I’m a Spanish citizen, hired and moving to Berlin, and my wife is American. Neither of us are registered as residents anywhere in Europe (yet). I got us an appointment at a Berlin Immigration Office Residence permit for spouses, but the earliest date available was on 29th of August – well past the 90 days allowed by a Schengen Visa. However, I’ve read comments saying she’s not on a Visa but is actually free to stay with me however long she wants since we’re married – the residence permit/card is merely convenient proof.
I need help understanding how this actually works, and all its implications:
* Is she allowed to stay with me indefinitely as long as we’ve registered our residence in Berlin (Anmeldung)?
* If so, can we travel outside of Germany if she doesn’t have a residence permit/card? Will a Fiktionsbescheinigung allow us to travel?
* Can she get Fiktionsbescheinigung if it’s her first residence permit? If so, how would we apply for it?
* (I’ve read comments about application by snail mail, but I would appreciate a link for my peace of mind)
* If my assumptions are wrong, and she is on a 90-day Schengen Visa and needs a residence permit in order to stay, what are our options? Is she better off leaving to the UK with family until the appointment is due? Something else?
* Fiktionsbescheinigung maybe? (Again, links for my mental peace please 😀 )
We already have, or will have, the following prepared:
* Proof of sufficient income
* Health insurance for both of us (through my job)
* Translated and apostilled original marriage certificate (officiated in the US)
* Anmeldung, and sufficient living space (29sqm for 2 people)
* A1 German for her (I’m B2)
P.D.
Links to official documents would be greatly appreciated.
I’m also sharing what I’ve found so far, and my confusion. Not a necessary read, but more so to show I’ve done my homework.
[Make it in Germany](https://www.make-it-in-germany.com/en/living-in-germany/family-life/spouses-joining-eu-citizens) suggests that *Whether your family members need a special temporary* [***residence permit***](https://www.make-it-in-germany.com/en/service/glossary/glossar/do/show/residence-permit) *depends on their nationality.* and then says that *Citizens of … the United States of America can obtain a temporary* *residence permit* *after entering the country.* It’s unclear whether she needs it or not, or if she’s just free to enter.
[Act on the General Freedom of Movement for EU Citizens](https://www.gesetze-im-internet.de/englisch_freiz_gg_eu/englisch_freiz_gg_eu.html#p0016) Section 2 subsection 2 bullet 6, and Section 3 subsection 1, state pretty clearly IMO that she’s allowed to stay. But it leaves out how, where, and to whom we shall prove this and I’m concerned about what else might have been left out.
[Wikipedia’s Aufenthalskarte (Deutschland)](https://de.wikipedia.org/wiki/Aufenthaltskarte#Zweck) article makes me think the residence card helps make our travels within Europe easier only, since she’s technically entitled. I guess I’m looking for reassurance that we shouldn’t leave Germany until her card is issued.
Regarding Fiktionsbescheinigung, [Berlin’s Rathaus](https://service.berlin.de/dienstleistung/326233/standort/327437/en/) states that *A fictional certificate cannot be issued to holders of a Schengen visa for short-term residence (Category C).* No confusion here, but unsure about how that can be dealt with.
Other statements: Prerequisites for applying are to have a valid residence permit or *be lawfully entitled to residence without a visa in the territory of the Federal Republic, because he or she is thus authorised by virtue of his/her nationality.* By virtue of what nationalities are people entitled?