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Fiancée Marriage annulled back to India–Struggling for paper

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nchowdhury
Junior Member
Posts: 75
Joined: Wed Mar 26, 2008 7:08 pm
United Kingdom

Fiancée Marriage annulled back to India–Struggling for paper

Post by nchowdhury » Tue Nov 20, 2012 9:46 am

Hello,
Time to time this forum helped me a lot and I am regular reader, not a single day pass without coming to this forum and read the new posting.
Once again I am back with my problem hoping to get the solution over here only and I am very much sure I will get help over here through the immense knowledge and experience people do have over here.

Problem:
My fiancé from India, at one point she got married to Egyptian and went to live in Egypt.
Due to some reason the marriage was annulled immediately and she returned back to India.
Since then she is struggling to get the divorce paper from them so that she can marry me. Only she got a plain sheet of paper written his and her name with reference to some Egypt law and signed by him (scanned copy not original)
On her passport the visa of Egypt is residence visa.

Now as I understand after marrying her, to bring her to UK I need to produce a document to demonstrate that any previous relationship has permanently broken down.
Now over here my fiancée was married to Egyptian but struggling for divorce paper therefore what other documents can I produce to demonstrate that previous marriage is broken down.

Other options I thought but not sure how going to work (correct me if I am wrong)
Not to declare her previous marriage – hmmm she got residence visa on passport they will ask for what.
Declare her previous marriage – can produce a simple document on plain sheet of paper signed by both parties stating that they are in no more in relationship with some reference to Egyptian divorce law. Will this be acceptable – I don’t know.

Your help and guidance will be highly appreciated. Please let me know what other documents I can produce for her to prove that her previous marriage broken down.

Thanks and regards
N. Chowdhury

harv
Senior Member
Posts: 576
Joined: Wed Dec 22, 2010 11:51 am
Location: London
United Kingdom

Post by harv » Tue Nov 20, 2012 10:06 am

When your fiancé got married, she must have done it in India. If that is the case, you will need the Indian Authorities to confirm her divorce so that she can marry you.

If she marreid back in Egypt, you will need make sure the Indian Authorities are hapy witht he divorce documents she currently holds to allow her to marry you.

As in India only one marriage is legally allowed, so as long as you show that your marriage is legal in India you should be fine. UK government would also accept the marriage this way.

Hope this helps.
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

nchowdhury
Junior Member
Posts: 75
Joined: Wed Mar 26, 2008 7:08 pm
United Kingdom

Post by nchowdhury » Tue Nov 20, 2012 10:32 am

Cheers Harv,
Much appreciated your response.
She was married in India then travelled to Egypt.

So will a document written by indian authority stating that the previous marriage broken is suffice the requirement.

Thanking you in advace.

N. Chowdhury
harv wrote:When your fiancé got married, she must have done it in India. If that is the case, you will need the Indian Authorities to confirm her divorce so that she can marry you.

If she marreid back in Egypt, you will need make sure the Indian Authorities are hapy witht he divorce documents she currently holds to allow her to marry you.

As in India only one marriage is legally allowed, so as long as you show that your marriage is legal in India you should be fine. UK government would also accept the marriage this way.

Hope this helps.

harv
Senior Member
Posts: 576
Joined: Wed Dec 22, 2010 11:51 am
Location: London
United Kingdom

Post by harv » Tue Nov 20, 2012 12:40 pm

Since she was married in India, she needs to legally divorce her ex and get a proper certificate from the Indian Authorities.

Once her divorce papers are issued, she will be free to marry you.

Hope this helps.
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

nchowdhury
Junior Member
Posts: 75
Joined: Wed Mar 26, 2008 7:08 pm
United Kingdom

Post by nchowdhury » Tue Nov 20, 2012 1:28 pm

Hope you forgive my naive question.

How this will affect, her previous husband lives in Egypt and he is not ready to do anything. So in this divorce paper does his signature or something required.
If yes then it will be nightmare.
or
Is there anyother way.

Thanks and regards
N. Chowdhury
harv wrote:Since she was married in India, she needs to legally divorce her ex and get a proper certificate from the Indian Authorities.

Once her divorce papers are issued, she will be free to marry you.

Hope this helps.

harv
Senior Member
Posts: 576
Joined: Wed Dec 22, 2010 11:51 am
Location: London
United Kingdom

Post by harv » Tue Nov 20, 2012 1:34 pm

I do not have any details on how can you get legally divorced in India, so I cannot answer this question.

I think the document she shold from Egypt Authorities would be useful.

I would say that you should seek some professional advice from an Indian soliciter. I am sure there would be a way to get this working.

Best of luck
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

nchowdhury
Junior Member
Posts: 75
Joined: Wed Mar 26, 2008 7:08 pm
United Kingdom

Post by nchowdhury » Tue Nov 20, 2012 1:47 pm

Cheers Harv,

Much appreciated your response.

Regards
N. Chowdhury

harv wrote:I do not have any details on how can you get legally divorced in India, so I cannot answer this question.

I think the document she shold from Egypt Authorities would be useful.

I would say that you should seek some professional advice from an Indian soliciter. I am sure there would be a way to get this working.

Best of luck

nchowdhury
Junior Member
Posts: 75
Joined: Wed Mar 26, 2008 7:08 pm
United Kingdom

Post by nchowdhury » Mon May 13, 2013 1:39 pm

Hello Harv,
I came back with same problem, hope you can recall the queries above.
Moving a bit ahead, just now came to know that their marriage (to be wife and her ex husband (Egyptian) took place in India under Islamic ritual and was not registered. She got the residential visa for Egypt on the basis of nikahnama only.

We spoke to few lawyers/solicitors and all they said if its not registered then they cannot produce divorce papers.
Now can anyone advise what should I do.

One another question - After how many days after marriage I can apply for my wife's visa. Can I apply next day of my marriage if all the paperwork is up to date.
Your help will be highly appreciated.

Thanking you in advance.
N. Chowdhury
harv wrote:I do not have any details on how can you get legally divorced in India, so I cannot answer this question.

I think the document she shold from Egypt Authorities would be useful.

I would say that you should seek some professional advice from an Indian soliciter. I am sure there would be a way to get this working.

Best of luck

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