I am a British citizen and engaged to an American. I have been twice denied a tourist visa to visit the US due to lack of ties to the U.K. The consequence of this is that I have now lost my ESTA and cannot visit the US at all without a visa. Therefore we are now looking into getting married and my fiancé coming to the UK with her daughter on a spouse visa. However if she is denied the visa, will she be able to visit for a month or so as a tourist? Or will she be denied completely as happened to me when trying to visit the US? If that happens we may never see one another!
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This is pretty much an opinion based question however give it some thought for a minute. If a person is denied a spouse visa (whether settlement or marriage visitor), why would it be reasonable to issue her a visitors visa?
Wouldn’t the logical conclusion be that she’s going to overstay and try to change her status from within the UK? Nothing is impossible however the odds are slim at best unless the denial is on a technicality that can easily be fixed.
Your motivation now is to make sure the spouse visa (marriage visitor or settlement) is approved by putting in a solid application so that the fallback becomes moot. Even if it requires the services of an attorney, it would be money well spent.
Augustine of Hippo
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