“I got declined for a tourist visa. What are my chances of a spousal visa?”
The short answer: a lot of people get denied tourist visas, especially if they have a spouse in the U.S.
Spousal visas and tourist visas are different types of visas and have separate requirements, as well. For a tourist visa, USCIS wants you to convince them that there is no way you’re going to stay in the United States in an overstay condition and that you’re just going to visit, take some photographs, come back to your country and be a tourist. They want to see significant ties to your country. A great job; a business you own; or for example, you’ve got three kids and they’re not coming with you. They want to see compelling reasons you’re going to return to your country.
When you apply for a spousal visa, it’s exactly the opposite. You’re stating right up front, “I’m coming permanently to live in the United States.” If they told you they denied you for the tourist visa due to some criminal background or a criminal watch list then you may have an issue. But that’s usually not the case. It’s almost always they just think that you are at risk for overstaying. A large portion of the undocumented immigrants in the United States are overstaying. A significant number of immigrants came to the U.S. legally on something like a tourist visa, student visa, and then they never left.
