A unique situation

[nepal123]

I have a different case I guess.

Please share your idea, even its not canada immigration but general immigration

I am a Nepali national.

I and my wife was granted schengen visa from Kathmandu, Nepal from French embassy in 2012. We had a holiday visa for 2 weeks. when issuing the visa, the french embassy had told us to come back at the embassy with the passport after visit.

The worse thing happend, My wife eloped with her ex boyfriend during our trip in europe. I came home by myself before the visa expired. I did not violate my visa.

I dont know What my ex wife did with the visa, she might have overstayed in europe. With the help of her friends and family members we did divorce, while she was in europe. I have the divorce paper given by my court.

Here is my question, does this event may affect my new schenzen visa application here, I am about to apply for German visa where I have to go fro my business?

Please share your idea and thoughts.

 

[Bryanna]

Hi,

Based on what you've mentioned, the facts that work in your favor are..... you returned from France before the expiry of that Schengen visa + you did not breach the conditions attached to your visa + you have a divorce decree from an ex-wife who has possibly overstayed

Your new Schengen visa for Germany will be assessed based on the documents that you provide.... and if you meet the requirements then there should be no problem.

btw when you served the summons for divorce on your wife.... you would have had her mailing address in France (?).... or was it an ex-parte divorce decree? Just asking out of curiosity.... not that it matters for your new Schengen visa


All the best

 

[nepal123]

Thanks Bryanna,

The divorce procese was done from my home country's court, not from France. She sent her consent letter for devorce to my lawyer here in Nepal. I am only afraid that i could not show up to the french embassy after my return due to the truma I had from the situation. But I wrote an email to them and told what happend and sent scaned copy of the passport page of my return. My passport is clean and Personally i didnot breach my visa. It is only due to my ex wife who used me to enter schengen area.

Thanks for your kind reply.

 

[Bryanna]

You have the entry stamp in your passport on returning.... which would again prove that you returned before the expiry of that Schengen visa + your email to the French embassy, etc.... so there should be no problems for your new Schengen visa


All the best

 

[nepal123]

Thanks Bryan. I will let you know about my ne visa. thanks in loads for your ideas.

 

[nepal123]

I was worried if I were put in blacklist in schengen information system, i hope i am not.

 

[Bryanna]

Are you aware of an alert against yourself or your ex-wife in the Schengen Information System (SIS)? When an alert is issued then there is every possibility of being refused another Schengen visa

An alert is issued if someone breaches the conditions of the Schengen visa or commits a serious offence in that country.

As you did not overstay + you did not breach the conditions attached to that visa + you have a divorce decree.... all this will help you.


"In its judgement of 31 January 2006, the Court of Justice of the European Communities has ruled that a Schengen visa may not be denied to a national of a third country who is the spouse of a EU national on the sole ground that he or she is a person for whom an alert was entered in the Schengen Information System, without first verifying if the presence of this person constituted a genuine, present and sufficiently serious threat affecting the fundamental interests of society."


In this case you have already divorced your wife.... and you do not have any information where she is presently

 

[nepal123]

Thanks a lot Bryanna. I really appreciated your help.