fiance visa while awaiting divorce

jimmyrus · Post by **jimmyrus** » Fri Dec 21, 2012 9:58 pm

Helo anyone here to help.
My story
1. Arrived in UK on HSMP in 2007
2. 2010 travelled to africa, married my girlfrind and applied for a spouse which was granted
3. august 2012 we both got ILR, but before this we started to have problems and i told my spouse i want a divorce. must stress it not a fake marriage, i hoped n trusted it would work out and i paid for everything tickets, visa application fees, marriage ceremonies n parties
4. i started divorce and now waiting for decree nisi
5. at the same time i begun contact with another girl i had met before in 2006 and again in 2009 but did not progress as she was still doing her bachelors degree. (we have lost all the joint pictures except one of our meeting).
6. there is evidence of telephone calls n texts nearly on daily basis
Question: we are both deep in love and i really like this girl we have agreed to marry but i don't know if the fact that i knew this girl before my spoilt marriage can lead to the ECO doubt the genuineness of the relation n cause problems to the fiance visa application.
also is it necessary to travel there to meet her another time before we apply

batleykhan · Post by **batleykhan** » Sat Dec 22, 2012 9:58 pm

jimmyrus wrote:Helo anyone here to help.
My story
1. Arrived in UK on HSMP in 2007
2. 2010 travelled to africa, married my girlfrind and applied for a spouse which was granted
3. august 2012 we both got ILR, but before this we started to have problems and i told my spouse i want a divorce. must stress it not a bad quality marriage, i hoped n trusted it would work out and i paid for everything tickets, visa application fees, marriage ceremonies n parties
4. i started divorce and now waiting for decree nisi
5. at the same time i begun contact with another girl i had met before in 2006 and again in 2009 but did not progress as she was still doing her bachelors degree. (we have lost all the joint pictures except one of our meeting).
6. there is evidence of telephone calls n texts nearly on daily basis
Question: we are both deep in love and i really like this girl we have agreed to marry but i don't know if the fact that i knew this girl before my spoilt marriage can lead to the ECO doubt the genuineness of the relation n cause problems to the fiance visa application.
also is it necessary to travel there to meet her another time before we apply

Your first wife's application and the subsequent breakdown of that marriage shoulg not really have any significant impact on your fiance application.

There is no harm in continuing your relationship with your fiance, however it would not be wise for her to apply until you get your Decree Absolute,otherwise you may have problem.Her visa will not be issued until your DA comes through.

Yes it is a requirement that you have to meet your fiance

Franko · Post by **Franko** » Sat Dec 22, 2012 10:23 pm

I disagree the fact that you married, sponsored your wife to come to the UK and remained married just long enough to gain ILR before filing for divorce will bring your new partners application under much scrutiny.

UKBA http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The factors which may prompt additional scrutiny of an application include those listed below. Some factors may also, where specifically stated, lead to a refusal of an application without additional scrutiny but again, before deciding, caseworkers must continue to look at the circumstances as a whole:

(xviii)
The partner has previously sponsored another partner to come to or remain in the UK.

(xx)
If the partner was married to or in a partnership with the applicant at an earlier date, married or formed a partnership with another person, and is now sponsoring the original partner to come to or remain in the UK.

ID29 · Post by **ID29** » Sun Dec 23, 2012 1:51 am

I'm afraid I agree with Franko.

I have a family member who has been in a similar situation and the UKBA looked very unfavourably on the case. The sad fact is the agency is under ever increasing pressure now to reduce immigration numbers and I cannot help feel this application would provide them with a perfect excuse to refuse it.

It may be better to marry this girl and then apply in a few years time when you can prove you are still together and likely to last longer than the previous relationship?

jimmyrus · Post by **jimmyrus** » Sun Dec 23, 2012 9:20 am

Hi all
Thanks very much for your answers, but these have made my day more miserable . i don't know what to do next. I am not sure waiting for years before applying for her visa is an option i can handle. its such a longtime although as ID79 and Franco say my circumstances are such that they may scrutinise my case more or even refuse.
am confused now

SAMISPOUSAL · Post by **SAMISPOUSAL** » Sun Dec 23, 2012 10:10 am

jimmyrus wrote:Hi all
Thanks very much for your answers, but these have made my day more miserable . i don't know what to do next. I am not sure waiting for years before applying for her visa is an option i can handle. its such a longtime although as ID79 and Franco say my circumstances are such that they may scrutinise my case more or even refuse.
am confused now

I am sorry to hear of your sad case..
even in a straight forward case a fiancee visa is comparatively more difficult than a married visa...your case has some added dimensions which puts it out of the straight forward category...so get married and then apply.

the fact that you got div so soon after ILR and you are now trying to bring in a girl that you knew beforehand...makes it look as if that marriage was not genuine..

how will the ECO think ? so you have to make your case the best as possible...

John · Post by **John** » Sun Dec 23, 2012 10:13 am

jimmyrus, where is your fiancee now? In the UK? Or back in her country?

Also, when do you expect the Decree Nisi to be granted?

jimmyrus · Post by **jimmyrus** » Sun Dec 23, 2012 10:24 am

My fiancé is in her home country. the decree nisi is due on 7 jan with the absolute i believe 6 weeks after that. l
ooks like from the advise here the best option is to get married first n apply for a spouse visa. but how long should i wait before applying for the spouse visa, its weird marrying someone and leave her in her home country for some years before i apply for her to join me in the UK.

Fedupwithwhiningpeople · Post by **Fedupwithwhiningpeople** » Sun Dec 23, 2012 11:06 am

jimmyrus wrote:Hi all
Thanks very much for your answers, but these have made my day more miserable . i don't know what to do next. I am not sure waiting for years before applying for her visa is an option i can handle. its such a longtime although as ID79 and Franco say my circumstances are such that they may scrutinise my case more or even refuse.
am confused now

Hi

I just had to put your mind at rest

I am a sponsor, for my husband waiting now for a FLR(M). We were both married before, long term 25 years and 13 years. We fell in love, and I traveled to the USA a number of times ( 6 times). When it came to applying for a finance Visa, I contacted a Solicitor and was told, when submitting the case papers for a Finance, you must have your Decree Absolute included.

All I can say is , if you love this woman, you will need to get a solicitor and get all the right paperwork together ( this takes time, ours took 3 months of original paperwork) Pictures etc.. and get that DA.
But you must go and see her, they will not take skype or other Viral media as dating only, sorry

Good luck with everything as I know the stress...be happy x

John · Post by **John** » Sun Dec 23, 2012 1:45 pm

My fiancé is in her home country. the decree nisi is due on 7 jan with the absolute i believe 6 weeks after that

So the Decree Absolute in about two months time. Best to wait for that before making a visa application.

If the two of you get married outside the UK, why not delay applying for the spouse visa? I see no logic in delaying. If the two of you are legally married, then why would you want to delay?

jimmyrus · Post by **jimmyrus** » Sun Dec 23, 2012 4:00 pm

Thanks everyone for your advise.
i will certainly wait until the decree absolute which will be out in two months time and apply after that. I will travel to her home country to go meet her before then. and collect as much evidence of our relationship as possible.

if there is good chance of applying for a fiance visa, i will go for it.
I will in the meantime wait to hear the views of members on here about applying for a fiancé visa, if i have the decree absolute

jimmyrus · Post by **jimmyrus** » Fri Mar 01, 2013 9:16 am

Hi everyone, just got my decree absolute and now planning to submit our application for fiancé visa. also i travelled to meet my fiancé for 3 weeks in her come country. I am hoping they will not reject the application due to me just being recently divorced.

My question is how much information regarding our relationship history do I need to put on the sponsor letter, A sponsor advised that i shud not write a detailed history and that its only the application that should write on her cover letter.

Any thoughts on this, please

DieselD · Post by **DieselD** » Fri Mar 01, 2013 4:09 pm

jimmyrus wrote:Helo anyone here to help.
My story
1. Arrived in UK on HSMP in 2007
2. 2010 travelled to africa, married my girlfrind and applied for a spouse which was granted
3. august 2012 we both got ILR, but before this we started to have problems and i told my spouse i want a divorce. must stress it not a bad quality marriage, i hoped n trusted it would work out and i paid for everything tickets, visa application fees, marriage ceremonies n parties
4. i started divorce and now waiting for decree nisi
5. at the same time i begun contact with another girl i had met before in 2006 and again in 2009 but did not progress as she was still doing her bachelors degree. (we have lost all the joint pictures except one of our meeting).
6. there is evidence of telephone calls n texts nearly on daily basis
Question: we are both deep in love and i really like this girl we have agreed to marry but i don't know if the fact that i knew this girl before my spoilt marriage can lead to the ECO doubt the genuineness of the relation n cause problems to the fiance visa application.
also is it necessary to travel there to meet her another time before we apply

I applied for a fiance visa whilst still married. I submitted a letter from my lawyer showing the divorce was at an advanced stage. I was granted my fiance visa and within the 6 months I divorced and married UK wife. Then applied for FLR (M)

Submit loads of information showing your new relationship exists. Cards, letters, email, flights. Show evidence of where a wedding ceremony has been booked and amount of guests who will attend. This will show it is a genuine relationship. Ensure you are earning 18600 and have adequate accommodation for your fiance and future spouse. Take into account that you may have maitenance etc for old spouse. If you don't have enough evidence of the relationship then fly out and take photos etc.

jimmyrus · Post by **jimmyrus** » Tue Mar 19, 2013 11:18 pm

just one final question; what evidence do we need to provide to prove the english language requirement for a fiancé visa. do we have to pay the £46+vat fee for the assessment at NARIC. and which document will we use to submit

DieselD · Post by **DieselD** » Wed Mar 20, 2013 6:20 am

I did ESOL level A1 in London whilst on holiday. It was Speaking and Listening only. Contact Naric and confirm what English test your fiancé needs to take. Bear in mind from October 2013 the English Test will be at level B1 for ILR. I assume that a basic level of A1 will remain for fiances, but Naric will advise.

jimmyrus · Post by **jimmyrus** » Fri Apr 19, 2013 10:21 am

Hi all again
Just to give you an update, my finance has submitted her application for fiancé visa and we are now in the long wait, praying day and night and hoping for the best

DieselD · Post by **DieselD** » Fri Apr 19, 2013 11:02 am

It is a long wait, my whole timeline from fiance app. to receive Biometric Resident Permit was 12.5 months. When your fiance arrives don't forget to add her at least 2 or 3 official documents like Council Tax, Phone, Electricity, Gas etc. You'll need proof that you live together at the same address. Also keep your mail right up to ILR and citizenship.

jimmyrus · Post by **jimmyrus** » Sat Apr 20, 2013 5:35 pm

Got the visa approval today
Applied 10.4.13
visa stamped 15.4.13

I can't believe its taken that quick to process.
thanks everyone for the guidance

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fiance visa while awaiting divorce

fiance visa while awaiting divorce

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