Problem With divorce :(

My girlfriend (pittpanther) and I have been dating for some time.  Our plan at present is for Andrea to come to the UK on a student visa for 1 year and then apply for a finance visa because by this time my divorce would had been final.

However my ex-wife is getting nasty and may stop the divorce proceedings.  If this happens and the divorce in not final by the time the student visa has expired can anybody advise us on how we can remain together.

Many Thanks

Steve

You can't sponsor Andrea for any settlement visa while you're still married, but she can always come over on the visa waiver program for visits (not to settle, obviously).  Could she get/might she need another student visa?  I would assume that living together through two 1-year student visas would qualify you for the unmarried partnership visa, but again, the finalisation of your divorce would be required for that as well.   

If you wear kid gloves with your wife, and she doesn't get nasty and contest the divorce, when are you supposed to be divorced?

If you wear kid gloves with your wife, and she doesn't get nasty and contest the divorce, when are you supposed to be divorced?

My divorce was meant to be final in may, my ex-wife had just recieved the affidavit and we were heading for the decree nisi, however she is now theatening to stop proceedings.

You can't sponsor Andrea for any settlement visa while you're still married, but she can always come over on the visa waiver program for visits (not to settle, obviously).  Could she get/might she need another student visa?  I would assume that living together through two 1-year student visas would qualify you for the unmarried partnership visa, but again, the finalisation of your divorce would be required for that as well.   

Thanks for the clarification, we kind of figured that was the case, oh well looks like I'm going to have to come up with another plan.

Am I wrong on these two assumptions?

1. You filed for the divorce.

2. She's painfully aware of your girlfriend.

The answer to that dictates how you should play this.

Also, was your girlfriend in any way a factor in the divorce application? (I ask this to get an idea where your wife is coming from.)

You can't sponsor Andrea for any settlement visa while you're still married, but she can always come over on the visa waiver program for visits (not to settle, obviously). 

Actually, you can sponsor someone for a fiance visa as long as you can show that the divorce will be final within the 6 months of the fiance visa. You have to submit documentation supporting that claim. The Chicago consulate and the IND both told me that a letter from a solicitor would suffice along any documentation from the divorce proceedings showing that it's moving forward.

I did major research into this as I was afraid my divorce wouldn't be through in time (it was).  You can apply for a fiance visa as long as you can show the divorce is "well under way" (they decide what that means).  If the divorce is not through in that 6 month time frame you can apply for an extension.  They decide whether or not to approve it.  Good luck.

Actually, you can sponsor someone for a fiance visa as long as you can show that the divorce will be final within the 6 months of the fiance visa. You have to submit documentation supporting that claim. The Chicago consulate and the IND both told me that a letter from a solicitor would suffice along any documentation from the divorce proceedings showing that it's moving forward.

Yeah, I should have clarified that.  There are plenty of people who've gotten a visa when either they or their partners have been in the process of a divorce.  You have to have a finalization date, not a finalised divorce.   

You don't even need a finalisation date. All I had was a faxed note from the court saying I had just filed the divorce papers and my (now) husband was able to get his fiance visa. The British Consulate in LA didn't even question it.

two 1-year student visas would qualify you for the unmarried partnership visa, but again, the finalisation of your divorce would be required for that as well.   

This is incorrect. 

Unmarried partners need only to demonstrate that prior relationships have permanently broken down.  Religion prevents some UPs from obtaining divorce, and there's a significant number of successful applicants who are still married and will always be married.

Additionally, the UK does not have a visa waiver programme.

Unmarried partners need only to demonstrate that prior relationships have permanently broken down.  Religion prevents some UPs from obtaining divorce, and there's a significant number of successful applicants who are still married and will always be married.

Oooh...so could they live together for the two years and then get the UP visa, even if he was still married?  Sounds like a plan, if so! 

This is incorrect. 

Unmarried partners need only to demonstrate that prior relationships have permanently broken down.  Religion prevents some UPs from obtaining divorce, and there's a significant number of successful applicants who are still married and will always be married.

Additionally, the UK does not have a visa waiver programme.

That sounds promicing, many thanks for your help.  I will have to consult an immigration solicitor if it gets that far.

To answer Suzanne's questions, Andrea was not a factor in the divorce, in fact I only met Andrea after being seperated from my wife for 10 months, however my wife has now found out about Andrea which is why she has gone off the deep end and is getting difficult.  The frustraiting thing is I was about 3 weeks away from nisi at which point even if she didn't apply for absolute, I could of three months later - grrrrr.

All of this has happend this weekend and hopefully she will calm down and see the light, however she might not and I have to be prepared for that.

Many thanks for everybodies help, its good to know that I have options.  If it comes down to it I'll file for divorce 3 mths before Andrea's student visa expires to show that I have started proceedings and hopefully that will work.

however my wife has now found out about Andrea which is why she has gone off the deep end and is getting difficult.  The frustraiting thing is I was about 3 weeks away from nisi at which point even if she didn't apply for absolute, I could of three months later - grrrrr.

If your wife is in denial, regardless of motivation, it's going to be difficult convincing the ECO that the relationship has permanently broken down. 

It's not lost yet.  Question:  when did you separate?  Did you draw up papers?  And are you going for a UB?  or the 2 year with consent?

Unclear:  The nisi runs for 6 weeks and 1 day.  Why do you say 3 months?