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

[christine55 5]

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!

[mallafri76 1,012]

If your husband entered on the VWP to visit you and while he was there, you decided to get married, that's perfectly fine according to US immigration law. You should've then filed for adjustment of status after your marriage. The mistake you did was leaving the US instead of adjusting status, your husband now has an overstay and no, he cannot travel on the VWP anymore.

The time it takes for a B2 visa to be approved depends on the embassy handling the application.

I don't have any knowledge of overstays but as far as I understand, less than 180 days overstay doesn't carry the necessary ban but hopefully someone with more knowledge about overstays can come along and way in on that. I do know that it's pretty difficult to get a visa once you have an overstay and with strong ties to the US, which your husband has with an American family, but perhaps if you explain the situation, they might be a bit more understanding. I think the likelihood of that B2 visa strongly depends on the embassy where you'll be applying.

[christine55 5]

Hi and thank you so much for your quick response!

I didn't know about the adjustment of status, I really wish the lawyer we spoke with would have told us about this. Grrrrr.

We live in Oslo, Norway, so that's the embassy he will have to file from. I'll look online and see if I can get any information.

Thank you again!

P.S.

I'm from Austin too!

[Hypnos 6,576]

With only 94 days of overstay then he has no ban; however, he is permanently ineligible to use the VWP again, as you say.

He probably has a slim chance of getting a B-2, because he's married to a US citizen. There's only one way to find out for sure though.

[Boiler 43,426]

Probably the biggest issue is how relatively recent it has been.

Your focus should be on the ties to his country, which one is it, makes a difference.

Probably the biggest issue is how relatively recent it has been.

Your focus should be on the ties to his country, which one is it, makes a difference.

Ooops Norway, well that is as good as it gets.

As an aside nothing wrong with adjusting as you intended.

[Penguin_ie 5,984]

It will be difficult to get a tourist visa for him, because:

- He overstayed

- He tried to adjust status from being a VWP tourist before

- He is married to a US citizen

- this was very recent

That being said, other than the application fee, you have nothing to loose, so may as well give it a try.

[christine55 5]

Thanks guys!

I don't really know how we can prove he has no intent to try to stay again. The only reason was to be with me, and now we are together very happily in Norway. I know this doesn't prove anything, though. I mean, how do people that are married to U.S. citizens get approved for a B2? What things can we use to try to prove ties to Norway? He has a son that lives in the U.K., that would be one tie I suppose but they could ask him why that wasn't a reason to come back before. He has a very good job where he makes good money and is in a managerial position. Aside from his job contract, could he provide proof as income as a possible tie? Maybe a letter from his boss stating his position and how important it is for him? I have a permanent contract and do much better financially here than back home, so that is also a reason for us not to go back, but I suppose they don't care about me...

I'm so angry that we messed this up before, we were just given the wrong information.

[Boiler 43,426]

I think you have a reasonable shot, go for it and let us know.

I do not think you messed up, you said the idea was to stay in the US, adjust was the obvious option.

[Penguin_ie 5,984]

Do YOU have any ties to Norway, such as a good job or business etc?

Sometimes it helps to prove that the USC spouse wants to return to the foreign country too.

[Boiler 43,426]

They both have good jobs.

[christine55 5]

Yes, we both have good jobs.

Would I come with him to the interview as well or would he just bring a copy of my job contract and maybe a letter from me stating my intent to return?

[HFM181818 748]

having abused a privilege before (the VWP), the CO will be wondering why he won't do it again....trust is a very fragile thing...easy to lose, hard to restore.

[ichigo85 6]

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!

When my wife was over here on her B2, I remember them telling her if she overstayed on her B2 then there would be a 10yr or possibly a permanent ban on reentering the US. Since he was on a VWP, I'm not sure. You can the USCIS and they should be able to give you info on if there are any types of bans for overstays using the VWP.

[Boiler 43,426]

Yes, we both have good jobs.

Would I come with him to the interview as well or would he just bring a copy of my job contract and maybe a letter from me stating my intent to return?

Not all Consulates would allow you entry, certainly take a pack maybe they will look at it maybe they will not.

[Boiler 43,426]

When my wife was over here on her B2, I remember them telling her if she overstayed on her B2 then there would be a 10yr or possibly a permanent ban on reentering the US. Since he was on a VWP, I'm not sure. You can the USCIS and they should be able to give you info on if there are any types of bans for overstays using the VWP.

Always a good idea to read the thread before replying.