Author Topic: Advice needed re divorce/annulment please  (Read 474 times)

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Offline sushiewushie

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Advice needed re divorce/annulment please
« on: July 24, 2017, 10:32:12 PM »
Hi. We (me - UK wife with US husband living in the UK) have been married for two years, but sadly the relationship has not worked. We are still friends and everything is amicable. We've booked a one-way flight to the US for my husband in early September. Can we apply for an annulment or divorce now? Will it affect his flight back? Is the cost of £550 for both of us?
Any advice would be much appreciated.
« Last Edit: July 25, 2017, 05:31:32 PM by sushiewushie »

Offline Sirius

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Re: Advice needed re divorce/annulment please
« Reply #1 on: July 28, 2017, 01:58:57 PM »
Hi. We (me - UK wife with US husband living in the UK) have been married for two years, but sadly the relationship has not worked. We are still friends and everything is amicable. We've booked a one-way flight to the US for my husband in early September. Can we apply for an annulment or divorce now? Will it affect his flight back? Is the cost of £550 for both of us?
Any advice would be much appreciated.

Sorry to hear that it didn't work out.

Have the Home Office been advised yet?

You must tell the Home Office when you divorce or separate from your partner if your visa is based on your relationship.
https://www.gov.uk/visas-when-you-separate-or-divorce

I'm not sure what you mean with "Will it affect his flight back?" Do you mean because of you getting divorced?

« Last Edit: July 28, 2017, 02:00:52 PM by Sirius »

Online KFdancer

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Re: Advice needed re divorce/annulment please
« Reply #2 on: July 28, 2017, 04:45:26 PM »
Very sorry to hear the marriage hasn't worked.

If everything is amicable, you may want to consider having him file in the US as it's much easier to divorce there.  It's okay that you don't live there.

Hugs!

Offline sushiewushie

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Re: Advice needed re divorce/annulment please
« Reply #3 on: July 29, 2017, 09:50:50 AM »
Thank you. Might go down that route, but would it apply here in the UK? We got married here.

Very sorry to hear the marriage hasn't worked.

If everything is amicable, you may want to consider having him file in the US as it's much easier to divorce there.  It's okay that you don't live there.

Hugs!

Online KFdancer

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Re: Advice needed re divorce/annulment please
« Reply #4 on: July 29, 2017, 09:53:33 AM »
Thank you. Might go down that route, but would it apply here in the UK? We got married here.

Yes, it would be valid here.  Beats waiting two years as required in the UK!

Offline sushiewushie

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Re: Advice needed re divorce/annulment please
« Reply #5 on: July 29, 2017, 09:54:28 AM »
We're still living together and haven't done anything official yet. Should I tell them on the day of his flight? If I tell them before, won't they want him to leave immediately?

I think I meant would it affect his flight back if we weren't divorced before he goes back.


Sorry to hear that it didn't work out.

Have the Home Office been advised yet?

You must tell the Home Office when you divorce or separate from your partner if your visa is based on your relationship.
https://www.gov.uk/visas-when-you-separate-or-divorce

I'm not sure what you mean with "Will it affect his flight back?" Do you mean because of you getting divorced?

Offline sushiewushie

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Re: Advice needed re divorce/annulment please
« Reply #6 on: July 29, 2017, 09:55:58 AM »
Wow! Definitely worth doing then! Is it as costly as it is here to get divorced?

Yes, it would be valid here.  Beats waiting two years as required in the UK!

Online KFdancer

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Re: Advice needed re divorce/annulment please
« Reply #7 on: July 29, 2017, 11:10:05 AM »
I would wait to inform the Home Office until after he's left.  You never know - things could change again!   :)

It will depend on what state/county he is in but if everything is uncontested, I imagine it'll be cheaper as well.

Offline sushiewushie

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Re: Advice needed re divorce/annulment please
« Reply #8 on: July 29, 2017, 12:28:35 PM »
Thanks! 😊

I would wait to inform the Home Office until after he's left.  You never know - things could change again!   :)

It will depend on what state/county he is in but if everything is uncontested, I imagine it'll be cheaper as well.

Offline Sirius

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Re: Advice needed re divorce/annulment please
« Reply #9 on: July 29, 2017, 04:29:00 PM »
If I tell them before, won't they want him to leave immediately?

No. He is in the UK under UK immigration rules and has a valid (in date) spouse visa and a visa gives him rights, including work rights and rights to use the NHS without being billed.

UKVI will most likely write to him at the address he has given them, to curtail his visa and give him 60 days from the date of their letter to either get a valid application in for another visa or for him to leave the UK by that date. If his visa doesn't have have long to run, they might not write and just let his visa expire.
« Last Edit: July 29, 2017, 04:32:21 PM by Sirius »

Offline sushiewushie

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Re: Advice needed re divorce/annulment please
« Reply #10 on: July 31, 2017, 08:25:13 AM »
Thanks. Sounds silly, but I'm not sure how to contact them! Do you have a link please?

No. He is in the UK under UK immigration rules and has a valid (in date) spouse visa and a visa gives him rights, including work rights and rights to use the NHS without being billed.

UKVI will most likely write to him at the address he has given them, to curtail his visa and give him 60 days from the date of their letter to either get a valid application in for another visa or for him to leave the UK by that date. If his visa doesn't have have long to run, they might not write and just let his visa expire.

Offline larrabee

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Re: Advice needed re divorce/annulment please
« Reply #11 on: July 31, 2017, 08:38:21 AM »
Thanks. Sounds silly, but I'm not sure how to contact them! Do you have a link please?

Sorry about the situation sushie.

https://www.gov.uk/visas-when-you-separate-or-divorce/tell-home-office
March 29th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).

Offline sushiewushie

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