hi frds,

i m indian national. my gf she is geman national. we have been into relation since 2 yrs now and looking forward to make it work for our lifes. she is divorced and have one kid lives with her. she have custody for one. she do not have job and gets money from govt of germany for her and the kid too. we have been reading a lot but dont get a satisfied answer. we want get married and settle down in germany. i m confused where to get married as i have read indian cerficate for marriage is not so easy to legalise in germany. please help me where to get marry and will i be able to get family reunion visa once we are married. or does she needs to have full time job.

your help will be highly helpfull for us.

Dear Sameer,

You can get married in India under "Special Marriage Act of 1954". Visit the office of your local marriage registrar in your city and you can get some info there as well. They will give you a form that needs to be filled out by you and your gf. You need to ask the registrar the complete process of submitting the form. 

Your gf needs to visit local standesamt in her city and get her "ehefähigkeitszeugnis", birth certificate and a proof of address.

I don't have any idea if the current job status of your gf have any effect on the family reunion visa.

The other way is that you can apply for "fiancee visa" and can get married in Germany. 

Good luck !!

hi dhaval,

 i m really thankful for ur reply.... actually she had a word with some one from lawyer association in germany and told them all abt this and they said she can marry but the problem is she cannot invite me for family reunion and it will be a problem coz she is on govt money and have a kid to whom she needs to take care.... either she have to work on full time or she should not have any dependend i.e. kid.... so we felt near to immpossible situation.

ur answer gives us hope for sure.

please advise us more and now i will go to registrar to check all wht they need.

i hope it will not be a problem to legalise indian marriage certificate for govt of germany.

thanku so much once again. will wait for ur advise.

Dear Sameer,

I appreciate that you took the decision to get married to a divorced woman with kid and maybe you are really blind in love or you dreaming of a better feature in Germany.This is not answer to your query but let me make you aware about some realities which you have to face in future and what i am saying is with my experience after living here for a long time.As you said she is not working and in this case she wil be getting money from government also the father of the kid will be paying unterhalt till the kid is 18yrs old.Here there are many single mothers and some of them are exceptionally beautiful and they are desperately looking for a partner and the main reason is not love but for future of their kids.If these women were single they will never dare to even look at you believe me.Now as you said you took the decision to marry in 2yrs and i am sure most of your conversation will be on mails and chat and you never experienced the life living together when you face the reality.Now maybe you decided to get married so you can come here and work then even for experienced engineers its tough to find a work here and if you find a part time job 400 € basis then even with 3 part time jobs you only get 1200 € and after tax and expenses you are left with nothing and in India today even a chaparasis earn better salary.So in my opinion first you should try to find a job without getting married and then after you have a job and live few years together with her and then decide about marriage.I would say 2yrs without being together getting married is not a good decision.Also if you have any dreams to cheat her by getting married to come here and later getting divorced then this will cost you a lot and rest of your life you will be bound to pay half of whatever you earn to the woman and her kid this is a big risk of marriage here as after divorce men have to pay alimony and unterhalt to women.This is also the reason in Germany many men have a live in relation but not getting married as after divorce a woman can rip off your entire life earnings with Alimony.Please take this as a advice from your elder brother and rest you know what is right and wrong

@sandeepkumar
This is really disappointing and saddens many of us Sandeep.

First, please stop advising people on an open forum about whom they shall love and get married to.

In your opinion if a girl gets divorced may be because her spouse was a drunkard or abused own family member or what every the reason for God sake, the girl shall never fall in love again, never get married and leaves hope of bringing-up her child together with a father. You think all the girls who were married somehow trap innocent men left on the earth and and and.. It disgusts me even to start discussion on so intense personal/priavte lives.

Indian girls according to you get married in order to extort money from NRIs using 498a and German girls in order to get money and make kid's future..everyone in this world is after your money..Get some life.

I really wish that you read your own reply carefully and delete if you yourself find it offensive and inappropriate..after all you might be having sister and mother at home too.

hi sandeep,

thanks for all ur concerns brother but i m not in just relatiin with her we meet almost 2 times in an year and also we spend time at least 1or two weeks. i know her behaviour and it looks fine. i know indian market is better and also have good options.... i m mba and have normal private job but this dont allow me to pull her in india coz i cannot take full respomsibility coz here expenses will not allow me to take care of her amd she will also have problem coz she have a kid. but for sure i have a frd how got ,arried there he faces lot of challange and now after 2 years life if good for him after he learned the language n all. for me i do not have anyplans to cheat and to leave her. yea sure we look a good life in germany together. 

for me the problem is i really do not know weather after getting married in india will we be together, i mean will marraige will be leagalized in germany and will she be able to call me and we will live together when she do not have a job. coz my frd who got married his wife woroked and they got married in mauratius.

please help with this coz i m really scared if i marry her in india in special marriage act 1954 or 1969. and we will not be able to be together than wht we can do. 

thanks once again and will look forwad for ur

Hi Sameer !

I did get married in India and the marriage certificate was legalized by the consulate. The embassy did the verification process first and once they were satisfied, the certificate was verified. The whole verification process took around 12 weeks.  As I said in my earlier post, we got married under “Special Marriage Act of 1954”.

I don’t know if the current employment status of your gf might have any effect on your visa. It seems to me that the best possible place to ask this question is auslanderbehorde and the consulate. You can try calling or writing an email to the consulate and try to find out the answer to your query. Your gf should call the auslanderbehorde in her city and ask them this question in detail. Come to think of it, I guess it is better that she visits the auslanderbehorde in person and get some answers.

@sandeepkumar
I second the notion suggested by tonygill. That was really offensive thing to say.  My wife is a German woman and she did look at me when we first met and guess what, 11 years later, she is still with me. Sometimes I wonder why but let’s not tell her that !! :-)

I take umbrage in your basic point. That was really repugnant thing to say and I sincerely hope you remove your post. 

@tonygill I am really sorry if you misunderstood my post and i have never mentioned that divorced women are bad or anything.My only intention was to make him aware about the reality of life as many people from India especially from state of Punjab leave their families,job and sell land hope of finding a better feature in Europe but things are different here and thousands of them have no options of going back and suffer.So i only wanted Sameer to know the reality and especially getting married with a divorced woman with kids and no job this is really challenging.Also please note that here every 3rd marriage ends up in divorce so divorce is not a big issue here.There are also many single mothers having kids from different men and this is also not a big social issue here.So i only wanted him to be awae about the social and cultural issues which he can only experience when he is here and not from words of any friends or on forum.
@Sameer you can invite her to India for a month and get married as per Special marriage act for which she need to stay there for 30 days and later get the marriage certificate attested from respective authority and the apply for FamilienNachzug visum and the embassy will check your previous marriage status and everything and after 6-9months you get a visa.I hope that helps

Hi,

Thanks once again for all your help. I got your point that I should collect information from here itself from the registerar this weekend. And I have spoken to her and we have got clear with lot of things now. I asked her to go for auslanderbehorde. We will see what happens there.

1.Do I need some lawyer to help me doing all documenting?

2.Is it neccessary for her to be in India for 30 days coz she cannot come for so long, Or is it possible I filled out the form and than she come some days before the marriage date?

3.And is there anything for the location that I have to marry only from the place I belong or I can marry in any state in India?

And

Hi,

I have been reading abt the foriegn marriage act and special marriage act and both are different.

Foriegn marriage act is for those where either party is Indian and other party is Foriegner.

Special Marriage act is for people from different religion.

So the question comes Wht if we have same religion, do we need to go with special marriage act or Relgion(Muslim or Christian) marriage act or Foriegn Marriage act?

For getting married under the special marriage act

a. Both have to be present before the registrar/magistrate when the 30 days notice begins?
b. Both have to be present when the marriage is solemnized.

Ensure all documents are attested by a gazetted officer. The acutal documentation depends on the city where you get married. Normally you have to marry in the state of your actual residence. That helps .

You could hire a lawyer but hire someone with expertise in this.

Anyway ensure that you have your birth certificate becaues that would be critical during your visa process to Germany. Class X marsheets are not valid. If you dont have one, begin the process of gettin one through a formal process with all the steps being followed.

The minimum notice period for court marriage is 30 days however it can be longer depending on the availablity of the registrar/magistrage. So be prepared for a delay of few days.

In addition, in cities like Mumbai, you get the marraige certificate after few weeks or months and hence you should be able to use contacts to get the certificate asap.

Hi Sameer,

Please verify my points with a lawayer, but wanted to save you from troubles at a later stage. Any wasy congrats .. Please get married as per the special marriage act and civil laws it will help u in getting ur visa smoothly.

1) Paying and engaging a lawyer will help you in two things... your documentation will be perfect and lesser amount of time will be spent by both of you on the said two days..notice date and the marriage date.

2) It is not only thirty day stay in India by one of the party but thirty day stay in the particular district in India immediatly preceding the the date on which such notice is given. Read this section 5 of the Special Marriage Act,1954:- Notice of intended marriage. - When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.

3) The law is little gender biased as I inferred from the way it is  . The location has to be either the location of the marriage or the birthplace of the groom (not the bride).

Some more points-

The very fact the Civil Marriage in India under the Special Marriage Act, 1954 is duly recognized by not only India but most of the foreign countries. The Immigration departments of foreign countries & home department of India with regard to passport law/rules legally recognize the Valid Marriage Certificate you get after this marriage is solemnized by the Marriage Officer/Registrar in presence of three witnesses, & there after properly registered

Foreign marriage act is for marriages at foreign land and then u want a marriage officer in iNdia to register it. Why to increase your trouble? The consulate generally investigates marriages in India so it will be a positive point if u get married here.

These are just some perosnal points. please consult a lawyer.

Regards,

Hi Padawan,

I understand all what you wrote...Sincerly thanks for all your advice.

I understood all I need is to get married under special marriage act 1954.

"2) It is not only thirty day stay in India by one of the party but thirty day stay in the particular district in India immediatly preceding the the date on which such notice is given. Read this section 5 of the Special Marriage Act,1954:- Notice of intended marriage. - When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given."

In this She need not to be here, If I only I fill up the form for "Notice of intended marriage" Notice of intended marriage"And she do not come for this time and I stay in the district for thirty days, If she comes someday before the solemnizing of the marriage will that be okay? 

"3) The law is little gender biased as I inferred from the way it is  . The location has to be either the location of the marriage or the birthplace of the groom (not the bride)."

As I belong to a district in Uttar pradesh and I work in delhi. I know it is hard to find things in district of uttar pradesh in comparission to delhi,  Will this be Okay If we do it here in delhi or I need to marry in the district where I belong and got birth?

And Please answer if anybody know, Does the employment status of the citizen effects the approval of Family reunion visa?

Hi Sameer,

I will suggest please get in touch with a lawyer. These doubts can only be clarified by them. Anyways Bikash earlier has already given some good points.

1) both of you need to be present while issuing the notice as well as on the day of solemnizisation of the marriage.

2) I mentioned the condition the marriage place should fall under the jurisdiction of the marriage officer or your birthplace should be that place where u intend to marry.

Sameer, I will suggest you to secure a job contract if possible before moving to Germany. There are lotsa unsaid criterias..acco space..minmum salary..etc.

Regards

Hi,

I met a lawyer today in delhi he says it is easy to get married and for sure she and me have to present in front of marriage officerfor notice of marriage and than after 30 days she and me have to be present for slomenization of marriage.

He say he will take care of everything like it doesnt matter if you marry in delhi even all your documents are from uttarpradesh. And he will do all apostile stamps from MEA.
He say it is hard if you do it all from a disrict of uttar pradesh coz you will require lot docments there and it will take time and money....
I asked him that hope there will be no problem because the embassy will do the investigation and I do not belong to Delhi.... he says no it will not be a problem, this confuse me, I hope he will not put me in trouble just for some money he want to earn.

And fees he says is 30,000 INR.

"Sameer, I will suggest you to secure a job contract if possible before moving to Germany. There are lotsa unsaid criterias..acco space..minmum salary..etc."

Please explain it a little bit because I do not understand what do you mean by I should secure a job contract before moving to Germany. And what does this mean, There are lotsa unsaid ceriterias.. acco space.. minimum salary.. etc, because my gf she do not have any job she gets money from govt for her and kid and yes she have a space.

HI Everyone!!!

Please have a look.

I have found something related to resident act germany....

Section 27
Principles pertaining to the subsequent immigration of dependentsIn its third point it says:

(3) Granting of the residence permit for the subsequent immigration of dependents may be refused if the person to be joined by his or her dependents is reliant on benefits in accordance with Book Two or Book Twelve of the Social Code for the maintenance of other dependents or other members of his or her household. Section 5 (1), no. 2 may be waived.

She asked some lawyer and they say still rules can be different anyone depending on situation. I am totally confuse with what to belive and what to do?

Although it is theoretically possible for your wife to sponsor you while she is on welfare (the cost of obtaining and translating all the necessary documents are very often a barrier for welfare recipients), I have to agree with the previous posters that you should improve your labour market prospects before moving here.


If you don't think you'd be able to support a wife and child in your own country, why do you think that it would be easier in a foreign one?


Your really shouldn't underestimate the difficulties of living on welfare in Germany and the goverment will often only subsidise your language courses until you reach B1. Although you'll be able to find low skilled jobs with only B1, you'll need much better language skills for management positions. Many binational relationships have been strained when the foreigner partner is not able to find a skilled position in Germany and you should carefully weigh your options.

Apply for a visa to matrimony in Germany

but you will not have luck to marry a woman who has no job and money from social services "Sozialamt" gets. The German Embassy (New Delhi) calls such people freeloader. Your gf needs to get work without social benefits, it also prescribes the legislature. 

Your gf can not give you sponsorship without income certificate from the employer.