generalmartok

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About generalmartok

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  • Location Germany
  • Nationality Timelord
  • Hometown Gallafrey
  • Gender Male
  • Year of birth

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  1. I think my wife would have had to purchase a ticket that is refundable under certain conditions. I am assuming we ended up buying a cheaper ticket that has no such protections.   Anyway, I have spent way too much stress and time obsessing about this. We decided to just let this go and be more careful in the future. Thank you all for your replies.
  2. I do not know how that would have played out. Yes, we were going to get married in Denmark but both my wife and I live in Germany. My sister in law was expected to come here so she can stay with us, then about 3 days later fly with us to Denmark and be there with us for 3 days in total, and then fly back to Munich, then spend the following week with us in Germany. Had she approached the Danish authorities for a visa, I assume they would have asked her where she would be living for the duration of her visit and the exact same thing would have happened but there would be a lot more holes in her story.  
  3. Thank you for taking the time to respond to me. And thank you for the wishes.   Also thank you @engelchen and the others for your responses.   I think we will just chalk this up to experience and let it go.   In hindsight though, I still do not know what I could have done differently (besides not book flights) to expect a positive outcome. We are indeed getting married in Denmark although we will effectively only be there for 3 days and the rest of the time before and after would have been spent here in Bayern. I see how to the visa folk this might not add up. Ultimately it was her that went to the actual interview and I don't know how she answered their questions and whether or not she was vague in her responses. In April, my friends were denied the visa from the Belgian embassy since they booked airfare to Brussels, but their bookings and main destination was going to be Amsterdam.   Cheers.
  4. But it does not make any indication of how much my salary is. The authority that denied the application does not know what my salary is. After engelchens last post I realized the document has a box that is ticked. If they had ticked "nicht glaubhaft gemacht" then I could agree with their decision.
  5. So since the first one took forever to get there, to be on the safe side, I had another made. The first one I unfortunately did not make a scan. The second one I did scan. The box "nachgewiesen" is selected. The first one meanwhile got to her before I even sent the second one. I can only assume that it was the same box that was selected.
  6. This is some helpful advice. Thank you. I will look at it tomorrow.   I actually had some good work related stuff happen yesterday and I think in light of the big picture, I think I will just write off the 800 euros to bad luck and move on. I did try to look for existing judgements on similar case, but clearly my search skills need some work.
  7. Thank you for your opinion. I do not see this as the same thing, sorry.
  8. On the grounds that the reasons for refusal cannot be substantiated. Lack of proof of finances : What is the formal obligation (Verpflichtungserklärung) for then? Lack of proof of intended return : Has return air tickets and a job back home Untrustworthy reason for visit : "Uh.. sister is getting married and I would like to attend the wedding"   Had there been no tickets, they could have very well denied the visa as well. Like it says here on this site in item 4.   What I am asking for is help with filing a claim without spending on a lawyer which apparently possible with the Verwaltungsgericht where is no Anwaltszwang.   What exactly does everyone find so offensive with my intent to seek justice for something I believe was unfair towards me? Ultimately the Beamten are also regular folk and are not infallible. The law allows for governmental agencies to be held accountable to procedures too. If I do not have a case, so be it. The court will dismiss the case and I will end up having to pay the costs and maybe the opposing counsel too. I do not understand the general dismissive attitude and animosity towards my post.
  9. The Rechtsbehelfsbelehrung says it has to be the Verwaltungsgericht Berlin.
  10. Maybe my wording is incorrect. I want to be either partially or fully reimbursed for the airline tickets.
  11. Hey guys,   I am looking to file a lawsuit and need some help regarding the process.   Backstory: The fiancee and I are finally tying the knot. We invited her sister (Nationality of another south east Asian country lives in Taiwan) to come be with us on the day. I went to my local Behörde and applied for the Verpflichtungserklärung. I sent it by post. Due to delays by taiwanese postal service, it gets there very late. Sister books an appointment and applies for visa. Asked to come back with additional paperwork within certain date. She goes back before deadline with required document. They take her passport and say visa will be issued in 8-10 days. Week later, visa is rejected. Reasons given are these. Date however on the visa letter is one day after she was asked to come back with additional documents. The reasons themselves are baseless. Number 3 is that they say she cannot prove sufficient funds because the Verpflichtungsgeber i.e. I do not have sufficient financial stability. While issuing the formal obligation here in Ingolstadt, I gave them three months payslips and moreover the Verpflichtungserklärung doesn't have any details of how much I earn. Number 8 is that her reasons given are not trustworthy. I am able to produce the confirmation of the Standesamttermin regarding the date of the wedding. Number 9 is that her intention to return at the end of the visit cannot be established. We booked airfare for her. She has a job back in Taiwan and produced a letter from employer and work permit (both required for application). It is too late to do anything like ask them to re-examine the application. It is my opinion that the application was not processed correctly. As a consequence, the fiancee and I are out a lot of money the most of which is from the airline bookings since they were a discounted price. I want to file a lawsuit claiming these charges. It is in around 800 euros. Now I would understand if they had some additional questions. Like why the nationality of the person is different than her current country of residence, or why her stated permanent address is different than her current country of residence, etc.   Query: I need to do this with the Verwaltunggericht. My online research says this court does not have Anwaltszwang, i.e. I can do this myself. My first question is, can I file a claim for damages? I do not want the court to direct them to grant the visa, because it is too late. I want the court to direct them to pay me damages either fully or partially, and the court costs. From this website I understand that as the plaintiff, I need to pay 3x the court costs in advance. I understand that the court costs are based on the Streitwert. Is my claim of these 800 euros in damages also the amount of this Streitwert? So according to the table, I would have to pay 3 times 71 euros so that's 213 euros, when I file the lawsuit? Then there will be a Hauptverfahren? Will I have to go in person or is this done by post? Assuming the lawsuit is dismissed (abgewiesen) will I have to pay additional costs?  The website doesn't say what I need to do next. Can someone please help? ( @2B_orNot2B @PandaMunich ) I understand any help I get from you guys is non binding and does not substitute professional legal advice I am still grateful nonetheless. Also, if there are those who think I should just let this go, I am willing to listen..   Have a great day.   Regards
  12. There's been a lot of useful advice already. So all I can say is good luck. Let us know how it goes. DO NOT let this a**h*** get away with anything. Also have a friend come over as a witness.
  13. I don't understand what you are implying. When you are already a holder of an EU Blue card, you are eligible for a permanent residency after having made 33 months worth of Pflichtbeiträge (§ 19a AufenthG Abs. 6). If you can show that you have German skills to the level of a B1 certificate, the requirement reduces to 21 months. That means producing a B1 certificate. And what does this have to do with your current question?   Edit : Now I understand. With 33 months the B1 certificate is strictly not necessary. I think anyway it will cost him less to appear for the exam and get a B1 certificate than to send an Anwaltsbrief to get them to correct their error. You can try talking and show them the exact reference to the AufenthG. Still off-topic though  
  14. After reading the stuff above, I withdraw my recommendation about getting married in Denmark since I do not want the OP to face any issues on my account. Unrelated to that, they did accept my birth certificate in original (from a nursing home in India from 33 years ago where they spelled my moms name wrong) as long as it was translated by a certified translator, for the naturalization and application for Perso and passport. For myself on the other hand, at this point I am going to go ahead with the Denmark option, because I do not want to undo all the plans this close to the actual date. I will however try to get it in writing that they will accept the danish marriage certificate for the purpose of changing name. In the future if they decide to insist on a Nachbeurkundung, I'll deal with it then. I am open to involving lawyers.