Can husband re-enter U.S. on B visa after overstay?

christine55

New Member
Hi all,

Hopefully this is the right place to post my question.

My husband entered the U.S. in August 2013 on the VWP. During his stay, we decided to get married. We were advised by a lawyer that he should stay and apply for a green card while he was in the U.S. instead of going back to Europe and applying from his home country. Big mistake, I know, but we trusted the man we hired and thought everything would work out okay.

After several months, we decided that things would be better for us if we left and lived in his country, so we did. We've been living over here since March 2014. We have since had a baby, have two very good, permanent jobs and have set down our roots overseas, happily.

My husband's VWP expired the end of November 2013, so he only ended up overstaying by 94 days, but I understand that that is still considered a lengthy amount of time.

We would like to go back to the U.S. in the summer to visit my mother, and I know that my husband is now ineligible for the VWP because of his overstay. I know he needs to apply for the B2 visa. My questions are how far in advance do we begin this process and what is the likelihood he will get approved and be allowed to travel?

Thanks in advance!
 
We were advised by a lawyer that he should stay and apply for a green card while he was in the U.S. instead of going back to Europe and applying from his home country. Big mistake, I know, but we trusted the man we hired and thought everything would work out okay.
What's the "mistake"? What the lawyer said is absolutely correct, if he wants to immigrate to the US. But it seems like you guys didn't want to live in the US?

We would like to go back to the U.S. in the summer to visit my mother, and I know that my husband is now ineligible for the VWP because of his overstay. I know he needs to apply for the B2 visa. My questions are how far in advance do we begin this process and what is the likelihood he will get approved and be allowed to travel?
He doesn't have a ban. But he can still be denied. It's impossible to predict what the consular officer will decide. What are his ties to his country? How do they know you won't try to immigrate this time? Even with no overstay, it's difficult sometimes for a spouse of a US citizen to get a visitor visa to the US.
 
Hi and thank you for your reply!

I'm sorry, I guess I misunderstood about the lawyer. I had been told before that the lawyer shouldn't have told him to stay.

We did have every intention of trying to make it work in the U.S., but we weren't able to afford to hire a lawyer or pay for the green card application, so we decided to move overseas where we could both work and make a living for ourselves. Now we both have very good jobs, have roots here, and are trying to buy a house. So we really don't have any intention of moving back right now.

As far as ties go, he does have a full-time permanent contract with good pay and a managerial position. I also have a very good job with good pay and a permanent contract. He is from the U.K., but we live in Norway. He has a son in the U.K., but I suppose if he brought that up, they would just ask him why that wasn't a reason to go back before. We have nothing over in the U.S., as I completely ruined my credit when I left, but again, I'm not sure they would care about that.
 
With good ties to the other country, a spouse of a US citizen has a very good chance of getting the B visa. The US citizen's spouse's ties are especially important.
 
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