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I am an Indian citizen and would be highly thankful if anyone could suggest me a better option.

My husband initially got a short term work visa to work in U.K., so I applied for a family visitor visa and I got rejected on the basis that I may not return until my husband's visa expires. I didnt. Now after a month or two he needs to attend U.S. on an H1B visa to work there for the same company. He is planning for me to apply for a dependent visa along with him but he is worried that there may be an impact on my dependent visa as I have a rejected U.K. visa application. Is there really impact on U.S dependent visa based on the rejected UK family visitor visa? If there is any impact, I would like to plan to reapply U.K. visa.

  • Could be. You might need to answer some questions. – DumbCoder Nov 19 '14 at 16:02
  • On what basis do you want to reapply for a UK visa if your spouse is relocating to the US? – Gayot Fow Nov 19 '14 at 16:15
  • @GayotFow She wants to be able to show an approved UK visa when applying for a US visa. – mkennedy Nov 19 '14 at 19:10
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Any time you apply for a visa, you need to (as you've shown you're aware) declare any previous rejections, for that or other countries.

IF (as you do), you have a rejection, this simply raises a question for the official to ask - 'Why?'. Many people may have a simple and not unreasonable reason for rejection - incomplete application, not enough funds shown, or no evidence that you weren't going to hang around in the country. It's fair, there are rules, and when there's a question it needs to be asked.

What you need to do in this case is convince the official that there's no reason to hold this against you. So for example, in your case, you can and should clearly show it wasn't for criminal reasons.

So:

  • include a written, DETAILED explanation of what happened with the rejection. Be completely open and honest, but above all, clear about why you applied, what your intent was, and what the reason for rejection was. Don't complain about it or have emotion, just describe it. Make sure to indicate that the rejection was NOT for anything criminal.
  • for the application for the visa for the US, indicate:
    • how you will be supported (your husband? previous funds?) - show paperwork - contracts for your husband's job, bank account statements, and a letter covering it
    • if you have accommodation organised already in the US, show this. If you have employment, show this
    • if you're intending on returning back to India in say, a year, explain this as well. Show that you have a family, house, maybe a job(?) to return to, and why you won't be intending to stay on longer than expected.

Basically, be open, clear and honest about your intent. If you can clear the concerns the officer has - that you're not a criminal, that you can support yourself (or will be supported), and that you have a plan and funds in the US, that's what they're focusing on for your application.

After that, it's in the hands of the official. As with all applications, nothing is definite - we can't say for certain 'yes' or 'no' as to whether they'll approve, but you can give yourself the best possible chance by having no questions or issues with your application.

  • Also H1B is "dual intention" visa, so there is less emphasis during the interview on your husband's (and thus your) return. – George Y. Oct 4 '16 at 1:37