Seeking advice on my German citizen husband's Beibehaltungsgenehmigung and the 20 year

[MEMueller 0]

Hi,

 

my name is Jessica and I'm writing on behalf of my husband Matthias.  He's been having a crazy work schedule and I have plenty of downtime today so figured I'd ask the advice we're seeking. My Germany is unfortunately very limited so I will keep it English.

 

For some back story, my husband of 5 years is a German citizen (born and raised), came to the US as a minor with his mother and sister in December 1999. He has been a permanent resident/green card holder since, off the top of my head, early 2001 I believe. I'm originally from the New York City area and we met while I was going to school in Florida around mid-2006 where his mother and sister still reside in the Orlando area. We eventually moved to New York together where he has been working in construction since 2009.

 

Due to the cost of living, lack of solid benefits and proximity to his family, we are looking to return to Orlando, FL where my husband is planning to join the Orlando police department as his stepfather retired there and several old friends currently work there. Problem is, you must be a citizen. This predicament, and him obviously not wanting to remain a permanent resident forever, led us to consider the Beibehaltungsgenehmigung for potential dual citizenship for him.

 

The entire rest of his family still resides in Germany, including his father, and he has been visiting every other year in the past decade or so and more infrequently prior. This includes close ties to his uncles, aunts, grandmother, father as mentioned and old school friends. He also speaks German regularly of course and is very much naturally fluent, if slightly rusty on things like technical jargon at worst.

 

The NYC consulate advised us to read through the germany.info page to familiarize ourselves with the process and our first instinct was to search for a forum for people with experience here as some of the "requirements" seem nebulous although on paper it appears that he meets them? We are especially curious about this footnote about Germans who have been in the US for 20 years or more, as this applies to him as of last month (woohoo) and how much impact this can really have in reality and if anyone has experience with this?  This paragraph specifically from www.germany.info

 

"Bei Rentnern oder Personen, die langjährig in den USA leben, gilt außerdem folgende Besonderheit:

Sollten Sie im Rentenalter sein und sich nachweislich seit mehr als 10 Jahren in den USA aufhalten oder, unabhängig vom Alter, sich seit mehr als 20 Jahren in den USA aufhalten, vermutet das Bundesverwaltungsamt ein verstärktes Integrationsinteresse. In diesem Fall ist das Hauptaugenmerk auf die Darstellung der engen Bindungen an Deutschland zu legen. Sie brauchen dann nicht nachzuweisen, welche konkreten Nachteile Ihnen dadurch entstehen, dass Sie nicht im Besitz der US-Staatsangehörigkeit sind. Es reicht dann eine kurze Darstellung der Gründe, die Sie zum Erwerb der US-Staatsangehörigkeit bewegen."

 

Thank you so much in advance to anyone that has advice to offer!

Tschüss :)

Jessica

[Letspaintcookies 2,310]

@Quarknase just went through it so she might can help.

[TabeaK 517]

I can only offer advice in the sense that I have filed for obtaining a BBG (Beibehaltungsgenehmigung) recently - I am only in the US 4 years, so I had to provide a lot more proof and reasons for wanting it - and approval is not guaranteed - could still be denied.

 

However, you are right, if you have been in the US 20+ years you only need to show that you still have strong ties to Germany to file - again, no guaranteed approval, but the bar is much lower. Bear in mind that the BBG filing process takes 15-18 months these days, so I would get on it sooner rather than later. If your husband gets sworn into US citizenship without having the approved BBG in hand, he automatically looses his German citizenship.

[tumi alpha 1]

I did mine  few years ago. From what you describe your circumstances as being, I see no reason why he should not be able to get one. For ties to Germany, emphasize family connections, possibly land/houses that could become an inheritance, caring for elderly parents now or in the future. Processing time between 12 and 18 months seems realistic. Just make sure you fill out everything correctly the first time so that there are no delays. DO NOT NATURALIZE BEFORE YOU ARE HOLDING THE BBG IN YOUR HANDS! 

Many make this mistake, be sure to have the document before you proceed.

 

Good luck to you and your husband!

 

Tumi

[MEMueller 0]

20 hours ago, tumi alpha said:

I did mine  few years ago. From what you describe your circumstances as being, I see no reason why he should not be able to get one. For ties to Germany, emphasize family connections, possibly land/houses that could become an inheritance, caring for elderly parents now or in the future. Processing time between 12 and 18 months seems realistic. Just make sure you fill out everything correctly the first time so that there are no delays. DO NOT NATURALIZE BEFORE YOU ARE HOLDING THE BBG IN YOUR HANDS! 

Many make this mistake, be sure to have the document before you proceed.

 

Good luck to you and your husband!

 

Tumi

Actually he has visited more frequently and wants this particular job for more vacation time possibilities to see his father more. They didnt have a relationship when he lived there but have reconnected in the past decade. Unfortunately his father has had a severe heart attack and is in ill health since some years hence the more frequent visits as he's in his 60s by now.

 

If he lists this, does he require some sort of medical documents as backup from his father if you know?

 

Thanks for the response!

[tumi alpha 1]

3 hours ago, MEMueller said:

Actually he has visited more frequently and wants this particular job for more vacation time possibilities to see his father more. They didnt have a relationship when he lived there but have reconnected in the past decade. Unfortunately his father has had a severe heart attack and is in ill health since some years hence the more frequent visits as he's in his 60s by now.

 

If he lists this, does he require some sort of medical documents as backup from his father if you know?

 

Thanks for the response!

When I submitted mine I did not include these kind of documents but wrote at the end of my application that any further supporting documents could be submitted if required. If you have something outlining the medical and care situation, include it, it will do no harm. I myself was much younger (33)when I did mine, so care for my parents was still some way off in the future. My application was submitted from Asia as I was working there prior to coming to the US. From what I have heard I was lucky, my application, from submission to holding the document in my hands, was around 8-10 weeks 😲 seems it now takes longer...

 

Feel free to ask any questions on this topic, I can also provide help in German should you need any.

 

Tumi

Edited January 12, 2020 by tumi alpha
spelling...

[MEMueller 0]

23 hours ago, tumi alpha said:

When I submitted mine I did not include these kind of documents but wrote at the end of my application that any further supporting documents could be submitted if required. If you have something outlining the medical and care situation, include it, it will do no harm. I myself was much younger (33)when I did mine, so care for my parents was still some way off in the future. My application was submitted from Asia as I was working there prior to coming to the US. From what I have heard I was lucky, my application, from submission to holding the document in my hands, was around 8-10 weeks 😲 seems it now takes longer...

 

Feel free to ask any questions on this topic, I can also provide help in German should you need any.

 

Tumi

I'm sure he can get some sort of document stating he indeed has had, and continues to have, these heart issues but maybe he can for now put the same as yourself. The 'supporting documents if required' thing. I'll have him ask his father. 

[MEMueller 0]

Unfortunately just got news that his bank account, that he wasn't sure about anymore, was closed due to inactivity years ago. It's something I see everyone mention would be great to list so...that sucks.

[tumi alpha 1]

He can always reopen one on any of his next visits, it should be fairly easy. But in my personal opinion, a bank account in and of itself is not the key thing they are worried about. I would not get too hung up about it.

[MEMueller 0]

13 minutes ago, tumi alpha said:

He can always reopen one on any of his next visits, it should be fairly easy. But in my personal opinion, a bank account in and of itself is not the key thing they are worried about. I would not get too hung up about it.

We weren't even sure about the "points scored" with that to begin with, yes, and unfortunately he won't be going home until around September/October this year anyway so that's out.