Kernrechtsfrage
Whether the wife had to await the family reunification decision abroad or could stay in Switzerland during the procedure under Art. 17 AuG.
Extrahierter Entscheid
The procedural stay had to be allowed; the migration office must process the application without further suspension and the wife may remain in Switzerland until the decision.
Extrahierte Begründung
Her entry with a valid Schengen visa was not clearly shown to be fraudulent; after marriage and in view of the family life with her husband and child, the chances of a residence permit were significantly higher than refusal, so requiring departure would be disproportionate and contrary to Art. 8 EMRK.