Login|Contact Us
Question and Answer

German Law

Ask a German Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

I am a US citizen. My wife will work in Germany for US Army

 
hhvgoetz's Avatar
  • Answered by:hhvgoetz
  • Rechtsanwalt, LL.M.
  • Positive Feedback: 83.7 %
  • Accepted Answers: 56
Verified Expert
in German Law

Recent Feedback

Positive
Vert professional and on time.

Customer Question

I am a US citizen. My wife will work in Germany for US Army as active duty healthcare officier. Since the US Army may not sponser spouse to accompany her tour, I will have to get a Germany visa by myself. Could you advise me what type German visa I may be granded in this case and how soon I can get it if it is available for me.

Thanks a lot

 

Optional Information:
Country relating to Question: Germany

Already Tried:
nothing more than Internet searching

Submitted: 341 days and 12 hours ago.
Category: German Law
Value: 40 €
Status: CLOSED
Picture
Expert:  Fran-mod replied 341 days and 3 hours ago.

Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!

Customer replied 341 days and 2 hours ago.

Thank you for reply. Yes, I am still waiting for a quick answer from an expert.

Picture
Expert:  Fran-mod replied 341 days and 2 hours ago.

Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.

Picture
Expert:  hhvgoetz replied 341 days and 1 hours ago.

Hi,

 

as a US American citizen you have the advantage that you can get the final visa being in Germany a a tourist (90 days) at the local department for aliens (Ausländerbehörde).

 

However your spouse will need to have a flat big enough for 2 persons and to prove sufficient income to maintain both persons and you will need to obtain basic German skills (A1 European reference level) which is perfectly possible witihn 3 months being in Germany and attending a course.

 

You do need a permit (Aufenthaltserlaubnis) to stay more time than 1 year in Germany, see § 30 I Nr. 3 e AufenthG.

 

http://www.gesetze-im-internet.de/aufenthg_2004/__30.html

 

Regards

Customer replied 340 days and 16 hours ago.

Thank you for your reply. I have reviewed the provided link in German. After translated the page with Googld Translator, It looks better, but still not fully undestandable to me. Let me confirm the following with you and please correct me if my understanding is incorrect:

1.Financial support: is there any dollor requirement in this regard? e.g. US$5000/month?)
2. Living: is there any requirement for size of a flat, e.g. 100 squre meter?
3. My German language test: is the tested handled by the government or any local tester?
4. According to the link, it seems my wife must have a "perment residence permit" in order for me to get a visa to stay longer then one year (eine Niederlassungserlaubnis besitzt,). My wife is US Army officer, she will work there for 2-3 years only. What document should we provide in this regard?
5. From the link, it seems I can get either a visa for up to one year or a visa for over one year. What's the difference between these?
6. If I apply locally in Germany, usually how soon I can get it?

Thank a lot for you help!

Accepted Answer

Picture
Expert:  hhvgoetz replied 340 days and 7 hours ago.

It is obvious that you will not understand the law without knowing German. Google Translator will rather misguide you.

 

1.

No this depends on your costs for living an will be calculated individually according to the amount you have to earn in order not to get social state support (for example Arbeitslosengeld II / Hartz IV).

 

2.

This is also according to the rules for social support. 60 sm will be sufficient for 2 persons.

 

3.

You have to organize a course which takes an exam proving A1 European reference level. This is possible in any city an even the US for example via the Goethe Insititut.

 

4.

No, Niederlassungserlaubnis is only one option, see my explantion § 30 I Nr. 3 e AufenthG.

 

However I do not know whether members of the US army get a Aufenthaltstitel at all or there is any kind of exception which anyway should also allow to take the spouse with them with no further difficulties than other aliens would have.

 

I understand that US army members (and their families!!!) usually come here under the NATO Status of Forces Agreement (SOFA).

 

I recommend to contact the German embassy (or consulate) beforehand bearing in mind that it is still possible to get the permit in Germany as an US citizen (this is not the case for most other non European nationalities).

 

5.

I don't understand that. The law does not state anything like that. You will not get a permit longer than the stay of your spouse. They will probably give you one year.

 

Please understand that we are talking about an Aufenthaltstitel. A visa in German law is a completely different thing. The visa is emitted by the embassy and only allows you to enter the country. Then, you still have to apply locally for the residence permit (Aufenthaltstitel). However, by the emission of the visa for a certain purpose the embassy checks whether you comply with all the requirements.

 

As a non-US citizen (including a number of other nationalities) you cannot enter into Germany with a visa for 1 purpose and then change the purpose. You would have to leave the country again and apply for a different visa. In your case you can enter as a tourist and change the purpose of your stay being in Germany.

 

6.

If you meet al requirements and can prove them the will say OK instantly. As we now have a new electronic card for the residence permit the emission takes about 6 weeks. However the authority will give you a provisionary thing if necessary.

 

Regards

hhvgoetz41049.3338696759

Expert TypeRechtsanwalt, LL.M.
Category: German Law
Pos. Feedback: 83.7 %
Accepts: 56
Answered: 5/20/2012

Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)

Ask this Expert a Question >
Customer replied 340 days and 2 hours ago.

Thank you for all your replies. They are very professional and on time.

Picture
Expert:  hhvgoetz replied 340 days and 2 hours ago.

You're welcome.

 
Tweet

3 Lawyers are Online Right Now

Ask Your Question Now
German Law Questions Date Submitted
My sister lives in Munich and has done for the last 15 years. 4/7/2013
How do I determine the appropriate monthly child support for 4/3/2013
Hello,I want to know what should I do about a situation that 3/30/2013
i have a x girlfriend that got pregnant moved to Germany 16 3/22/2013
For a Non-Disclosure Agreement, is German law better than French 3/18/2013
Hello,I am a british citizen living in Germany, where I 3/14/2013
I am a U.S. attorney who is outraged by Air Berlin ("AB") an 3/13/2013
I live in Canada and my ex partner (Canadian) moved to Germany 3/9/2013
This question relates to Child Support/Maintenance payments 2/10/2013
fringe benefit taxation for apartment rent in germany 1/30/2013
RSS
Next 10 >
Ask A Lawyer
Type Your German Law Question Here...
characters left:

Top German Law Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
215 Lawyers are Online Now
Type Your German Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan