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DirkBettinger, Rechtsanwalt
Category: German Law
Satisfied Customers: 131
Experience:  2. Staatsexamen
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I am US citizen who came to Germany on a tourist Visa. I applied

Customer Question

I am US citizen who came to Germany on a tourist Visa. I applied for an Au-Pair Visa and received a letter from the German government approving my application for a Visa after an appointment at the Immigration Office. However, my tourist Visa is now expired (only a few days ago) without having "officially" received this new visa. Will I still be allowed to stay here as an Au-Pair or am I now an illegal, subject to deportation?
Submitted: 2 years ago.
Category: German Law
Expert:  GSenmartin replied 2 years ago.

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.



Did you file for the J-1 status inside the U.S. before your I-94 expired? The U.S. government has to approve your change of status to J-1. The visa you can only receive you are outside of the U.S. But you only need the visa to enter the U.S. Your I-94 is what matters. So did you get a new I-94 from the U.S. government because of a J-1 approval by the U.S. government?

Customer: replied 2 years ago.

Hi Thanks for responding,


I never applied for any Visa within the US and never received any J-1 or I-94 because, as a US citizen, I am allowed to travel to Germany for 90 days which they call a "tourist visa". I was told to apply at the German "Ausländerbehörde" (Immigration Office) for a visa from them. I have done so and the German government sent me a letter that says (translated):


The Deutschland Bundesrepublic is granting you a "Aufenthaltserlaubnis nach 18 Abs. 3 AufenthG"

To receive your request for an electronic Residence permit, an appointment is required. Please bring along a valid passport, passport photo, and Au-Pair contract.


However, I've already had an appointment in which I was pre-approved by the city (Essen). They lady in the office then sent my paper work to the Federal government. I was actually denied at first because I wasn't getting paid enough by my employer. We changed the contract, faxed it to the federal government, then I received this letter. I now am waiting to have an appointment with the Immigration Office in Essen. My visa (which I never applied for because a US citizen doesn't need one traveling to Germany) is now passed the 90 day mark but have a letter saying I'm approved for a visa yet haven't received it officially.

Expert:  GSenmartin replied 2 years ago.
OK. Sorry about that. I was a little confused because you said J-1. I will Opt Out and transfer your question to the German Law forum because your question originally ended up in the U.S. Immigration Law forum which is why I was confused. Sorry and please excuse the delay. Thank you.
Customer: replied 2 years ago.

No problem, and my apologizes for asking a question that doesn't fall under your area of expertise. Thank you for transferring my question.

Expert:  GSenmartin replied 2 years ago.
No apologies necessary. It was the automatic system that accidentally placed your question in the U.S. Immigration Law forum. No worries, but do not respond to this reply because it could delay the transfer. Thank you.

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