Help, I'm a prisoner of German Bureaucracy

• well at least as an american i am used to this kind of self-important, overly uptight paper pushin red tape, but dammit, i can't seem to find a clear answer as to what i must do to stay. i came to germany 2 months ago to be with my boyfriend (we met in california this past fall) and went to the Ausländeramt within my first week here to register for a residency permit and were told that it wasn't necessary, the international laws had changed and i could stay as long as i liked, BUT if i wanted to work i would still need to obtain a work visa. okay, fine, we thought, no big deal, i set about learning german so that i could find a job eventually. it seemed too good to be true, but we're in love so it seemed to make sense somehow. however, after several friends and eventually his parents, expressed their doubts as to the authenticity of this information we decided to look into it some more. Upon our second visit to the Ausländeramt, we met with a different woman, who fit the profile of underpaid, harrassed, government employee much better, in short, she was a bitch. she contradicted everything that we had been told by her co-worker (who sadly wasn't there this day), as well as everything we had read in the german handbook, or manual, which is government issued. To make a long story a little bit longer, she told us that i would have to leave the country in a month, that i could not obtain a residency permit without first having a job. a fiance visa was impossible, she said, unless obtained through my own country. she also said all of this in german (even though we had heard her speak english to another poor sucker) to my amiable boyfriend who doesn't do well with aggressive confrontation. thus, i was not allowed the opportunity to, ahem, engage in conversation with this woman, who even when i directly questioned her in english, still responded in german. needless to say, we left the Ausländeramt that day, with little satisfaction. so here are my questions:
  
  If I have an employer willing to hire me, can i stay now, or must i leave and return with a work visa issued from the german embassy in u.s.?
  
  Is it possible to be employed without first obtaining a residency permit?
  
  Does a fiance visa exist in germany, and if so, can it be obtained while i am here now?
  
  If i have to leave, can i just go to switzerland for a short stay and return to germany for additional 3 months as a tourist?
  
  Keep in mind, i am not rich, i am an artist (i am also researching possible international artist-in-residency opportunities), and i am here so i would like to spare the expense of another round-trip ticket, not to mention i gave up my apartment in a fit of true love spontaneity. i am 33, so this is not teenage infatuation. we will find a way to stay together. we want to marry, but would prefer it to be for love and not the convenience of citzenship. any help would be appreciated. danke!
  
  gina

  18 Mar 2005, 05:18 Anonymous

Replies

• Maybe this helps

  Hi Gina,
  
  just a few answers to your questions as far I know:
  1) There is no fiance visa in Germany
  2) As an American, you definitely need a residence permit / work visa to start your job.
  3) The question of going home is indeed a little crazy. In theory, you cannot apply for a visa (in your case a work visa or residency, whatever you call it) from within Germany, so you have to go abroad first and apply for it in a Germany embassy. That doesn't have to happen in your home country, you can apply for your visa in any German embassy outside the Schengen area (See JL guide for info on this one).
  
  If you have a job offer, I would strongly advice you to get a lawyer to get this stuff settled. This might cost you a little money, but it's definitely better than getting insane with these useless officials.
  
  Here's the URL of one lawyer: http://www.rechtsanwalt-ave.com/, but there are many more around who are specialized on immigration.
  
  Good luck and don't get insane!!

  Anonymous 21 Mar 2005, 11:35 - Report

• Gina's statement

  May I just ask for a straight answer to what Gina mentioned in this thread? Is it or is it not true, that International Laws have changed and as an American you can stay in Germany as long as you like without a VISA, as long as you are just staying and not working....??????????

  Anonymous 21 Apr 2005, 03:15 - Report

• Americans in Germany

  Hi Gina,
  
  ad 1.) No, you do not have to leave, if you have the employer sponsoring you within the frist three months. Otherwise you will have to get married (within the three months) or leave.
  
  Ad 2) Is it possible to be employed without first obtaining a residency permit?
  No. Aboslutely not! A working permit demands a prior or simultaneous residence permit.
  
  ad 3) A fiance visa exist in germany. Somebody wanted to fool you!
  
  ad 4) yes. but you can only reenter for another 3 months after a half-year has passed...
  
  Don't take this relationship at the foreigners office personally. They are know not to be nice and foreigner's friendly.
  
  Alexander von Engelhardt
  www.rechtsanwalt-ave.com
  
  P.S. If you are interested you can register for free legal newsletters just by sending me an email at [email removed]

  Anonymous 09 May 2005, 05:04 - Report

• Go back to your country

  f***ing americans!! don´t come to germany, stay in your shitty country!!!

  Anonymous 15 Jun 2005, 09:32 - Report