Confusion on what to do. Spouse Visa

[khuddar]

I met with my future wife to be while she was in the uk. She had come here in April 2010 on a spouse Visa married to someone else. The husband she married however drank heavily and it was later found he was having an affair and had even at one point refused to not pick her up from the airport.

He left her and she had no desire to get back with him. Instead she decided to support herself by getting a job (at one point working three jobs!). She improved her english by reading, talking and listening to others.

About a year ago she met me and soon we fell in love. At the time she didn't have any real plans on if she wanted to stick around in the uk. Things however have changed now as we are in a relationship and want to get married. She has filed for divorce but the process has been very very slow thanks to a average solicitor and a slow court system (will be a year soon!).

The problem is we have been getting so many different advices from places that it is a bit confusing.

One solicitor suggested we apply for Further Leave to Remain (O) when there is 2/3 weeks left on visa then when the divorce happens, get married and apply to have the visa varied. That sounds a bit risky, for one things if we apply for that her passport would have to be submitted then we don't have a passport to show at the registrar's office.

Another solicitor said to apply for a extension explaining you want to get married, he is confident they will give it but he also says once married for her to go back to India and apply from there.

Another one said if the divorce does not get done with 4 weeks left on a visa, then write to the home office explaining the situation and she will help us write the letter.

Another says a similar thing but rather than applying just ask for a extension and then apply once married to have the visa varied into a spouse visa.

I was thinking of applying under right to private life but people have suggested not to because success are very few in that.

There is one way that she does go back and i apply to bring her here on a fiancee Visa, then once married to change into a spouse one. For that i am going to need some time to make up the cash savings because my income will not be enough. If we did apply from UK cause she was working all the solicitor's agree her income will count so the £18,600 threshold will be met.


We have proof that our relationship via:

Gifts and cards we have sent each other.

8 Months of phone bills.

Photo's

Her husband couldn't have informed UKBA about it according to one of the solicitos's because said she would have had a letter by now.

Anyone have any advice on what to do? I am thinking of seeing two three more solicitors before decideing what to do.

[Lucapooka]

She has to apply inside the UK with valid leave, if her income is going to be considered. Furthermore, she has to be married to you at that time. Merely being divorced from her previous partner will not work.

Without knowing if the absolute divorce decree will come through (the decree absolute comes about 6 weeks after the decree nici in straightforward circumstances) and you can marry, it's not possible to say if your plan is viable. I would guess that it is not.

[vinny]

Please continue in previous thread.