Shemz5,
I know 214(b) is very heavily stacked against your husband but he can apply. Worst case, he will be refused. However, miracles do happen and he may get a visa. My sister (also a US citizen) has been married for 14 years. She lives permanently outside the US in Saudi Arabia with her Saudi husband. Not only her husband has never been refused a US B-2 visa, he once also got a 2 year J-1 and lived in Houston with my sister and 4 US citizen kids. I know what works for him is that my sister lives outside the US. However on any visit of his he can AOS and stay back. However he has no intentions of moving to the US and for some reason, all consuls to date have believed his intentions.