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christine55

Husband overstayed VWP, can he return to U.S. for a visit?

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Filed: Timeline

Hi!

My husband went to the U.S. to visit me on the Visa Waiver Program with no intention of overstaying. After his arrival, we decided we wanted to get married. We met with an immigration lawyer who informed us of everything we needed to do to begin the process of getting my husband a green card. We tried to come up with the money to begin the process, but finally after 6 months (3 months after his visa expired) of struggling financially, we gave up and decided to move back to my husband's country. I have now become a legal citizen of Norway.

The problem is I would like to return back home for the holidays to visit my family. I'm pregnant and want my husband to join me just in case anything happens. My husband does not face any sort of ban because he did not overstay by more than 180 days, but I know he will get denied for VWP.

Is there any sort of hope for us to visit my family together? Or should we just settle with the fact that my husband will never be able to visit the U.S. again?

Thank you for your help!

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Filed: K-1 Visa Country: Wales
Timeline

He could try for a B2.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Country: Monaco
Timeline

By overstaying your husband forfeited his VWP privileges, however he doesn't have a lifetime ban for that. He will need to apply for a tourist visa if he wants to visit the US in the future. This overstay may certainly be questioned during the interview and his best move would be to tell the truth as it happened.

It is not an ideal situation but it is not a closed case either. If he has a good job, and enough ties with Norway he may be able to convince the CO he doesn't present a risk of not returning home after his intended visit.

No one will be able to give you guarantees one way or another. He will need to apply for a visa and go through the process.

Good luck!


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Filed: K-1 Visa Country: Wales
Timeline

Depends on the Consulate, but a couple of weeks would be normal.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Country: Monaco
Timeline

There is still time for him to apply and interview for a B2 visa in time for Xmas. It will depend on how soon he is able to schedule an interview at the consulate which depends on the workload at the consulate. Since Norway is a VWP country the wait for visa interviews may not be much too long.

Thanks so much for your quick replies, guys! The B2s typically take time to get processed and approved, right? There's probably no way we could get it done in time for him to go home with me for Christmas this year?


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Filed: Timeline

Okay, so I need to contact the U.S. Embassy here and find out what we need to do? Also, my husband is English, but has lived and worked in Norway for the past 5 years. He has a British passport but has Norwegian residency, along with a permanent job contract, etc. Will that make any difference when meeting with the U.S. Embassy here in Oslo?

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Filed: Country: Monaco
Timeline

If he is a resident, Oslo is the consulate he should contact. Check out their website, below:

http://norway.usembassy.gov/mobile//visas.html

Okay, so I need to contact the U.S. Embassy here and find out what we need to do? Also, my husband is English, but has lived and worked in Norway for the past 5 years. He has a British passport but has Norwegian residency, along with a permanent job contract, etc. Will that make any difference when meeting with the U.S. Embassy here in Oslo?


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It seems to be taking about 6 calendar days for processing a B visa in Oslo.

Here is the link with info:

http://travel.state.gov/content/visas/english/visit/visitor.html

Also you still are an American citizen, so even if he can't get a visa for visiting, this wouldn't disqualify him from receiving a spousal visa in the future. Good luck.


This does not constitute legal advice.

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Filed: Citizen (apr) Country: Italy
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Apply for a B2 now. He should bring tons of proof of his ties to Norway, in order to convince the CO he's not going to overstay again.


- I am the beneficiary -

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