Anyone ever denied for spousal visa??

Yes you all are right.......I will try and chill......Ummm sounds like a trip to my local Mexican place for a margarita!   All of you have been really great..... Cant wait till I am on the other side of the pond ........Really excited now!

Last year the North American desk refused 43 applications, or roughly 1 out of every 120 applicants.  Of those refused, the largest chunk was visa nationals and then those who were illegal in the US in the first instance. 


If a UK citizen overstays their visa in the US, could this prohibit his/her US partner from getting an Unmarried Partners visa? We hope to move early next year. Any advice is appreciated.

I was told that you are suppose to be in the US if you are a US citizen to apply for a spousal visa. My husband is US citizen. I am UK citizen. We will be coming over to secure a place to live, etc. I was told that once we do this, my husband will have to fly back to the US to get the spousal visa. Is this true?

I was told that you are suppose to be in the US if you are a US citizen to apply for a spousal visa. My husband is US citizen. I am UK citizen. We will be coming over to secure a place to live, etc. I was told that once we do this, my husband will have to fly back to the US to get the spousal visa. Is this true?

 Yup......that's where he's gotta get it.

 Yup......that's where he's gotta get it.

Yep.  He also cannot enter the country on a tourist visa w/the intention of seeking employment or getting a job.  Also, your children must go back and get the appropriate visas.  They cannot enter to settle in the UK w/a  tourist visa.

If a UK citizen overstays their visa in the US, could this prohibit his/her US partner from getting an Unmarried Partners visa? We hope to move early next year. Any advice is appreciated.

No, it's the applicant who needs to be settled in the USA legally in order to access the British consulate for settlement applications.   

Having said that, it's important to note that you if get busted and incarcerated, your partner can be refused on the grounds of 'intent to live together'.  And the tribunal has already upheld such refusals - in a *decisive* way. 

So be careful...

Given that, Garry, would hiring an immigration lawyer from the start of our process help us any? We are desperate to get out of the States and lead a "normal" life of not looking over our shoulders all the time. Should she return to the UK before I do and we file for the visa once she's safely over there? I apologize for all the questions and thank you for any advice/insight you can offer.
 

World-wide, about 87% of all applications are done through an advisor or professionally prepared, *BUT* if you've got clean noses and your case is straight-forward, there's usually no need for a non-visa national to engage an advisor.  Some do because they don't have the time, or don't know the rules, or just want to outsource the stress to someone else.  Others need an advisor because there's a genuine problem.  But for what you have laid out in this thread, it would be overkill.  So keep your noses clean 

In hammering out your strategy, it might be useful to note that they are still allowing in-country switches from visitor to UP   as long as the applicant has the requisite cohab prior to any removal actions.   

Thanks so much for your advice. Aside from her expired visa, our noses are squeaky clean! I do appreciate your comments.
Wondering now if I should go over there on a tourist visa and apply for UP visa once we get there. We have lived together here for 6 years, surely that is enough evidence for proof of something!