Fiancé or Spouse visa - Partner still married.

My partner is American.

We've been in a long-distance relationship for several years.

She is, however, married. She has two kids and didn't want to divorce until they were adults.

We're now at the point where we're able to look at living together.

My thoughts are that she could apply for a fiancé visa, or we marry somewhere outside the UK and the US and she then returns to the US and applies for a spouse visa.

Getting married after waiting so long and then sending her back to the US -- and waiting several months for the Home Office to screw around -- wouldn't be at all awesome. That said, it avoids paying for both a finance and then a spouse visa and -- more importantly -- as I understand it a spouse visa can only be refused if there is evidence that it's a sham marriage.

I am a little concerned that if she applied for a finance visa the Home Office might look at the fact she's only recently divorced and interpret that as reason to deny a visa on the 'genuine and subsisting' requirement.

I can't find anything that covers this sort of scenario.

Any thoughts or advice would be appreciated.

Thanks in advance.