UK spouse visa help US refusal

[JDoe22]

Hi,

I've got a lot of help reading through this forum.

I haven't however found any situation close to mine, which is why I'm posting.
I am British and my fiance is Cuban.
When I met my fiance, he was already married and awaiting a US visa to join his wife.

I am just looking for some advice on whether the HO will look negatively upon our relationship? I'll explain his immigration history below:

After meeting me, he decided to end his relationship with his wife (now awaiting final divorce papers).

His lawyer had written an email to the US embassy stating the change in his relationship. He received no reply, however a few months later got an email to go to an interview.

In the interview he explained that his relationship had broken down and no longer felt he was entitled to the visa as he had met someone else, which the visa officer basically said thanks and good luck. The visa was refused on genuineness and a few other factors. At the time he didn't realise that he could withdraw the application.

We are now wanting to apply for the UK spouse visa after he is divorced, and we are married.

I know no one will know for sure, but do you think that this will negatively affect our application?

[Frontier Mole]

He will have to declare his USA refusal but that in itself is not a barrier to obtaining a UK visa.

The interesting bit will be the length of time you have been in a relationship and if they identify it - the cross over from being with you and still applying for a US visa.

It is likely that the credibility and thus genuineness of your relationship will be viewed more negatively than positively. The overview looks like he is trying to get into the US and when that failed looking then to get into the UK... it is not a good picture.

Good luck

[JDoe22]

Thank you for your reply.

We met after he was awaiting a response on whether his visa was successful.

When called for an interview, he did tell them he was not longer in love with his wife, had met someone else and that his lawyer had sent an email stating this.
He thought that by his lawyer sending an email that the US application would end, not knowing he could withdraw.

Our relationship started before he received a response on his US visa. He didn't hide his relationship with me to the US, in fact he told them.

[JDoe22]

Also, I don't think there is a cross over.

He was already waiting for the visa to be with his wife before he even met me. We met after they had already applied for the visa.

After meeting me he knew he had to let the US know about his new relationship and no longer being eligible. Hence the email his lawyer sent. He went to the interview around 3 months into our relationship and again told them that his marriage was no longer the same etc.. So before they even made a decision, he tried to tell them and was being honest about his relationship.

Do you think they will still look at this negatively?

[Frontier Mole]

It is still not a good picture because they are not interested that much in the how’s and why’s. They will look at it as a refusal on X date with his Spouse and then the short term relationship with you then visa application.

It just looks like visa chasing.

How long was he married for?
When you met him was he still In Cuba?
In total how many months have you known him?

[JDoe22]

I understand.
He first married in 2017. Visa was refused early 2018.
Yes he is currently working in his country.
We have been together for a year and a half.

[Frontier Mole]

Ok the visa was refused longer ago than I was expecting. Sorry my assumption was more recently.
With a year and a bit in a relationship and the refusal more than a year ago it is not quite so bad a picture.

Do you intend to marry in Cuba once his divorce is settled? That is an easier/ less barrier filled option. Regardless of where you marry the next step is to apply for a Spouse visa. As long as you meet the earnings and accommodation criteria then you are about 70% of the way there.

The awkward bit is convincing a no doubt sceptical caseworker that your relationship/marriage is genuine and he is not just hunting down a route to a first world life.

Cuba very much like many popular holiday non first world destinations, there are a fair few holiday romances with the locals. I am afraid it is a well worn path to escape poverty / lack of opportunity and to seek a better life elsewhere. You both need to be prepared for the pretty invasive and searching questions which you will have to answer.

Good luck

[JDoe22]

Yes we plan to marry there and apply some time after.

Oh right yes sorry I wasn't clear on the timings before.

I really appreciate your reply, thank you very much.

[CarlH88]

Ok the visa was refused longer ago than I was expecting. Sorry my assumption was more recently.
With a year and a bit in a relationship and the refusal more than a year ago it is not quite so bad a picture.

Do you intend to marry in Cuba once his divorce is settled? That is an easier/ less barrier filled option. Regardless of where you marry the next step is to apply for a Spouse visa. As long as you meet the earnings and accommodation criteria then you are about 70% of the way there.

The awkward bit is convincing a no doubt sceptical caseworker that your relationship/marriage is genuine and he is not just hunting down a route to a first world life.

Cuba very much like many popular holiday non first world destinations, there are a fair few holiday romances with the locals. I am afraid it is a well worn path to escape poverty / lack of opportunity and to seek a better life elsewhere. You both need to be prepared for the pretty invasive and searching questions which you will have to answer.

Good luck

I find your post a little bit derogatory and stereotyping.
My wife is Cuban and although they do not have a lot of money, family is incredibly important to them and they are so welcoming. This is much more important than the numerous materialistic things we have here.

My wife and I had both never been married before and our spouse visa was approved in March 2019.

I applied on a non-priority application and the passport was back with visa inside a day short of 6 weeks.

It is the strength of your application that is most important, not the country. I spent hours on the application to make sure everything was proven to comply.

JDoe22, if you wish to ask any Cuban specific questions then feel free to do so

[Frontier Mole]

I am less than concerned about your view.

It is a matter of fact that the country is one of many third world countries of concern in relation to immigration to the UK. Wither they are friendly or not makes no difference to an immigration decision.

Where a country is of concern it does make a difference as the application is subject to greater scrutiny and that is why I have advised the OP to be mindful of that.

You may have been married before and your spouse too - the point here is the individual circumstances not the previous marriage.
The immigration circumstances are poor and will be challenging for the OP. But of course you will know better than me

[Frontier Mole]

Correction to the above - neither the Cuban expert nor his spouse had been married before. So it was a nice straight forward application. What value that adds in the OP’s circumstances is even less than I thought.
Apologies for the mis-read.