Applying for spouse visa, previous divorce still in process

[moonlight]

I am alraedy trying visa in another category but if it fails i have to do followng thing.

I was previously in Uk on spouse visa and seperated before my 2 year spouse visa ends. I overstayed for 4 months and than came back tO india.

Now i have applied for divorce in Uk course. Petetion will be served in few days to my estranged wife. We have islamic divorce already done which is recognised in Indian legal laws and thats why british embassy has to except it.

I want to marry again and my future spouse is also a british citizen.

My question is that can i apply for fiance visa with the document showing that divorce procedure is going on for past marriage in UK court
Will visa office entertain my application ?

If this situation is not favourable than can i call my future spouse to india and register marriage here and than apply for spouse visa which is more secured ?

Please reply me.
Thanks

[Wanderer]

We have islamic divorce already done which is recognised in Indian legal laws and thats why british embassy has to except it.

What? Britain does not accept Islamic divorce.

[jimquk]

I don't think that the UK "has to accept" that you are divorced; if this was the case, why would you need to go through divorce proceedings in the UK?

You are still formally married to your ex, therefore I can't see the Home Office giving any consideration to another fiance application. Even if you got married in India before the divorce was finalised, and that marriage was legal in India, I am fairly sure it would not be valid in the UK for immigration purposes. It might possibly be considered valid after your divorce comes through, but I would keep things simple and wait for the first marriage to be definitively over with before doing anything.

Expect the Home Office to look extremely carefully at your next fiance/spouse application.

See what others have to say on this.

[VictoriaS]

The fiancee visa application will be accepted if you can show that the divorce will be finalised within the six months of your visa, so that you can get married. So, if you have the decree nisi, you should be okay. Otherwise, a letter from your divorce solicitor confirming this usually works.

However, if the divorce is not likely to be finalised within the six months then the application will be refused, so it would be best to wait. If the petition has not yet been served then it is unlikely that it will all be sorted so quickly.


Victoria