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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
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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
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!
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.
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
Thank you for all your replies. They are very professional and on time.
You're welcome.