Marriage Visit Visa Help

Rather than continue hijacking someone else's thread, I thought I'd start my own.

I have a couple of pressing questions as I'd like to make this application tomorrow or Saturday and I've just begun even considering it today.

1. For the supporting documents, they ask for a divorce decree, is applicable.  My fiance is in the process of getting a divorce.  In California, there is a 6 months waiting period before a decree can be given and he and his ex are just waiting out the 6 months.  I have a copy of the petition which was issued Jan 22.  Will it suffice to give them this copy and mention that as per California law, the divorce will be final on July 23, before our wedding date?

2. It is required for me to show that I have enough money to support and accommodate myself during my stay.  Also, it asks that I show that I can be supported without working.  Well which is it?  My fiance will be supporting me.  Is it alright that I don't have enough to support myself in my bank account if he's the one who will be covering my expenses?

3. Should I still provide the 3 months of his bank statements? As well as letters from his employers regarding his pay and permanence in the position?

4. Should I still state on the proposed budget that we'll be paying rent during my stay?

I know this is a lot of questions and I appreciate every bit of assistance anyone can provide.  I considered having a courier do it since I had no idea where to start and we're already saving money by just doing the marriage visit visa, but unfortunately, I haven't been able to find one in the area who does this type of visit visa.  Not to mention after being refused entry at Heathrow, I'm terrified to be denied again.

In all honesty, we waited before arranging any wedding plans until the OH's final divorce decree came through..just incase anything went wrong and the decree was delayed.

Provide as much financial info as you can for the both of you.  Show your accounts and any savings statements you may have and the same for him. He needs to show that he has enough to support you.

" Should I still provide the 3 months of his bank statements? As well as letters from his employers regarding his pay and permanence in the position?. Should I still state on the proposed budget that we'll be paying rent during my stay"

Yes.

If you have been refused to the UK before..You should ensure everything is in order.  I go along the route that if you are asking the questions that you think a IO may ask...then you need to cover them with a firm response ahead of them asking.

Back yourself up with as much evidence as possible and get the sponsorship letter to be very factual and to the point about you OH supporting you financially.

I'm confused...which country are you visiting (UK or US?)?

When we make fiancee visa applications in advance of a decree absolute we insist on a letter from the solicitor or evidence of the date.  You can't just assume that the ECO knows Calif divorce law - you need to back it up with evidence.

Vicky

Wow, so glad I brought that up.  I wouldn't have wanted that to be an issue.  When they filed for divorce, they didn't use a lawyer.  They just went through the county courthouse.  My guess is that they'll be able to type something up??  If not, what else could be used as evidence? 

I really appreciate all your help everyone.  I'd be a lot more lost than I already am if you all weren't so helpful!

And I'm visiting the UK.  Currently in the US.

I suggets that he approaches a US qualified family lawyer to write such a letter, even if he didn't use them for the actual divorce.  Or speak to the courthouse.


Vicky

So after calling the courthouse and 6 different divorce lawyers and told that they couldn't do it, my fiance did finally get a hold of one guy who said that he could write a letter that stated "according to California law, bla bla bla, a summary dissolution can be filed for on this day."  So because they were married for less than 5 years and had no assets, children or debt they were able to petition for a summary dissolution rather than a regular dissolution.

This is something that worries me though.  At the end of the 6 months waiting period, one of them (this will probably be my fiance) has to file a "Judgement of Dissolution of Marriage" in order to receive the final divorce.  Even though I'm getting a lawyer to write up an official document regarding the California law here, and my fiance is going to file for judgement the very first day he can, will the ECO not like that there's still one more step before the divorce will be final?  Could this be a basis for denying the visa?  Everything else is perfect for being granted the visa, except this one thing may raise a flag.  Is there any way to get past this?

if the lawyer letter says that there is no reason why the divorce will not be finalised within six months of now then a fiancee visa applied for now will be okay.  If there are unforseen delays the Home Office will consider extending the fiancee visa, just the once, in order to allow you to still marry in the UK.

Basically, it depends on the wording of the letter.  It needs to make clear that he will almost certainly be free to marry within six months of the date of the application of the fiancee visa.

Vicky

Thanks Vicky.  I feel a little bit better about the whole thing.  Would it be the same if I were to apply for the marriage visit visa?

Yes.

Vicky

Just submitted the online app.  I have a biometrics appointment for Saturday the 14th and I'll have my paperwork binder overnighted on Monday. I'm so nervous!

I have a question about the "passport size photo."  In the US, the photos are 2 inches by 2 inches.  The visa application asks for a photo thats 45mm x 35mm and it says "photos that do not conform to these standards will be rejected."  Does this mean I should cut the photo I have to be that size?  Or will they not care?  I haven't seen any info on here regarding this so I thought I'd ask.

I just got a spousal visa, but there was no complication like a divorce in progress.  I sent his paycheck stubs, his P60 (the form that shows what he made last year, like a W2), his bank statements, a letter from his employer, a letter from my employer, my bank statements, my paycheck stubs, along with passports, emails, phone bills, birth certificates, marriage license, his divorce decree, and a few photos of us together.  probably overkill, but hey, i got the visa.  neither of us has a savings, as he spent it all renting our house and buying furniture, and we each had barely any money in our bank accounts and we were still approved.  don't know if that helps... good luck!