Hello everyone,

As a last hope I am posting my first ever query on this website. Our situation is as below:

1] I am an EU Blue card holder of Germany valid until 2019 and I am working in Berlin
2] I got married in December 2015 and applied for a Family reunion visa for Spouse for Germany in December 2015 from Mumbai Consulate.
3] Long story short after waiting for 6 months (In May 2016) we were told that it would take another 5 months for the visa to process which was unbelievable.
4] I had plans to go to USA in coming December 2016 so I talked to the visa officer in Berlin explaining her my situation and said her that I have no long term plans for Germany so we cannot wait for 5 months and instead would like to cancel Spouse visa and apply for Tourist visa. 

Even she aggreed that it is the right thing and put a remark on the Spouse visa stating same. Back in India my wife canceled Spouse visa stating the same reason.

5] After that we applied for a tourist visa (09 June 2016) and I also sent "Verpflichtungserklärung"  formal obligation letter. We mentioned reason of the travel and also reason of pulling back spouse visa and applying for a tourist visa (stating that I plan to move to USA by Nov/Dec 2016 and that we want to travel Europe in between that)

6] On 14 June 2016 we got the reply from Mumbai Consulate office that the tourist visa is rejected because
"The information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable"

We can appeal against the case but I dont know how much more time it can take and whether it will be successful. At max in the appeal I can provide the consulate the offer letter I hold from USA so that they surely would know that I have plans to go to USA.

Its been seven months in total that we are struggling for the visa and we have lost all the hope. Infact now I have reached to a stage where I might have LEAVE Germany because of this and go back to India as there is nothing more I can do .

I thought before I quit my job and go back (which I dont want to go as I made a lot of effort to stay here and bring my family) I should post my query here and see if there is anything I can still do. Should I appeal with the offer letter and how much time will it take? Is it worth to appeal as well?

Note: My parents got the tourist visa of Germany for 3 months based on my Invitation but the same documents did not work with my Spouse.
Also, before I move to USA I was hoping that me and my family could travel across Europe conveniently as I cannot go to USA before December 2016.

Any help would be really really appreciated 

Appeal with all required documents. This time it would not take that much time. Spouses of any kind of work permit holders do not get visit visas. You would have gone through several posts on this I believe. Anyway, try your luck second time...

Thank you so much for replying.

So it means my spouse just have remote chance of getting tourist visa as I have EU Bluecard?
The remonstration has not timeline and it could take weeks so is reapplying wiser or remonstrating and waiting for unknown time?

As I can see this, Spouse and tourist visa were the only two visa which I could have tried and if these do not work then even I dont know what else could be done.

Fresh application would be much better in any case. Yes, you have to choose any of the two options that are available.

Dear Abhi,

sorry to hear about your ordeal. I dont know if you already asked in this forum before cancelling your wife's long-term visa application, but i would have strictly recommended to have patience and refrain from any such move. 

Now coming to your query, since you are living in Berlin the best option is to contact the Auswärtigesamt (Foreign Office) in Berlin, make an appointment with the contact person responsible for German Consulate in Mumbai. Explain the person politely about this mental and physical strain you have, being away from your wife for more than six months and ask him what proofs would satisfy the visa officer. Also you have an option to file a direct appeal with Verwaltungsericht (Administrative Courts) in Berlin, so dont forget to ask Auswärtigesamt which is the best way.

Here is once again the summary of your options;

1- Remonstration appeal with German Consulate in Mumbai, if denied again than you can file an appeal at the Administrative court in Berlin.
2- Direct appeal at the Administrative court in Berlin

Good luck and keep us posted.

Best regards,
Raj++

P.S:- this is not a legal advice

Thank you for your quick reply

Hello Raj,

Thank you very much for taking time out and replying to my post in this troublesome time.

Few things I want to ask based on what you mentioned:
1] I did not ask on this forum before cancelling the visa. I was hoping that as I talked throughly with the visa officer and also that she put a remark on the visa regarding my future plans it should be fine.

2] The German Consulate at Mumbai are never co-operative and are extremely rude even when asked with simplest of questions.

3] My spouse did not had any interview in Mumbai. For tourist visa she just submitted the documents and got a refusal letter. There is no point of contact mentioned anywhere in the letter. Infact the letter just has a reference that we can appeal against this decision in Mumbai and also in Berlin (but did not tell how and which point of contact, emailID etc). SO, I will have hard time knowing this, taking an appointment if possible and then proceed considering Mumbai office is so not co-operative

4] When asked regarding remonstration to Mumbai consulate, they themself said that there is no timeline as to when I can hear back on my remonstration appeal and that it could take a long time. They said that My spouse can reapply as well if we decide not to remonstrate as this could be quick.

5] Should we reapply or remonstrate in this crunch situation

Most importantly, the ONLY reason for pulling back spouse visa and applying for tourist visa was that fact that I do not have long terms plans here as I am planning to move to USA by October 2016 and spouse visa was taking time beyond 01 Novembere 2016.

We mentioned the same at the time we applied for tourist visa but we did not provide any proof that I would move to USA.

If we provide my signed employment contract with USA employer as a proof of our plans in reapplication or remonstrate could it make any difference (I know no one can say for sure but just want to know will it add weight ot our application)?

Could it lighten the fact that tourist visa would be more meaningful for my spouse given my plans ?We also would mention that we require 3 months visa as my wife has not seen me since a long time after our marriage and so she could spend some time with me and travel across Europe and that she would return to India after visa tenure as she also needs to apply for dependent visa for USA from India and preparations to move there. Is this reasoning proper?

Please help!!!

Hello Abhi,

here is the link for Auswärtigesamt in Berlin;
https://www.auswaertiges-amt.de/DE/Service/Kontakt/kontakt_node.html?https=1
Kontakt
Telefon und Fax:Telefonzentrale: (24-Stunden-Service): +49 30 1817 0
Bürgerservice: (Mo bis Fr 9.00 bis 15.00 Uhr): +49 30 1817 2000
Telefax: +49 30 1817 3402
Postanschrift:
Auswärtiges Amt
11013 Berlin
---
Please call them and explain them calmly that "your name is XXX and you are working in Berlin since X years, holding a Blue Card and an appartment big enough for 2 people, a salary good enough to afford your living expenses. You invited your wife and that your wife's visa was rejected at German Consulate Mumbai. They informed that you have the right to appeal in Mumbai or at Verwaltungsgericht in Berlin and before you can decide your next actions, you wanted to know what documents could satisfy as a concrete proof...." They will immediately connect you to the person responsible for Mumbai and/or if not currently available they will provide you with his name, telephone number and email address.

They are very nice people, just be polite and friendly with your queries and cheer up soon your wife will be here in Germany!

Thanks a lot for the quick reply. I will try my luck by connecting with them as you suggested.

Hello everyone,

I finally have an update to post here and hope that it would be useful for other people.

After cancelling Family reunion visa and REJECTED tourist visa of Germany for my spouse, we decided to reapply (NOT remonstrate) for tourist visa with few more documents (USA offer letter, USA work permit lottery pick up reciept and a detailed covering letter) to the German consulate Mumbai.

After waiting for a week my spouse received the passport with Germany tourist visa STAMPED on it for 90 days.

It was finally so relieving that all the hard work did paid off.

Thank you everyone for your valuable help and suggestions when I badly wanted.

Congrats Abhi!

Thank you so much

Hi Abhi..urs is a really chilling story..I have been waiting for my wife's visa now for 5 months. Could you tell me whether they gave any reason to why it will take 5 more months to process the visa even after waiting for 6 months..
I have never read such a situation and I cant understand why noone else asked you about the reason.

So Abhi,
What happend finally? Were you both joined together in Germany or else you preffered USA instead of Germany ? Please share your experience.