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Chances of visa, Advice needed!!!

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Marriage | Unmarried Partners | Fiancé | Ancestry

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craig1974
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Chances of visa, Advice needed!!!

Post by craig1974 » Mon Sep 22, 2008 7:15 pm

Hi all

Hope we are well.
I need some advice, this may not sound strsight forward, but i am going to be honest about everything in order for someone that may be able to give advice on this.
Me and my wife married in August 2006 in colombia, my wife is from colombia and am from the Uk.
After we married she got her 2 year marriage visa, in this 2 years she visited colombia for a total of about 9 months in total. Then she returned in Feb 08, she was only here 6 weeks and we was having serious marriage problems and decided it was best if she went home and we had time alone, It as now been 5 months since we last saw each other and her last visa expired Aug 08.
We have both decided we want to save our marriage and are both prepared to work at it and have both realised our mistakes and errors, i still love her and she still loves me.
When she was here with me, I kept all the bills in our names as i knew i needed these for when she applies for FLR, but we did not get that far, but i still kept them,
We have only chatted a little since then, but now as we have both decided to give it another go and try to save our marriage, we chat everyday.
I am going to colombia in 5 weeks to be with my wife again, and we want to apply for another visa whilst i am there so we can both give the truth to the embassy, Yes we had problems and yes we did seperate, I know that is really going to hamper our chances of success with another visa, But we are determined to save our marriage and this must count for something, We are still married.
Honeslty, What do you guys think, I have been totally honest, and will be the same with the embassy, it is the only way.
Are the odds seriouslt stacked against us getting another 2 year visa, to save our marriage and be together???
I really would appreicate anyones advice on this please

Thankyou very much in advance
Craig

jei2
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Location: London

Post by jei2 » Tue Sep 23, 2008 11:36 am

The path of true love never runs smooth. Even the most dried up ECO will appreciate that.. Just tell the truth and go for it.

Or.. hmm...wearing my other hat..

Since your marriage you've spent less than 50% of that time together, and under immigration rules it would be seen as no longer subsisting.

In fact it seems like it only lasted 5 minutes.

You're going to need to build up the relationship again and show evidence that it was/is indeed genuine.

Your wife may well be put under the microscope. You say there's hardly been any communication since she left. Who decided to split up and who decided to get back together?

What's life like for her in Columbia? When did the love rekindle itself? Why did she go home in the first place, instead of just moving out? Why was there no communication during the separation?

Keeping the bills in joint names would be irrelevant. You weren't together.

Have a think about these issues and try to address them in your own mind. You might need to explain some of them as background info if you want to avoid a refusal under the "balance of probabilities" clause.

I'd hold off on making another one when you go down though. Too soon. For lots of reasons.
Oh, the drama...!

craig1974
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Joined: Wed Jul 23, 2008 1:10 pm

Post by craig1974 » Tue Sep 23, 2008 12:12 pm

jei2 wrote:The path of true love never runs smooth. Even the most dried up ECO will appreciate that.. Just tell the truth and go for it.

Or.. hmm...wearing my other hat..

Since your marriage you've spent less than 50% of that time together, and under immigration rules it would be seen as no longer subsisting.

In fact it seems like it only lasted 5 minutes.

You're going to need to build up the relationship again and show evidence that it was/is indeed genuine.

Your wife may well be put under the microscope. You say there's hardly been any communication since she left. Who decided to split up and who decided to get back together?

What's life like for her in Columbia? When did the love rekindle itself? Why did she go home in the first place, instead of just moving out? Why was there no communication during the separation?

Keeping the bills in joint names would be irrelevant. You weren't together.

Have a think about these issues and try to address them in your own mind. You might need to explain some of them as background info if you want to avoid a refusal under the "balance of probabilities" clause.

I'd hold off on making another one when you go down though. Too soon. For lots of reasons.
She as nothing there in colombia, it is her who wants to come back, she said she made a mistake, I personally think that they will think she as only one reason for coming back here!
She went back because she said she did not like it here, so really she made the decison to split, but she wanted to keep it going when she went, but because i was not prepared to support her, she said it was no use in us being together, I believe because she is desperate she wants to come back and that is what I believe the ECO will think, the fact we only spent around 9 months together in the 2 years will show the marriage was not genuine, all the times it was her to decide to go back, not mine.
i personally think we may be wasting our time, do you agree?

jei2
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Location: London

Post by jei2 » Tue Sep 23, 2008 1:02 pm

Are you both of a similar age?
Oh, the drama...!

craig1974
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Post by craig1974 » Tue Sep 23, 2008 1:38 pm

jei2 wrote:Are you both of a similar age?
I am 33 she is 24, so yes a simliar age really, why you ask?

republique
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Post by republique » Tue Sep 23, 2008 1:43 pm

craig1974 wrote:
jei2 wrote:Are you both of a similar age?
I am 33 she is 24, so yes a simliar age really, why you ask?
thats not exactly a similar age.

craig1974
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Post by craig1974 » Tue Sep 23, 2008 1:50 pm

republique wrote:
craig1974 wrote:
jei2 wrote:Are you both of a similar age?
I am 33 she is 24, so yes a simliar age really, why you ask?
thats not exactly a similar age.
What relevance is this to my question, would this have a major bearing on the descision?

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Casa
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Post by Casa » Tue Sep 23, 2008 2:52 pm

I'd call it a similar age as far as marriage is concerned. No, it won't make a difference.
You need to ask yourself what has changed now that may make a difference to your wife being able to settle happily in the UK. Perhaps your wife will be able to answer this before you rush into applying for
another spouse visa.

jei2
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Location: London

Post by jei2 » Tue Sep 23, 2008 3:47 pm

craig1974 wrote:
republique wrote:
craig1974 wrote:
jei2 wrote:Are you both of a similar age?
I am 33 she is 24, so yes a simliar age really, why you ask?
thats not exactly a similar age.
What relevance is this to my question, would this have a major bearing on the descision?
Just an afterthought in trying to tease out any issues that an ECO might pick up on to raise doubts in any future application. You're in the same generational group so it wouldn't be a problem.

I'd say get an idea of what your wife really wants more. Does she want to be with you more than she wants to be in the UK?

Would a reconciliation still be on the cards if for example, you suggested emigrating to be with her should she be refused?

If you can get past these issues (which I believe would formulate in the minds of most ECOs) I don't see any reason why an application shouldn't succeed later on down the line.
Oh, the drama...!

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