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frustrated
22nd April 2008, 09:55
Please can anybody help me,the entry clearance process for my wife is causing me and my wife so much stress and heartache we dont know what to do for the best.i appologise now for the length of this post,it is a very long and complicated story,and i hope i can put it as plain as i can,so here goes.

It all started with a stupid mistake back in 2005 when i met a girl in "cherry blossoms" chat room,to try and cut this shorter i travelled to cebu in feb 2006 and met her,at the time she introduced me to her half sister(now my wife).
Well after meeting estella(c/b) we applied for a fiance visa and was successful and at end of feb,Estella flew to the U.K.
But as soon as she arrived her charecter changed completely she started flirting with all my friends and all she wanted to do was go out to nightclubs and was very rude to my mother who is 76 years old.
And then the bombshell was dropped,she admitted she was already married to a guy from singapore.
I arranged for her to return to cebu immediatly (23rdmarch),and informed the embassy of this.
soon after her half sister contacted me to enquire how our relationship was going and i told her the full story,(at this point you may all be thinking that they are working together as a team,well i have to assure you this is not the case)
Estella was 26 and my wife is nearly 35,to give you a little background info on my wife,she was put up for adoption when born and was adopted by her grandmother who brought her up in a very harsh enviroment,Esterwin(my wife) never had a childhood,and was working selling plastic bags in a market from the age of six,just to provide food for her grandmother and grandfather.
at 17 years old she found her real mother and was then treated as a slave just to provide food for her real mother(her real mother had then remarried and had further children,hence the half sister Estella.)

well back to the story,we remained in contact every day by phone and emails and yahoo chat and i found out that Esterwin was more mature than her half sister and to get to the point i proposed to her in may29th 2006,in July 06 i flew to cebu and we married in aug 7th 06 (none of her real family attended )
and the grandparents had already died.

We were told that the authenticated marriage documents would take about 3-4 weeks to arrive so we waited,and waited,and after 15 weeks still no documents,so we consulted a visa consultant,and was advised to apply in my wifes single name,this we did and this was the first rejection of her visa.

3 days after the fiance application the Authenticated documents arrived,but was too late to change the details by then.
So back to the consultant and after being parted with a further wad of cash my wife had her passport and all her documents changed into her now married name (these were genuine i must add)
We applied again in her married name and was asked to attend an interview in Manila,and because i wanted to give her support i flew to manila to be with her.
I was not even allowed in the British Embassy and had to wait outside for nearly 3 hours,and guess what,she was rejected again.
This time we appealed against the decission,and jan 11th 08 i attended the appeal hearing in the U.K. with a representitive of the I.A.S.(immigration advisory service)
after the hearing i flew back to cebu to await the outcome,the appeal was rejected,and take a look at one of the judges comments.
"I see no reason that the marriage can continue even in two seperate countries,as it has done up till now"
How does that work then ?
back to the appeal lawyer,and he said he would send all the judges comments to senior lawyer in london to see if there had been "an error of law"
Yes ! they decided that the judge HAD made an error,this gave us some hope,so we waited and then was knocked back down,because the senior immigration judge ruled that the original appeal judge was correct in his findings,and would not take the matter further.

Up till now this has cost more than £3000 what with visa fees and I.A.S. fees this is not including flights to cebu and flights to manila for two interviews.

To bring the story right up to date,The immigation guy who represented my wife in the hearing is not returning my emails,i want to know if we can make a fresh application but he does not reply.
The london office has said that it would not be benificial to apply to the High court,as it is very rare that they would overturn any decission by a lower judge.

We have done everything by the book,we have western union receipts,photographs of the wedding and my 6 trips to cebu we have a complete evidence of relationship file (which fits in a small suitcase !!!!)
We have everything that is required,but we are being slapped down every step of the way.
There is no problem of accomadation,i have a home in u.k. and we have my wife's home in cebu.we have everything that is needed,but we keep on being rejected.

Just for one stuiped mistake in the begining has caused us these problems.

Sorry for all this,i have two questions to ask?
How successful do you think my wife would be if we make a fresh application,as they are going to pick up on the two previous rejections.

Or do we admit defeat and i start to make plans to move to cebu and live there,this is our final plan,as we have a home already,but i wanted my wife to come to u.k. to meet my family and then after a couple of years would move back to cebu.:ARsurrender:

Can anyone help us please?

joebloggs
22nd April 2008, 11:26
i've read a post similar to this b4 :Erm:, have you posted this b4 :Erm:

"I see no reason that the marriage can continue even in two seperate countries,as it has done up till now" :icon_lol: :NoNo:, i was married near 3 yrs b4 we appiled for a spouse visa, i would be :cwm23: if they said that to me..


past refusals shouldn't effect the outcome of a new app.

why was your apps refused, what was the reasons :Erm:


so make another app, or like you said you can move to the phils,. see if you can go and live there for 4 years and show your relationship is genuine and apply for ILE

chino
22nd April 2008, 11:41
well done you have done all that for £3k..... i don't think i could

Tiggers0608
22nd April 2008, 11:47
i've read a post similar to this b4 :Erm:, have you posted this b4 :Erm:

:Erm: same here i kinda read this story before here in the forum :omg:

kimmi
22nd April 2008, 13:04
hi frustrated, I am sorry about ur story..Ive read ur post before about this story and I really feel for u..
http://filipinaroses.com/showthread.php?t=3435

I think it would be better to make a fresh start, but i have a few questions:

1. what happened to Estella's visa when she return to the Phils. after u learned that she's still married to Singaporean?
2. since u reported it to the embassy what happened afterwards?

Alan
22nd April 2008, 13:09
Kimmi - how on Earth did you manage to find that post?

Al.:)

kimmi
22nd April 2008, 13:12
it took me minutes to find it Prof AL..:xxgrinning--00xx3::icon_lol:

why do sometimes life is unfair??:NoNo::Erm::doh oopppss, sorry OT..

Piamed
22nd April 2008, 16:40
Perhaps if you lived together in Cebu, demonstrtaed that commitment and tried again after a while. Unless you have a significant change in circumstances/evidence I dont see them altering their decision unfortunately.

T

aromulus
22nd April 2008, 17:07
Kimmi - how on Earth did you manage to find that post?

Al.:)

Click on members name.... Click on posts by member ... :doh


Easy peasy.... he only had 2 posts to date....:NoNo:

Both the same...ish...:Erm:

andypaul
22nd April 2008, 18:40
Perhaps if you lived together in Cebu, demonstrtaed that commitment and tried again after a while. Unless you have a significant change in circumstances/evidence I dont see them altering their decision unfortunately.

T

If you live together for so many years together outside the UK I think you apply for A visa for the non brit. But is that feasible for most people?

joebloggs
23rd April 2008, 09:45
If you live together for so many years together outside the UK I think you apply for A visa for the non brit. But is that feasible for most people?

its four years, but she still would need a visa :doh

'If you and your husband, wife or civil partner have been living together outside the UK for four years or more, and you meet all the necessary requirements to stay permanently in the UK, you may be granted indefinite leave to enter. These requirements include showing that you have the necessary level of knowledge of the English language and life in the UK.'

but what more evidence could you give or show that your marriage is genuine ,when you've been married and living togther for 4 years :Cuckoo:

frustrated
23rd April 2008, 15:12
after estella returned to cebu,i informed the embassy,and they didnt even acknowledge it !!
And now the I.A.S. is not answering my emails,and they have all our evidence of relationship,and we need that for a fresh application.