Fiancee visa application - some advice needed

[tim79]

Hi there,

I'm new to this forum and would really appreciate some advice.

I am a British citizen and my fiancee is South African. We are going throught the process of applying for a fiancee visa for her. We are very very anxious to be together again as soon as possible as the stress of this process and our resepctive situations is so hard to bear. We have been advised that our application is very strong, but there is just one sticking point - my divorce is not yet final.

I am aware that it is possible to apply for the visa before the divorce is completed, I have seen the following guidance:
SET1.17 What if the divorce/dissolution process is not yet finalised?

An entry clearance should not be refused for this reason alone. The ECO would normally expect to see evidence that the divorce/dissolution proceedings are well under way.

While the divorce/dissolution may well come through within the six months Leave to Enter (LTE) period, thereby enabling the couple to marry, the ECO should be aware that divorce/dissolution proceedings may take longer than 6 months to resolve.

Should one of the partners still be waiting for a divorce/dissolution to come through at the end of the six-month LTE period, they may apply to the UK Border Agency for an extension of stay. Once married, the applicant may then apply for Leave to Remain (LTR) as a spouse.

The decree nisi was granted last Monday, so it will be another 5 weeks and 3 days before my (ex) wife can apply for the decree absolute (which I have been assured she is going to do). I have also obtained a solicitor's letter saying that even if my ex doesn't apply for the decree absolute I will be able to do so and that the latest likely date of the divorce being completed (subject to the court's discretion) would be the end of April.

My question is do you think that this is sufficient evidence to show that the divorce proceedings are "well under way", and do you think that we stand a good chance of being granted the visa?

Any advice would be extremely welcome![/i]

[frankieblues]

It seems to me you are still not sure that your ex wife is going to get the paperwork... I've read some cases in this forum being refused in similar situations ,the ECOs are very picky in this matter; personally I would wait until the divorce is sorted, that's what I'm doing ; you never know, it can take longer than you expected.
Good luck.

[ElenaW]

It seems to me you are still not sure that your ex wife is going to get the paperwork... I've read some cases in this forum being refused in similar situations ,the ECOs are very picky in this matter; personally I would wait until the divorce is sorted, that's what I'm doing ; you never know, it can take longer than you expected.
Good luck.

Yes I agree, wait for the required paperwork to reach you before you apply as you don't want to lose your very high visa fee.

[tim79]

It seems to me you are still not sure that your ex wife is going to get the paperwork... I've read some cases in this forum being refused in similar situations ,the ECOs are very picky in this matter; personally I would wait until the divorce is sorted, that's what I'm doing ; you never know, it can take longer than you expected.
Good luck.

I am sure that she will apply for the decree absolute, I'm just wanting to know what sort of evidence the ECO would want in order to be assured that the divorce is "well under way".

[batleykhan]

The decree nisi is the best evidence that the divorce is coming to a conclusion soon . There is no harm applying ,but the ECO will not issue visa till he has seen decree absoloute.

Better to be safe and wait till divorced concluded

[tim79]

The decree nisi is the best evidence that the divorce is coming to a conclusion soon . There is no harm applying ,but the ECO will not issue visa till he has seen decree absoloute.

Better to be safe and wait till divorced concluded

Thanks for the advice - just to clarify, do you mean that there is NO way that the visa would be issued until the ECO has seen the decree absolute. I'm just confused because the guidance I mentioned above seemed to suggest otherwise. Do you mean that the ECO would basically delay the process until the decree absolute was granted?

Thanks.

[frances2]

The decree nisi is the best evidence that the divorce is coming to a conclusion soon . There is no harm applying ,but the ECO will not issue visa till he has seen decree absoloute.

Better to be safe and wait till divorced concluded

Thanks for the advice - just to clarify, do you mean that there is NO way that the visa would be issued until the ECO has seen the decree absolute. I'm just confused because the guidance I mentioned above seemed to suggest otherwise. Do you mean that the ECO would basically delay the process until the decree absolute was granted?

Thanks.

Hi

My now husband came to the UK on a fiance visa. He was still married (to another UK citizen at the time)! We gave evidence of the divorce being processed and gave dates for the likely decree absolute. You DO NOT need to wait for the decree absolute.