Marriage & divorce certificates - requirement for spouse visa

Hello,

I see there are different marriage certificates issued in the US. Will UK immigration accept the most basic one issued by the courthouse, or is the extra "triple seal" version needed?  (I understand the 3rd option, apostille,  is not needed by UKBA for certificates in English language).

Also, where one partner is divorced, must the decree absolute document be sent with the spouse visa application?

Hello,

I see there are different marriage certificates issued in the US. Will UK immigration accept the most basic one issued by the courthouse, or is the extra "triple seal" version needed?  (I understand the 3rd option, apostille,  is not needed by UKBA for certificates in English language).

Also, where one partner is divorced, must the decree absolute document be sent with the spouse visa application?

It just needs to be legal in the US to be valid for the visa application.

You do need to provide proof of divorce, yes.

Just the basic certificate is fine!

Yes, we've seen an application refused for the sole reason of not providing a divorce decree!

Thank you both, great help as ever.

I am applying for a fiancé visa while my divorce is under review by the judge (my ex has been dragging his feet). Will it be valid if I explain that the divorce is well under way and all the paperwork has been submitted and I'll have the divorce decree by the time I'm getting married in the U.K. ?


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You must be free to marry on the date you apply online for the fiancé visa.. because you have to prove to UKVI that you are not married at the time of application.

So, you will need to wait until your divorce is final before you apply for the fiancé visa. If you apply while the divorce is pending, it will be an automatic visa refusal due to not meeting the relationship requirements.


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I am applying for a fiancé visa while my divorce is under review by the judge (my ex has been dragging his feet). Will it be valid if I explain that the divorce is well under way and all the paperwork has been submitted and I'll have the divorce decree by the time I'm getting married in the U.K. ?

Definitely do not apply until the divorce is final and you have the paperwork in hand, ready to send.

@larrabee @ksand24 Thank you both for your input. It does seem like a risky move. And I apologize for being a pest but if I was planning on applying based off of the passage below from the UKVI website. Can you shine some light?

17. 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 6-month 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 6-month LTE period, they may apply to UK Visas and Immigration for an extension of stay. Once married, the applicant may then apply for Leave to Remain (LTR) as a spouse.



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You need to wait.  It's a huge sum of money to gamble.  Do you have a divorce date set?

You need to wait.  It's a huge sum of money to gamble.  Do you have a divorce date set?

It's an uncontested divorce so it's just up for the judge to review the paper and sign off now. The complication is I need to leave the country by end of October and need my visa/passport by then. I was gonna have a solicitor write and explain the situation ;(


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It's an uncontested divorce so it's just up for the judge to review the paper and sign off now. The complication is I need to leave the country by end of October and need my visa/passport by then. I was gonna have a solicitor write and explain the situation ;(


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We've personally seen a visa refused for someone married to their spouse with the original marriage certificate be refused due to a missing divorce decree.  The case worker stated they didn't believe their marriage was valid.   

I think it's highly unlikely you'll be successful.  Does your solicitor have a proven track record of having approved fiancé visas while a divorce is still pending?

We've personally seen a visa refused for someone married to their spouse with the original marriage certificate be refused due to a missing divorce decree.  The case worker stated they didn't believe their marriage was valid.   

I think it's highly unlikely you'll be successful.  Does your solicitor have a proven track record of having approved fiancé visas while a divorce is still pending?

''Tis what it is. I really don't have much options at this point. Fingers crossed. Thank you for your input. It's always good to have a second opinion


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