I have a bit of a convoluted query, and will need to give you a little background info for you to get the full picture...
My partner (now fiancee) is a US citizen, and is currently in the UK on a spousal visa with his (now separated) wife. They separated 5 months ago, and as yet she has not informed the UK Home Office of the separation as she is holding his belongings 'hostage' until he pays her 'x' amount of money for the original visa.
We met at work, long before they separated, but did not start any sort of relationship (emotional or otherwise) until it had ended. We have since moved in together and got engaged and are in the views of wanting to spend our lives together (when you know, you just know - life works in mysterious ways!).
He is now prepared to file for divorce and forget about the rest of his belongings, and as such we are looking to apply for a K1 fiancee visa so we can start our lives, and marriage, in the US.
Q1) Would it reflect badly on the K1 visa application that we are engaged before his divorce has been finalised, and could it impact it in any way?
Q2) [long shot as I don't believe this is the correct forum, but worth a try] Once the divorce proceedings start and he informs the Home Office, how long would he be given to leave the UK? I understand that the K1 fiancee visa average processing time can be 5-6 months (prepared for longer) and we would like to wait it out together, in the same country, for as long as possible.
Many thanks in advance for any help provided
