Sign in to follow this  
Followers 0

Citizenship/Einbürgerung on marriage basis right before "separation"?

9 posts in this topic

Hi guys! So, I don't believe this specific topic has been addressed before. Here goes:

 

After three months of marriage, my husband (a German citizen) left me at my sister's wedding. It was devastating and entirely unexpected and it's made life very difficult for the last year and a half. My Aufenthalt is, as you might imagine, now dependent on the marriage. We have not officially separated yet, as I was holding out hope that I could apply for citizenship after two years. So, my question is: Is this possible? What if we get separated after I turn in my application, will that be a problem? I have just finished an MA at a German university and am currently unemployed - what are my options for remaining in Germany if citizenship is not an option? 

 

Here are some facts about my situation to help guide your response:

 

- I've lived in Berlin for five years now, going on six next month and we will have been "married" for two years in April

- I speak German fluently (I have a degree in German and an MA in linguistics)

- I am a US citizen 

- My "husband" now lives in London where he is studying

- My "husband" would be onboard with fibbing about our status, as long as it doesn't require much effort on his part

 

Let's ignore the whole "no dual citizenship" thing for the moment, that's a whole other can of worms. My questions are:

 

1. Are we at risk of facing criminal charges if our marriage is outed as a "fraud"? 

2. Does the citizenship plan sound plausible? 

3. What would happen if we DID file for separation after my application had been turned in? 

4. If I determined that this was too risky/not workable, or that I'd just rather have a divorce sooner, on what grounds could I stay in Germany? Surely they don't just kick you out?

 

I understand that this is a complicated situation and I appreciate your advice! Thanks in advance!

 

 

0

Share this post


Link to post
Share on other sites
8 hours ago, bhs_jjk said:

 

 

1. Are we at risk of facing criminal charges if our marriage is outed as a "fraud"? 

 

 

Yes.  If you husband is not living with you, then this will raise flags with the immigration authorities.  And while they might not have investigated yet, they probably will do as part of your application.  

 

8 hours ago, bhs_jjk said:

3. What would happen if we DID file for separation after my application had been turned in? 

 

 

It would be rejected.

You must inform the Amt of every change in your circumstances after you have applied and before you get your application approved.

 

 

As you have been here 6 years then you might be able to apply for residency already.  if you studied German then your language skills are obviously good enough (normally minimum B2 is required after 6 years), and you "just" need to show that you are very well integrated into German society.  This aspect is more open to interpretation, but seems to include being part of German clubs or societies or some other involvement in the local community.  If you can show this then you can apply after just 6 years.

 

 

 

1

Share this post


Link to post
Share on other sites
10 hours ago, bhs_jjk said:

- My "husband" would be onboard with fibbing about our status, as long as it doesn't require much effort on his part

 

First of all, let us be clear that you are not talking about "fibbing", but rather conspiring to commit a criminal offense.

 

10 hours ago, bhs_jjk said:

1. Are we at risk of facing criminal charges if our marriage is outed as a "fraud"? 

 

Of course.

 

10 hours ago, bhs_jjk said:

2. Does the citizenship plan sound plausible? 

 

No!

 

10 hours ago, bhs_jjk said:

3. What would happen if we DID file for separation after my application had been turned in? 

 

You are required to notify the authorities. You should also be aware that the authorities can revoke your citizenship up to 5 years after you receive it if they determine that you lied to obtain German citizenship (there are also plans to increase this timeframe to 10 years).

 

10 hours ago, bhs_jjk said:

4. If I determined that this was too risky/not workable, or that I'd just rather have a divorce sooner, on what grounds could I stay in Germany?

 

I don't know whether you can still change back to a study permit and then a looking for a job permit under §16 Abs 5.

 

10 hours ago, bhs_jjk said:

Surely they don't just kick you out?

 

There has been a lot of talk lately about increase deportations of criminals...

 

2

Share this post


Link to post
Share on other sites

You'd have to lie openly to the person going through your paperwork with you. They will ask specifically why your husband lives abroad. The paperwork includes the statement that the above information is true, with your signature.

 

So you'd have to be prepared to blatantly lie to a person asking you questions and to put your signature under these lies. You'd have to trust your estranged husband not to tell on you, if you have a disagreement now or at any time in the future. Consider the effect that a revelation could have on your career, even abroad.

 

This man got a 1500€ fine for telling lies on his application. This man got de-naturalised.

 

Chances of getting a job soon? You won't get in early due to being well integrated if you don't have a job.

1

Share this post


Link to post
Share on other sites
17 hours ago, bhs_jjk said:

Surely they don't just kick you out?

 

 

Why not?  It is the obvious remedy to deal with those who commit a crime for the purpose of entering / staying in a country.  Deportation is light.  Permanent exclusion is what typically happens in your own country:

 

Quote

 Even if the immigrants themselves are not prosecuted criminally, they will in all likelihood simply be deported (removed) and never allowed to return to the U.S.—not even if they later enter into a real marriage with a U.S. citizen.

 

https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-6.html

 

I too wondered about the strength of any commitment an estranged spouse makes.   Which extends to his family members (do mum and dad want a criminal son?), future partners (new lovers can be very sniffy about what the exspouse does), coworkers, associates and anyone else round him he blabs to, or who susses it out, of course.   Is your MIL primed for a grilling by the migration authorities?  Everyone got their stories straight?

 

I think the best thing might be to find a new husband perhaps?

1

Share this post


Link to post
Share on other sites

Hi guys, 

 

Thank you very much for your thorough responses. You are all absolutely right. I was in Amman for six months doing humanitarian work, which is why I don't have a job in Germany yet but hopefully that will come shortly (or possibly a PhD). I'll get a visa based on that and wait until I'm eligible for permanent residence. I certainly do not want to be part of a criminal investigation, even if the chances are slight. And the good news: I can get a divorce sooner! 

1

Share this post


Link to post
Share on other sites

All the better if you don't have to rely on any favours from your ex!
Were you deregistered during your time in Amman, though? Anything over 5 months and I believe you start again from 0 when it comes to racking up the years.

Probably good to go and ask how it will work!

1

Share this post


Link to post
Share on other sites

Hi Anne, I think it's after six months, but in my case it was only a little under five months consecutively and 2 weeks before that as a visit. It should be alright. 

1

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0