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German Law/visa for fiancée of US soldier in Germany

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Question
Andreas Moser,

I have one question for you. I'm in the military station in Germany and I have a fiance that is from Honduras. We have a baby together. I know that she can stay 3 months but is there a way for to stay at less 6 months or longer. we plan on getting marry next year some time. I been with her over a year now. So if you can help or point me in right direction it will be appreciated. Thank you

chris

Answer
Hello Chris,

that is a tricky situation indeed because you are falling through all the cracks of the German immigration law because (1) you are exempt from any immigration law due to the NATO SOFA and therefore don't even have any immigration status and (2) you are not yet married.

Honestly, the easiest thing would be to get married sooner than you plan to.

Other than that, you could write something in support of your fiancée's application for a 6-month visa, but it will still be up to the discretion of the German Consulate in Honduras because the type of visa is actually only a visitor's visa.
I would recommend that you point out how long you have been together, that you have a child together, that you plan to marry, that she never overstayed the previous visas. It might also help if you will still be stationed in Germany for a long time and can show that, as well as showing that you will have a place to stay and that you will take care financially. You could also sign an official declaration of financial acknowledgement ("Verpflichtungserklärung") which you can obtain and sign at the local immigration office in your town in Germany. This declaration will state that you will be responsible financially of your fiancée would overstay and would be deported or if she would apply for welfare payments. (These are two main things that Germany is afraid of.)

I'll be happy to help you set up such a supporting letter, but again I would need to caution you that you or your fiancée don't have any entitlement to an extended visa yet. Once you will marry, that will be a completely different issue of course.

Andreas Moser
www.moser-law.com
www.andreasmoser.wordpress.com

German Law

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Andreas Moser

Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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