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Thread: Advice on fiance visa badly needed

  1. #1
    Member pumpkinbee's Avatar
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    Exclamation Advice on fiance visa badly needed

    Hello everyone, I am about to apply for a fiance visa but decided to hold off due to this concern:
    WILL I BE REQUIRED TO PRESENT A CERTIFICATE OF NO MARRIAGE AS I AM 45 YRS OLD NOW? IT IS NOT ON THE LIST OF REQUIREMENTS BUT IT HAD CAUGHT OUR ATTENTION FOR SOME REASON.....

    HERE'S THE UGLY TRUTH, I WAS ONCE MARRIED IN 1989 AND WAS ALSO SEPARATED 3WKS AFTER THE WEDDING,SINCE THEN I HAVE HAD NO CONTACT WITH HIM AT ALL. I NEVER DECLARED IN ANY LEGAL PAPERS THAT I AM MARRIED NOR EVER USED HIS LAST NAME... I HEARD THAT HE'S NOW IN SPAIN AND HAS RE-MARRIED....MY MILLION DOLLAR QUESTION IS, WOULD IT BE SAFE TO PUT "SINGLE" AS MY STATUS ON THE APPLICATION?

    I'd hate to lie on application but another ugly truth is I had considered myself single all this years...it has been 21 yrs without a single communication from him...
    My beau is concern that the immigration might investigate as to whether I am really single or not and of course afraid to jeopardize my application. I suggested to him that maybe we can get married in Hongkong and apply for a marriage visa instead of a fiance visa since getting married here would require me to prove that I am free to marry right?..would that work? does it make sense?

    I need dead serious advice folks lol....thank you all for the anticipated response


  2. #2
    Respected Member scott&ligaya's Avatar
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    I would suggest that if you know for sure that papers never went to the NSO in Manila then you MAY be okay to state single. BUT there is still some risk. They may check back in the town where you married
    Live your life for a reason and don't worry be happy

    if you don't know where you are going then any road will do!!


  3. #3
    Member pumpkinbee's Avatar
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    Hmmm...how would I know that papers never went to the NSO? Do you really think that the immigration would waste time to check if I was once married or not?
    Thank you for the advice


  4. #4
    Administrator KeithD's Avatar
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    It is not time wasting for the UKBA to check these things, it is their job, and they do it well

    You need to check directly with the NSO to see what paperwork they have.
    Keith - Administrator


  5. #5
    Member pumpkinbee's Avatar
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    You're right about that Keith and thank you for the reply....
    I'll check with the NSO, and if there is a record...what do you suggest I'd do, seems like i'm on a dead end as I have no way of contacting him


  6. #6
    Respected Member scott&ligaya's Avatar
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    If you do need to go through the anullment process I believe you could have him declared dead!!! and should there be no objections you are no longer married.( I believe the process is to advertise his death in his town and hope nobody objects) but I am not sure, could be an urban myth, but I am sure I read something like that on here. much quicker I believe. You need someone on here who knows the details.

    sorry I cannot be any more help
    Last edited by scott&ligaya; 10th August 2011 at 09:15. Reason: spelling
    Live your life for a reason and don't worry be happy

    if you don't know where you are going then any road will do!!


  7. #7
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    pumpkinbee,
    Please do as Keith has suggested...............check with NSO
    You need to verify your recorded marital status before any planning on next steps.


  8. #8
    Member pumpkinbee's Avatar
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    Thanks scott&ligaya, a friend suggested that to me too but I'm afraid I can't do that as I know he's alive in fact I work with one of his niece here, the odd thing is they have no contact from him either...
    I'll check with the NSO per advice and go from there....do you happen to know if marrying in Hkg would work?


  9. #9
    Trusted Member sars_notd_virus's Avatar
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    Hello pumkinbee welcome to the forum

    The UKBA really checks on documents, i supposed you already checked with the NSO if they have your marriage on their data base otherwise you will not be asking us anymore...


    Infidelity and separation is not a ground for annulment ,with regards to presumptive death the Philippine law has their ruling :

    http://jlp-law.com/blog/presumptive-...uent-marriage/

    As mentioned above, failure to seek a judicial declaration of presumptive death opens a party who contracts a second marriage to a charge of bigamy. The reason is this -

    In a real sense, there are three parties to every civil marriage; two willing spouses and an approving State. On marriage, the parties assume new relations to each other and the State touching nearly on every aspect of life and death. The consequences of an invalid marriage to the parties, to innocent parties and to society, are so serious that the law may well take means calculated to ensure the procurement of the most positive evidence of death of the first spouse or of the presumptive death of the absent spouse after the lapse of the period provided for under the law. One such means is the requirement of the declaration by a competent court of the presumptive death of an absent spouse as proof that the present spouse contracts a subsequent marriage on a well-grounded belief of the death of the first spouse. Indeed, “men readily believe what they wish to be true,” is a maxim of the old jurists. To sustain a second marriage and to vacate a first because one of the parties believed the other to be dead would make the existence of the marital relation determinable, not by certain extrinsic facts, easily capable of forensic ascertainment and proof, but by the subjective condition of individuals. Only with such proof can marriage be treated as so dissolved as to permit second marriages. Thus, Article 349 of the Revised Penal Code has made the dissolution of marriage dependent not only upon the personal belief of parties, but upon certain objective facts easily capable of accurate judicial cognizance, namely, a judgment of the presumptive death of the absent spouse.


    If you plan to marry in hk please check this link:(they have the same required checklist of documents as what we have in the ph)
    http://ukinhongkong.fco.gov.uk/en/visiting-uk/visas/
    ''Don't be serious..Be Sincere''


  10. #10
    Member pumpkinbee's Avatar
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    Quote Originally Posted by sars_notd_virus View Post
    Hello pumkinbee welcome to the forum

    The UKBA really checks on documents, i supposed you already checked with the NSO if they have your marriage on their data base otherwise you will not be asking us anymore...


    Infidelity and separation is not a ground for annulment ,with regards to presumptive death the Philippine law has their ruling :

    http://jlp-law.com/blog/presumptive-...uent-marriage/

    As mentioned above, failure to seek a judicial declaration of presumptive death opens a party who contracts a second marriage to a charge of bigamy. The reason is this -

    In a real sense, there are three parties to every civil marriage; two willing spouses and an approving State. On marriage, the parties assume new relations to each other and the State touching nearly on every aspect of life and death. The consequences of an invalid marriage to the parties, to innocent parties and to society, are so serious that the law may well take means calculated to ensure the procurement of the most positive evidence of death of the first spouse or of the presumptive death of the absent spouse after the lapse of the period provided for under the law. One such means is the requirement of the declaration by a competent court of the presumptive death of an absent spouse as proof that the present spouse contracts a subsequent marriage on a well-grounded belief of the death of the first spouse. Indeed, “men readily believe what they wish to be true,” is a maxim of the old jurists. To sustain a second marriage and to vacate a first because one of the parties believed the other to be dead would make the existence of the marital relation determinable, not by certain extrinsic facts, easily capable of forensic ascertainment and proof, but by the subjective condition of individuals. Only with such proof can marriage be treated as so dissolved as to permit second marriages. Thus, Article 349 of the Revised Penal Code has made the dissolution of marriage dependent not only upon the personal belief of parties, but upon certain objective facts easily capable of accurate judicial cognizance, namely, a judgment of the presumptive death of the absent spouse.


    If you plan to marry in hk please check this link:(they have the same required checklist of documents as what we have in the ph)
    http://ukinhongkong.fco.gov.uk/en/visiting-uk/visas/

    Thank you for the information sars_notd_virus, as i had mentioned on my other response I don't intend to declare him dead as I know he's not. I haven't checked with the NSO but I will soon.
    Does applying for fiance visa under a single status requires presenting a CENOMAR? Do you know?


  11. #11
    Respected Member stevie c's Avatar
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    HI pumpkinbee im almost certain you will need to supply a cenomar for a spouse visa or a fiance visa as keith said check with the nso its better to be safe than sorry


  12. #12
    Trusted Member sars_notd_virus's Avatar
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    Quote Originally Posted by pumpkinbee View Post
    Does applying for fiance visa under a single status requires presenting a CENOMAR? Do you know?
    check with the nso, dont jeopardize your visa application, they will certainly look for proofs

    http://www.ukvisas.gov.uk/en/ecg/set...ncees#18013077
    SET1.15 What evidence is required to prove freedom to marry?

    For single adults, the Registrar normally accepts the parties’ declaration that they are free to marry. The ECO should, therefore, accept a similar verbal statement by an applicant, together with any supporting correspondence from the person he/she is going to marry. This is unless there are strong grounds to believe that one of the parties is still married/in a civil partnership or has been married/in a civil partnership previously and is concealing this fact. In such cases the ECO should make whatever enquiries as seem appropriate.

    The ECO should warn anyone going to the United Kingdom for marriage who has previously been married/in a civil partnership that he/she may be required to provide the Registrar with evidence of freedom to marry before the Registrar can accept a notice of marriage.

    Where the ECO has doubts about an applicant’s intention to marry, the ECO should ask to see evidence of freedom to marry before issuing an entry clearance:

    Widowed person: death certificate of the late spouse.
    Surviving civil partner: death certificate of the deceased civil partner.
    Divorced person: evidence of divorce eg a divorce certificate. NB for the UK this is a decree absolute divorce certificate - this is stated on the order from the Family Court. A person is not legally divorced until the decree absolute is issued. A decree nisi is not acceptable evidence.
    ''Don't be serious..Be Sincere''


  13. #13
    Respected Member scott&ligaya's Avatar
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    Hi there, you seem to be posting everywhere on the forum the same question looking for a different answer!!! Please just get in touch with the NSO in Manila and ask them to advis on your marriage status.
    Live your life for a reason and don't worry be happy

    if you don't know where you are going then any road will do!!


  14. #14
    Member pumpkinbee's Avatar
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    Quote Originally Posted by scott&ligaya View Post
    Hi there, you seem to be posting everywhere on the forum the same question looking for a different answer!!! Please just get in touch with the NSO in Manila and ask them to advis on your marriage status.
    Wow! that sounds harsh....whatever happened to freedom of speech? I read through peoples thread and see if I can find something similar to my issue and may have had asked same question because everyone has different opinion and different experiences... what's wrong with that? Am I causing anguish to everyone by doing that? Isn't that what the forum is for? I was under the assumption that people here are friendly and courteous and will help in any which way they can and not get slammed with such comment.... I apologize if I have annoyed you, it's not my intent.
    Thank you for your time anyway, I have checked with the NSO and as expected they have my marriage registered 21yrs ago...


  15. #15
    Administrator KeithD's Avatar
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    You are only supposed to ask the same question once in the correct area of the forum otherwise it confuses people and starts to annoy members.
    Keith - Administrator


  16. #16
    Member pumpkinbee's Avatar
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    Quote Originally Posted by Win2Win View Post
    You are only supposed to ask the same question once in the correct area of the forum otherwise it confuses people and starts to annoy members.
    I was not aware there's rules in asking questions I am new to the forum...I apologize if I caused annoyance to members :(


  17. #17
    Member pumpkinbee's Avatar
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    Quote Originally Posted by sars_notd_virus View Post
    check with the nso, dont jeopardize your visa application, they will certainly look for proofs

    http://www.ukvisas.gov.uk/en/ecg/set...ncees#18013077
    SET1.15 What evidence is required to prove freedom to marry?

    For single adults, the Registrar normally accepts the parties’ declaration that they are free to marry. The ECO should, therefore, accept a similar verbal statement by an applicant, together with any supporting correspondence from the person he/she is going to marry. This is unless there are strong grounds to believe that one of the parties is still married/in a civil partnership or has been married/in a civil partnership previously and is concealing this fact. In such cases the ECO should make whatever enquiries as seem appropriate.

    The ECO should warn anyone going to the United Kingdom for marriage who has previously been married/in a civil partnership that he/she may be required to provide the Registrar with evidence of freedom to marry before the Registrar can accept a notice of marriage.

    Where the ECO has doubts about an applicant’s intention to marry, the ECO should ask to see evidence of freedom to marry before issuing an entry clearance:

    Widowed person: death certificate of the late spouse.
    Surviving civil partner: death certificate of the deceased civil partner.
    Divorced person: evidence of divorce eg a divorce certificate. NB for the UK this is a decree absolute divorce certificate - this is stated on the order from the Family Court. A person is not legally divorced until the decree absolute is issued. A decree nisi is not acceptable evidence.
    Hi sars_notd_virus, thank you for the information...i wouldn't do such thing to jeopardize my situation, I have checked with the NSO already and found my marriage registered as expected...
    I've contacted an agency that my honey gave me last night and was advised that they've dealt with numerous cases like mine and they can help us, I have yet to check if the agency is reputable and if it is indeed legitimate...thought i'd share with you their website, I spoke with one of the consultants there last night.

    http://www.ukvisaandimmigration.co.uk

    Thank you again for your assistance


  18. #18
    Member pumpkinbee's Avatar
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    Quote Originally Posted by stevie c View Post
    HI pumpkinbee im almost certain you will need to supply a cenomar for a spouse visa or a fiance visa as keith said check with the nso its better to be safe than sorry
    You're absolutely right about that Stevie and thank you...I've found out that people who've filed for fiance visa presented a CENOMAR...it wasn't on the list of requirements so I thought I'd ask..thanks again


  19. #19
    Respected Member malditako's Avatar
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    best way is have your first marriage annuled before applying for fiancee visa...as its very obvious by the records you're not single....you need a lawyer not an agency to sort it out for you.....

    check this link

    http://www.bcphilippineslawyers.com/...emarriage/434/


  20. #20
    Member pumpkinbee's Avatar
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    Quote Originally Posted by gparry2007 View Post
    best way is have your first marriage annuled before applying for fiancee visa...as its very obvious by the records you're not single....you need a lawyer not an agency to sort it out for you.....

    check this link

    http://www.bcphilippineslawyers.com/...emarriage/434/
    thank your for the advice gparry2007, I'm aware that annulment is the best solution to my problem, however the biggest ordeal here is I haven't had any contact with him for 21yrs...but I'll check out the website that you've provided...thanks a lot again.....


  21. #21
    Trusted Member sars_notd_virus's Avatar
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    Quote Originally Posted by pumpkinbee View Post
    Hi sars_notd_virus, thank you for the information...i wouldn't do such thing to jeopardize my situation, I have checked with the NSO already and found my marriage registered as expected...
    I've contacted an agency that my honey gave me last night and was advised that they've dealt with numerous cases like mine and they can help us, I have yet to check if the agency is reputable and if it is indeed legitimate...thought i'd share with you their website, I spoke with one of the consultants there last night.

    http://www.ukvisaandimmigration.co.uk

    Thank you again for your assistance
    thanks for the link theres a lot of agencies doing this thing but i guarantee you its expensive and you will still need to provide all the documents for your visa application which includes a decree of absolute annulment because you have an existing marriage in the Philippines.


    In the link you gave me it states:
    In order to complete your UK Fiancé Visa application efficiently your immigration matter will be dealt with in five stages:

    A detailed assessment of your personal circumstances
    Pre-application, where we will ensure that we receive the correct documents to strengthen your case
    The completion of your UK Fiancé Visa application
    Submission of your UK Fiancé Visa application
    Contact you with the confirmation of your UK Fiancé Visa


    I would suggest you to have an appointment with a Philippine lawyer regarding your case, as u said ur ex has remarried now and in spain, i dont think he will contest the annulment proceedings and it will be easier for u to win the case.

    good luck to u and be patient..applying for a visa is no easy way , a lot of us here have been there done that and its all worth it in the end.
    ''Don't be serious..Be Sincere''


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