My Visa Application was Denied..What Do I do Now??

I agree with you totally garry..it was very hard to understand for a layman!
One question my fiance has brought up is how long will it be before I can return to the UK now? Just to visit? Will I have to get a visitors visa from now on to enter?

Terri Sue

There is no mandatory grace period following a refusal, and if you need an entry clearance they will give you a letter that says so.  You didn't get such a letter and you have a standard refusal which is a black line through the consular imprint.

You can still try to enter the UK under Paragraph 41 any time you want.  Like Vicky says, none of us are putting odds on your success of that.  And to be honest, an IO who lets you in immediately after a refusal on grounds of credibility and no financial evidence should be fired on the spot.  But there's nothing that says you can't try.

Since you're in touch with your fiance now, ask him where his attestation was.  I'm curious about that also...

Attestation? What is that?

Attestation? What is that?

In the stuff you included with your application, there would have been a letter from your fiance stating that he was your fiance and was aware of the application and understood its nature.  He would have also outlined the plans thus far for the marriage and explained the rationale for an MVV as opposed to a fiance visa.  Additionally he probably would have vouched for your having accommodation whilst you were visiting the UK, and also would be contributing to your subsistence for the same period.

And if this wasn't in your application, the question to ask is WHY NOT?  Hence my curiosity. 

Terrisue, I am away for a week, so that may be too long.

Oh, and you may have misunderstood...I'm sorry, but if I'm actually writing the letter then it's professional work, with a fee.

Let me know by PM if you are interested, but as I say I'm not back til Sep 1st.

Vicky

Unfortunetly garry, no it was not. We were both ignorant to the entire process. I asked on here more than once what other paperwork I needed to send with my application and no one answered that part. Who knows maybe it got lost in all of my other questions, but I assumed I must have had everything I needed so sent it off. We were in too much of a hurry obviously...
We are now trying to decide which would be the best route to take, me reapplying for my MVV or working on getting his fiance visa and him coming here...
I want to be able to visit the UK tho and am still confused on that, so am wondering if my getting my MVV would be the best route..I just don't know! My taking all the financial papers they asked for with the application with me next time I go won't have any bearing, or will it? Will I have to apply for a visitor visa? Since I didn't get a letter saying I needed an entry clearance but have a 'black mark' what does that mean exactly? If we get married here and he goes back, will I have to get a spousal visa to go see him just for a visit??

I really don't want to beat you about the head on this issue, but why would you trust the people on a public forum, most of whom can only speak from their own experiences?  I've just taken a look at the requirements for a visit for marriage visa at Britain USA, and, as you've already admitted, you were in a hurry!  Because it all seems to be there in black and white, the fact that he should write a letter, information about the wedding, etc.

So you ask if he should come to the US on a fiancee visa to get married?  If he's just coming to get married and then going back to the UK, he doesn't need a visa, just his passport and proof of his ties to the UK, if he should be asked for them by an IO on entry.  Others here may have more experience of that situation and can tell you more.  A fiancee visa is for someone who intends to marry and settle (again, I'm guessing that it works pretty much the same with a US as a UK fiancee visa), not marry on a visit.

To me, it really looks like your easiest, safest option is to reapply for the MVV, including what you included before, but also, as Vicky mentioned, refuting everything in the refusal - include everything they said you didn't include last time.

If you decide to hold off on the wedding, and just want to come to visit, then your next safest bet, IMO, would be to apply for a visitor visa. 

I have heard of others who married and lived apart for several years and visited back and forth with no special visas, just their passports, but if you have that black mark, I would expect (someone correct me if I'm wrong!!!) that you need at least a visit visa and a successful entry into (and exit from) the country to make it sort of disappear.

BTW, this is the link I looked at:

http://www.britainusa.com/visas/articles_show_nt1.asp?a=41191 


I'm assuming it's a nice, up-to-date link, but I could, of course, be wrong!  It's just the first link that came up for an American applying for a UK Marriage for Visit Visa.

Best of luck with whatever you decide to do.

Just a suggestion, I know you've said you had your heart set on marrying in the UK, but could you possibly get married in the US and then apply for a spousal visa? Your fiancee could come to the US, get married and then either 1) you'd apply for the spousal visa (not sure if you'd have to do biometrics again?) and arrive with him in the UK or 2) he could come back to the UK and you could follow shortly afterward after applying and getting your spousal visa. It's not ideal to be apart after the wedding, I know, but it would ensure everything was done correctly and you took time to apply properly.

Just my experience, my husband came to the US for two weeks for us to get married, then he left for the UK. I applied for my spousal visa and joined him a few months later (3 months actually - could have been shorter but I wanted to take my time moving).

Or, like the others have said, reapply for the MVV refuting what they've said and providing all the information needed.

Good luck!

From reading through some of your previous posts, it seems that you are not clear on what the long term plans are for where you will live (apologies if I've got the wrong end of the stick here).

So, if you decide to move to the UK, put the wheels in motion to achieve this, and then either apply for the fiance visa (and marry in the UK) or make arrangements to marry in the US (your finace does not need a fiance visa to do this) and then apply for the spousal visa.

If you want to live in the US, then start the process for your fiance to come over on a K-1 visa, and marry in the US. From what I understand this is a lengthier process.

I definitely think that trying to visit without prior entry clearance of some sort is a bad idea.

I know these are tough decisions, but in my experience, once they are made, it makes things much easier.

Unfortunetly garry, no it was not. We were both ignorant to the entire process.

I think that adequately explains the part of the refusal from paragraph 56D.  Obviously if your fiance didn't step forward and vouch for you, the ECO would look for an appropriate way to refuse.

Basically the application was a complete fiasco. 

I have long advocated that applications where it is clear that the applicant was in over their head be classed as 'minded to refuse' and sent back with forfeiture of the fee but otherwise no further paperwork.  Doing so saves a lot of anger, hasty marriages, ill-conceived marriages, and the like.  And in turn, reducing hasty and ill-conceived marriages reduces domestic violence and broken families.  And that in turn reduces the drain on public funds.

They are not too keen on that idea because it invites leapfrogging, so that classification is still quite a ways out.

Anyway.  Given that the application was a dog's breakfast, I wouldn't be overly eager to refute, but rather to address deficiencies and corrections. 

I now understand why they did not believe the intention to marry....without a support letter from your fiancee, this was never going to get off the ground.

Vicky

Okay, it looks as if we are going to start from scratch so I may be asking a lot of questions to make sure that we get it absolutely right this time!

First off..is my reapplying for the MVV the only way I am going to get rid of this 'black mark' on my passport garry?

I told my fiance about the letter that he needs to write according to the information you gave me in an earlier post. Is there anything else he needs to include in this letter?

He is also going to get the email of the registrar so I can contact him directly, (hopefully), and I will include copies of those.

I do have my dress, so will send a picture of that and a copy of the receipt as Vicky suggested.

The reception will be at our friends house, so I will get a letter from them stating that.

I can't really put any dates on anything tho..or should I put tentative dates?

Why don't you and your fiance talk and arrange a realistic date for yourselves to marry and work towards it? Your getting married right? so set a date.  Once you have a date in mind, its far easier to sort things out around it, you can go ahead and start booking things properly 

Saves all this can't do that as we have no date thing 

The only reason we haven't set an official date is because of airfare prices..The ticket that I purchased was a special deal and half as much as the regular fare. I guess if we set the date far enough in advance another deal like this will appear..hopefully.

Wow..i have spent most of the day on here reading other posts and on some other sites as well.it seems to me it would be so much easier if we just get married here...sooo if we take that route..since he will not be staying after we are married can he apply for a visitors visa to the US or dos he still need to apply for the fiance visa?

He almost got bounced last time he came in March of this year because he had come too often on a visa waiver. Will he have to wait 6 months to come back on that again or longer? Or do I need to go to a different website for these answers?

Eventually I will be moving to the UK permanently, but it will be several years as I have 2 young childen and he has a 12 year old son there ..hence our dilema!

Its so very frustrating..you wait all of your life to find this kind of Love and then you have to move heaven and earth to be together!!  :\\\'(  Crazy as it is, and frustrating as it is, we are not willing to let go!