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Topic: Advice  (Read 1057 times)

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Advice
« on: January 19, 2006, 06:20:33 AM »
Hi all I am glad I found this forum thru searching. I will say I belong to another forum as well, but to be honest I feel I can't get too much information in my situation. I have spoken with VictoriaS as well, but never fully explained my story. Please forgive me as I will try to shorten this a bit. I am currently married, but going thru a divorce. I met my current fiance 2 yrs ago.(he is different than my husband I am divorcing) We began seeing each other while I was married. I entered the UK in 2004-05 on 4 different occasions. I spent around 5 months all together. I wanted to go back last June. I was concerned about the amt of time I had spent and didn't want to overstay so I emailed UKvisas and was told I could spend 6 months of any 12 in the uk, but since I had spent 5 months there and been 4 times I may want to consider a visit visa for less hassle with immigration. I applied for visit visa #1 and was denied on the basis of not enough money, hadn't purchased a ticket, etc and told I could reapply. My husband at the time had gotten a settlement and given me money to put in my account and had purchased me a ticket to the UK. So I reapplied. Also on the application it asked if you had any children and although I do have a son, he doesn't live with me so I put no. (he's 13 and not lived with me for years, and I do mean years). Well I had to have an interview since I was denied a previous visa. The woman asked me questions and such. She then asked me if I had children to which I said well technically yes, but he doesn't and hasn't lived with me for years. So they denied that visit visa saying I had infalted my bank account(which isn't true as I ended up spending that money later on out of my account), that I didn't tell them about my son to strengthen my application, which I would think putting I had a son to come home to would have been more beneficial. I gathered since he hadn't lived with me in so many years that in their eyes he didn't count. They also said what the first denial said and that was I was a risk for staying. Mind you I was not engaged at the time and still married to my husband. I seperated from my husband a week after that denial and have just recently begun divorce proceedings. I want to apply for the fiance visa near the end of my divorce. I have been engaged since october when my fiance came to the USA to see me. We have a co-sponsor as I have no savings. He has his own home, and a full time job of 2 yrs, and we meet the criteria for having met and such. My son will be staying in the USA living with his grandparents where he has lived the last 6 or 7 yrs. I am dead nervous about applying. I realize all applications stand on their own merit. I know I will be interviewed though. I am prepared to answer all questions honestly just as I have done in my past applications. I have my refusal papers here and can even send them with my application. I guess I said all of this to ask am I eligible for a fiance visa after being denied. I know others have gotten their fiance visa after being denied entry and refused a visit visa, but i get nervous as I am trying to do things the proper way. Any help/advice is welcome, and again I apologize for the long post.


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Re: Advice
« Reply #1 on: January 19, 2006, 12:20:53 PM »
How recently did the divorce proceedings beging?  If it is unlikely that the divorce will be finalised within 6 months then I doubt the fiancee visa will be granted.

Victoria


Re: Advice
« Reply #2 on: January 19, 2006, 10:54:03 PM »
I won't apply for the visa until March, and the divorce will actually be final in the end of March or beginning of April, as my husband has signed the papers and is complying with the divorce.


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Re: Advice
« Reply #3 on: January 20, 2006, 01:52:01 PM »
You sound eligible to me, though you will need to explain the previous refusals.



Victoria


Re: Advice
« Reply #4 on: January 20, 2006, 02:30:37 PM »
Well I have the refusals anyway. I saved them, but my only guess was they think I was trying to settle on a visit visa, which was not to be the case. If I had wanted to settle I would have done so on one of my trips when I was allowed in. I just realized that the consulate says all visas stand on their own merit and thats not the case in all honesty. They use previous applications against you it seems. I guess the difference in this one is I want to settle.


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