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GrabehLang

Does tourist visa denial affect spousal visa application?

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My husband underwent 2 surgeries in a month (the other one was due to complication after the first surgery). I need to visit him as he has been living alone. Of course, I can't stand watching him in pain and I felt helpless just having a hold on him via video chats. His doctor emailed me a letter addressed to the embassy that I need to be with my husband during critical care. We married last December 2017 but haven't started the petition yet due to requirement (marriage certificate etc.which take quite a while to be released) and my work constraints. I booked for an emergency appointment interview furnishing the embassy the doctor's letter and got approved the next day for interview. During the interview, I said that I will be back after 2 weeks as my approved leave is for 2 weeks. I'm a manager and a corporate secretary so I need to be back. He asked that what if his condition wouldn't improve would you still stay? I said, I can extend for three weeks. Unfortunately, I got denied of a tourist visa and just want to jump in Manila Bay after what he said. I almost cried to the consul but to no avail. I am planning for an expedited spousal visa. Does the denial have an effect on the spousal visa application? 

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A nonimmigrant should not affect your spousal visa unless you lied or did something fraudulently which, by you post, doesn’t seem like you did.

 

You should be fine. Hope your fiancé recovers soon.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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45 minutes ago, GrabehLang said:

Does the denial have an effect on the spousal visa application? 

No.

 

45 minutes ago, GrabehLang said:

 I am planning for an expedited spousal visa.

If you are requesting expedition due to his health---you may not have a strong reason for expedition unless your spouse is gravely ill (ie. near-death).  It's always worth a try, though, good luck with it...I would encourage you to submit medical and hospital records stating his diagnosis AND prognosis with the expedite request.  You are going to need more than just a letter from the doctor.

 

Is there anyone in the US that can provide care/support for your husband now?  

 

 

Edited by Going through

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45 minutes ago, GrabehLang said:

My husband underwent 2 surgeries in a month (the other one was due to complication after the first surgery). I need to visit him as he has been living alone. Of course, I can't stand watching him in pain and I felt helpless just having a hold on him via video chats. His doctor emailed me a letter addressed to the embassy that I need to be with my husband during critical care. We married last December 2017 but haven't started the petition yet due to requirement (marriage certificate etc.which take quite a while to be released) and my work constraints. I booked for an emergency appointment interview furnishing the embassy the doctor's letter and got approved the next day for interview. During the interview, I said that I will be back after 2 weeks as my approved leave is for 2 weeks. I'm a manager and a corporate secretary so I need to be back. He asked that what if his condition wouldn't improve would you still stay? I said, I can extend for three weeks. Unfortunately, I got denied of a tourist visa and just want to jump in Manila Bay after what he said. I almost cried to the consul but to no avail. I am planning for an expedited spousal visa. Does the denial have an effect on the spousal visa application? 

Embassy does not look at your husband's medical condition as a reason for issuing a visa.   Being denied the tourist visa was pretty much a given.

 

The denial of the tourist visa will not have any effect on the spousal petition/visa application.   I know of many that were denied a tourist visa, then later received their immigrant visa.   You will be fine in that regard.

 

I hope USCIS/NVC/USEM expedite your visa for you.   

Edited by Hank_

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I just wanted to add.... if you still have not started the spousal visa then even if you expedite it will not be enough time. Oral surgery only requires a couple weeks recover (unless it is a broken jaw or total reconstruction surgery). So by the time your spousal visa is even pass the petition stage he will more than likely be fully recovered. In fact, by the time you submit the initial petition, he may be close to full recovery.

 

The reason I say this is because this is the argument that can be made to reject your expedite.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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12 minutes ago, NuestraUnion said:

I just wanted to add.... if you still have not started the spousal visa then even if you expedite it will not be enough time. Oral surgery only requires a couple weeks recover (unless it is a broken jaw or total reconstruction surgery). So by the time your spousal visa is even pass the petition stage he will more than likely be fully recovered. In fact, by the time you submit the initial petition, he may be close to full recovery.

 

The reason I say this is because this is the argument that can be made to reject your expedite.

Two surgeries in a month, not two surgeries in his mouth.


YMMV

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2 minutes ago, payxibka said:

Two surgeries in a month, not two surgeries in his mouth.

Oh wow. Thanks for pointing that out. Early in the morning and I guess my eyes have not adjusted yet.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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