to a Dutch citizen. We were married in the States about 18 months ago. My husband has a US green card and works for a US/German company here in Germany. We arrived 2 1/2 months ago.

We were told to register at a place here in Pasing within a week of our arrival. We went there the week we arrived and registered our address, and got a tax card, etc. We were told by the lady there at the office that that was all we needed to do.

Now, this is where I get stupid.

Do we still need to go to this KVR place to register further/apply for a residency permit, etc?

What happens if I do not have an original copy of our marriage license? (I thought I did, but I only have a photocopy.)

What happens if I overstay my 3 month tourist period without getting residency?

Am I going to get deported???

Please help if you know!

Edie
tom_a
Did you get a residency permit registered in your passport when you went to that place in Pasing?
Edie
No, I don't think so. I just looked through my passport and there is nothing but a stamp from the airport.
Kay
I don't know whether you need to register with KVR, but I don't see why you would get deported. You are here with your husband, he's employed, got a tax card, you've registered your address, etc.

Are you sure you need your marriage certificate to register for residency? When we registered (=KVR) all we showed were our passports. No-one asked for anything else... I'm not saying it's the rule, just what happened in our case.
Edie
@ Kay--

Another friend told me that, too. But on the German consular website, it says you have to have a bunch of documents including your marriage license, with an Apostille ( a special stamp from your State Lt. Gov). I have neither. And I don't know if the Dutch consulate would be much help, since we didn't register our marriage in Holland (we didn't know we had to). We were just clueless college kids! Now we're just clueless college grads!

We may just have to go there without it and see what happens.
Crawlie
Exactly. Your passports state you are married and I guess a photocopy of the marriage license will count for something. So what on earth have you done with the original???
Edie
@ Crawlie--

Well, you actually get two when you get married. One we had to submit when my husband applied for his green card. The other we had to submit so that I could change my name on my passport. I thought I would get that one back, but nope.

So, I need to apply back to the county I got it in, send it to the Governor's office for the Apostille, and then have it sent here.

I obviously should have dealt with this weeks ago, but here I am...
Kay
I would go with just the photocopy and see what happens. Even if they insist on the originals, apostilles and what not, they'll give you a provisional permit and a deadline by which to get it all sorted out. Or you might be lucky and get someone who's in a good mood that day!

By the way, can you get dual citizenship (since your husband is Dutch)? If you're planning on staying in Europe a EU passport would make your life much simpler. (I know, I know, just now you have other things to worry about smile.gif )
Darkknight
And since you are married to an EU citizen, I don't think they can deport you.
Edie
Kay--

I think that it is possible for me to get dual citizenship, I just don't know all of the details. We were told by a Dutch consul in the States that we have to be residing in the Netherlands (or a Dutch colony) to apply for citizenship. We'll only be here two years, then we'll go back to the states for grad. school, so just now I need the residency permit.
Darkknight
Plus the fact that the Dutch may allow dual citizenship, but you might have problems with the US, as they don't allow it... Or make your life a living hell to get it AND keep your US PP..
Edie
I'm not actually worried about being thrown into the back of a van and being deported back to the US, but I don't want to be an illegal alien, either.
Kay
Quote
...We have to be residing in the Netherlands...
Unquote

That sounds weird - to the best of my (non-professional) knowledge EU countries require a certain period of residency from foreigners (=not married to a national) applying for citizenship, but asking the two of you to reside in the Netherlands so you can get the passport? blink.gif I'd ask for a second opinion if I were you. Anyway, as you say the point is moot at least for now.
Edie
Kay--

You might be right. We just spoke to an appointed consul guy and he referred us to a German consul guy and anyway we need to get a hold of someone that really knows.
carpediem
Why don´t you just give the consulate a call?! Also, contact KVR - at least where I live, they are usally friendly and very helpful - but mind you, I don´t have to deal with the Munich-guys anymore, they were not always as nice...
boomtown_rat
How about just going to KVR. It doesn't take that long. You have to get a residency permit surely (the Pasing thingy is just registering you at your address I assume)
natasa
just go to KVR and see what happens. They never asked for my marriage certificate. So, I don´t see a problem there.
Edie
I wanted to offer a report on my KVR experience, especially for those who have yet to go:

I am an American married to a Dutch citizen, and was applying for a German residency permit.

I took the U-bahn to the Poccistrasse stop, and the signs in the station lead me perfectly to the KVR. I went inside the KVR building, up one floor to the "1st" floor, where the Auslander (Foreigner) department is. I went directly to the circular information desk and presented the receptionist there with a note written in German by a friend explaining that I am a US citizen, married to a Dutch citizen and I need to file for my residency permit.

She spoke excellent English and explained that my husband does not need any sort of permit, as he is an EU citizen. I, however would have to get a residency permit. I first had to fill out a form titled "Data concerning the rights of free movement for the Foreigners' Registration Office," which they gave me at this same info desk. I also received a number, and she informed me that I should watch the black screen above the waiting area until my number came up, along with the room number of the office I needed to go to next.

I waited about 10 minutes for my number to come up, and then went to the appropriate office. The woman there started speaking in rapid-fire German, but switched to English when we asked her to slow down a little. She also spoke good English and explained that my husband did not need any sort of permit, but that she would grant me a 5-year residency permit. She requested my husband's passport, my passport, and two passport-style pictures of me.

She then entered our information into a computer, made a printout on green paper, paper-clipped one of my passport-style photos to it, and sent me with the printout to the "Kasse" in room 1075 (on that same floor). Just so you know: the Kasse is not in room 1075, but next to it. You go to this Kasse first, where they took my green printout with photo, and my passport. They asked me the nationality of my husband, and gave me a number. Now, this is where you could really wait a long time if you aren't lucky.

Despite the fact that there were at least 25 people in the waiting room, I only waited another 10 min. at most, after which my number and the number of the window I was to go to appeared on the black screen in the waiting room. I went to the appropriate window, and they asked me to sign the finished permit. I signed it, collected the permit and my passport, and that was it.

It all took less than 45 minutes, and was free. Amazing. It took mountains of paperwork, over 10 months, intervention by my congressman after INS screwed it all up, and nearly $1000 in fees to get my husband's US green card, which is only temporary (2 years), after which we have to file all of the same paperwork, and pay all of the fees again for the permanent one!!!

So, long-live Deutschland!

Edie
Edie
Oh yeah, and as far as my marriage license goes, they didn't ask for it or any of the other documents I hauled along with me. Just my passport, my husband's passport, and two passport-style pictures of me. I also noticed that they have a photo booth right there in the KVR where you can get your pictures done for a few Euros.

So, I completely panicked for nothing!
boomtown_rat
great

QUOTE
How about just going to KVR. It doesn't take that long.

told you biggrin.gif
Edie
@ boomtown rat

You were absolutely right. I never knew it could be so easy. After the US immigration nightmare we went through with my husband's green card, I was being overly worried and cautious.

And thanks to all for your good advice.

Edie
SarahKT
Glad to hear that you got everything sorted out so quickly! smile.gif
Kay
@Edie

Glad to hear it all worked out fine and without too much hassle.

(I'm trying hard not to say "I told you so"! biggrin.gif )
jkamp
FYI - - I'm also an American married to a Dutch guy. And yes, you can get dual citizenship, the US has no problem with it. However, you do need to reside in the Netherlands for a period of time before even applying for it. However, if you have kids, they can get Dutch passports right away as long as you register your marriage with the Dutch government.

Good luck.
Tim Hortons Man
I seem to remember the only time I needed our marriage certificate was when applying for a work permint. Chris is a German citizen so we needed only to register at the rat haus.
spuzzum
Just for all people searching in the future on this topic, any person married to any EU citizen can work and reside with their spouse in any EU country without any requirements. You will need to register and may require a copy of the original marriage certificate plus the normal passport/photographs etc.

One other item which is really important, there are no fees associated with registering in any country. There is an agreement between the member nations cancelling all registration fees. This applies to Schengen member states, and am not certain about the new 12 states. If you and your spouse are moving say from Germany to Italy, it is best to go directly to the Italian consulate Hope this helps.
Edie
Thank you all for the info. and advice.

Next question: What do I have to do to be able to work? Is that possible?

According to Spuzzum, it seems I would have to do nothing, and that just by virtue of being married to an EU citizen I can work without any special considerations. But, others have mentioned getting a work permit.

So, if anyone could help straighten me out on this, that would be great.

Edie
boomtown_rat
I would have thought you require a permit but have no clue to be honest
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