UK Spouse Visa refusal :( :( In total shock

[Mags]

Hello, hope I make sense, im in a bit of an emotional state right now.

My husbands UK spouse visa has just refused, or 'unsuccessful' rather, we just got the email 30 mins ago and so werent expecting this.. thats the worst part, were in total shock.

We have been married 3 years and have 3 small children together. He is a USC, Im a UKC. He was here in the UK previously on a 2 year spouse visa in 2088 and left for the states in 2010, now when the visa ended we didnt apply for settlement because we were wanting to move over to the US. So he went over when i was pregnant and to cut a long story short, we decided a move to US wasnt for us.. we had bitten off more than we could chew, I know, it was all a big mistake, please dont start going on about our choices, feeling really fragile right now.

So he was to return to the UK, but we werent sure about which visa to apply for, since he had been here already on a spouse visa, and there is no one to tell you these things. We were told on a forum that our only option was to apply for the same spouse visa again. The only difference in our circumstances are another baby and he over stayed 8 weeks.

We are so heartbroken right now, weve been crying since we read the email.. first time I have ever seen my husband cry, its all been about gettin to this point and now I dont know what to think, just feel crushed

says in the email that the application had been unsuccessful and details explaining why would be in with his documents which are being sent back to him.

Guys, we are praying with everything we have that its because we have applied for the wrong visa or something along those lines, I need to hold onto that bit of hope right now. We qualify for everything, I just dont understand, I sent lovely photos of him grinning like a chesire cat holding his baby boy that he longed for, seems so cruel to refuse us the right to be a family.

Can you apply for a spouse visa twice? please give me a glimmer of hope, so heartbroken right now, been really hard here on my own with the kids, I just want him home I feel numb with shock, cant accept that they have refused him

Thanks,
Mags x

[Mags]

"Exercise the right of access to a child"

OMG, why werent we told about this Visa, by anyone!!. Our own fault for listening to someone on a forum. Prolly just wasted over a thousand dollars applying for the wrong visa. Do they do refunds?

Ohh I hope to god everything works out, I am truly sorry for each and everyone that is going through this heartache right now xxx

[vinny]

If you're not separated, then a spouse visa from the USA should be the appropriate application.

Do let us know the reasons for the refusal.

[batleykhan]

My gues is that you have applied for the right visa ( spouse = VAF4A) but for some reason they have refused you it because the ECO probally wasnt entirly satisfied on something.

Like Vinny said give us the reason for refusal and then we can suggest something

[Green Giant]

I went to Zimbabwe with my wife and we made an application and they said no and made another application again and they sad no again but then we put in a appeal and we won it in 2 weeks ,and we got the visa

DONT GIVE UP ,JUST KEEP FIGHTING

[charfiji]

Hi

I can't imagine how you must be feeling right now, but try and stay calm - you can appeal this decision. No one one here can really give you any advice until you receive the exact reasons for refusal. I'm guessing that they're satisfied you're a genuine couple seeing as you have children, and have been living together married for 3 years, so perhaps it is a maintenance/accommodation issue. Just speculating...

My advice is to stick with this board. There are so many other forums around, some offering some terrible advice; the only place really worth looking is here.

Be sure to let the board now the reason for refusal asap so you can get some feedback

Stay strong.

[Mags]

Hello again so after a long 9 months, he won the appeal

Wasn't too bad because he's been here for the last 5 and a half months on a visitors visa. The problem with that is he's to send his passport to New York to get it stamped, will he need to travel back to the US, or can he send it from here?

I told the judge he was was here, hopeing they would take that into consideration and stamp his passport here in the UK. Doesn't seem to be anyone we can contact to ask if we can do that, it's all automated answering machines

So yeah, one last hurdle

[shoko]

hi Mags,

so can you clarify a bit,

you guys applied for the spouse visa even though your partner was in the UK on a visitors visa?

you ve applied for appeal after the refusal and won the case?

I am surprised you won it cause on one of the resources it says
"If you have a visa valid for six months or less in the UK you cannot change status to a spouse visa."

thanks

[Mags]

hi Mags,

so can you clarify a bit,

you guys applied for the spouse visa even though your partner was in the UK on a visitors visa?

Hello. No, he applied for the spouse visa from the US and was refused. While waiting on the appeal coming up, he came over here on a visitors visa and was here when his case was heard.

I was worried about it all too, but we thankfully won the appeal, but now I'm worried about him being here and needing to send his visa to New York.

[vinny]

I don't think that he can send passport from the UK to the USA to get it endorsed.

As he has a child, he may argue that it's disproportionate for him to return to the USA to get the spouse visa endorsed. However, then they may grant him discretionary leave instead of FLR(M) (see case laws on 284 and Article 8).

[Mags]

I don't think that he can send passport from the UK to the USA to get it endorsed.

As he has a child, he may argue that it's disproportionate for him to return to the USA to get the spouse visa endorsed. However, then they may grant him discretionary leave instead of FLR(M) (see case laws on 284 and Article 8).

Yeah, it's a hard one and it's not as if we can send it to his parents and then have them send it on, because they'll see he's in the UK with the stamp.

How would I go about enquiring about getting it stamped here, can you contact the embassy or whoever deals with this side of things?

Would HATE for him to leave right now, bad time of year with Christmas, being Santa to 3 kids is expensive as it is

[Mags]

Does anyone know if he has to return for sure, with him being on a visitors visa, would he need to re-enter to switch it to a spouse visa?

[geriatrix]

Yes.

[Greenie]

I am not sure what the problem is - he was going to have to leave before the end of the 6 months anyway the bonus now is that he can come back with leave as a spouse. Father Christmas will be bringing their dad home for Christmas - surely that's the best present they can have?

[Mags]

The problem is we didn't realize he had to leave, and now we don't have the money and he's now an over stayer. So yeah.. one big mess.. but then that's nothing new, it's been one big mess for a long time.

[onourway]

Does he have any friends in the USA? He could post it to them and ask them to post it to the embassy and then the friend could return it to you.

He'd have to leave the UK though and enter again to activate the visa. A cheap trip to France would do it.

[psb]

I think it is illegal to post your passport abroad, I read it somewhere in a forum.