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Aufenthaltserlaubnis

Hello everyone,
I'm from india and my girlfriend is German. We got married on 2nd August. She is pregnant with also. Now we went to ausländerbehörde after marriage to apply for aufenthaltserlaubnis but they said that you must go back to poland according to Dublin law. I had applied for asylum in December 2016 with my original passport. Can anyone tell me that what should we do now?

If Poland was the first EU country you entered before applying for asylum, the office is correct: You must return there due to the Dublin agreement.
If you now don't want asylum any more, but apply for a family reunion visa instead, you need to cancel your asylum application and apply for the other visa instead. Most probably that must be applied for in your home country, but maybe the office can make an exception since you're already here (provided you are here on any legal visa - otherwise this won't work!).

Like Beppi mentioned you will now have to go through a different process of getting a visa than getting asylum, which would only be allowed in your case in Poland. But officials in Germany are of course going to scrutinize any foreigner to determine if it is a valid marriage or one of convenience plus whether you can earn money and speak German. Like how is it that you met and then married a German woman while living in Poland?

And I suspect that the fact you were trying to get asylum there although from India makes you very suspect. This is because India is not on the list of countries seen as unsafe due to war or conflict. Asylum is a status given to people in danger of death from such things, not just to people looking for better opportunities. Thus the chance of being accepted, coming from India is very very low. Applications for asylum in the USA from Indians for example has risen over the last decade – but that doesn’t mean they get accepted. It’s basically an attempt to scam the system and takes away resources and clogs up the system for legitimate refugees and asylum seekers. For German officials it doesn’t sound good when they get a foreigner who had frivolously applied for asylum elsewhere. Thus falsely applying for asylum can have consequences. It is not for me to determine the legitimacy of such claims but I am mentioning how governmental officials tend to see things.

Anyway, here is a German Governmental site in English that gives most of the general rules for asylum. Not that you will be allowed to apply for asylum in Germany anyway but so that you understand the process behind

http://www.bamf.de/EN/Fluechtlingsschut … -node.html

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