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Spouse Visa applicant from America, need help WTD next

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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mrsfaw23
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Posts: 2
Joined: Wed Dec 06, 2017 8:32 pm
United States of America

Spouse Visa applicant from America, need help WTD next

Post by mrsfaw23 » Wed Dec 06, 2017 9:17 pm

I am an american citizen who has applied for my spouse visa to the UK. My husband is a British Citizen, born and raised. We have been dating for three years, married since Sept 2017 and I applied and paid for a settlement visa for 33 months. I have spend $3000 usd on this application/NHS surcharge and I received my denial letter yesterday stating "my HUMAN RIGHTS claim in an application for entry clearance made is refused."
I am completely gutted as I used a small bereavement from my uncle passing to pay for the entirety of my application and NHS surcharge. I don't know how to proceed. I do not want to appeal a HR visa, because I am not seeking asylum from my country, I simply want to rejoin my husband and chosen family there for the holidays.
I don't even know how to proceed here. I did not use a solicitor, we didn't even contact citizens advice or anything. My husband works full time but is in our home trying to figure out what our best next move is.

The reasons for denial are that they don't believe my husband (sponsor) is a British National. [He is a British Citizen, which I checked in my application, and provided his passport number as proof]
Secondly they state they are "Not satisfied my relationship with my sponsor is genuine and subsisting, and that we intend to live together permanently in the UK." [Although, I was living in the UK and being supported by my same sponsor/husband from May 2017 to Sept 2017, and have provided my passport with entry clearance and visit details of the past two years.]

What can we do to prove that my husband is a British citizen? What more can we do to prove our relationship? In the refusal letter they state they do not need skype, whatsapp, telephone records, but at this point my husband is frantically trying to get proof of those to take to a solicitor/advice. I am also providing him with my pet's travel bills and record so that they see that I am establishing (and paying to move) my life and future in the UK. (And I'm paying again to bring my dog, whenever I am allowed to come back. :cry: )

I think the best option is to appeal, but I don't know how when I was applying for a spouse visa and it seems they've processed a family reunion visa. Is there a difference? What do I do? Any advice here is greatly appreciated.

Also- If I try to come for even a holiday visit to bring my documents, and get information on the ground and provide more proof that I am in a genuine relationship, will I be denied entry due to this visa being denied, even though it wasn't the type I was applying for.

Thank you in advance for your time and assistance.

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Spouse Visa applicant from America, need help WTD next

Post by Casa » Wed Dec 06, 2017 10:12 pm

You were required to submit at least a certified copy of your husband's British passport. Didn't you do this? His passport number alone wouldn't have been accepted as proof of his British citizenship.

You are unlikely to be admitted into the UK as a non-visa national entering to visit, due to your refused application for settlement.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

mrsfaw23
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Posts: 2
Joined: Wed Dec 06, 2017 8:32 pm
United States of America

Re: Spouse Visa applicant from America, need help WTD next

Post by mrsfaw23 » Wed Dec 06, 2017 10:26 pm

No, I applied via the Visa4UK website, and I was not asked to provide a certified copy of his passport. I was only asked to provide his passport number.

And, I am not a national of the UK- I am an American citizen who wanted to see my family for the holidays, and now cannot get any help from solicitors in the US, because no one here practices law with EMIGRATION, only people coming to Immigrate to the US.

Stephrich
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Posts: 2
Joined: Mon Dec 18, 2017 5:12 pm
United States of America

Re: Spouse Visa applicant from America, need help WTD next

Post by Stephrich » Mon Dec 18, 2017 9:09 pm

My wife is also an American citizen and we applied for a settlement visa in February 2017 and were refused on the basis that while I am a British Citizen born and bred the passport number alone was not enough proof. We appealed against the decision and were scheduled for a hearing on December 20. On November 17 we had an email telling us that the decision was overturned as we had provided satisfactory proof of my immigration status and that we had a genuine subsisting relationship. They also wanted more financial proof than we had submitted initially. The way we overcame these issues is as follows

We submitted a colour photocopy of my Passport
Bank Statements dating back to 2013 which is when we got married
FaceTime logs
Additional photographs
Letters from family and friends who had met Stephanie

We finally got an email on Saturday asking us to pay the health surcharge so that she could send her passport to Sheffield to have the visa

So Good Luck and remember it's a slow process but don't get disheartened

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