Stressed Out

Thanks for all the quick responses. After reading further into the spousal visa I realize how long it'll take and, legally, you really shouldn't get the green card unless you want to live there. I guess trying the ESTA again and the B-2 are our only two choices...sighs.

And the 214(b) code is simply saying you don't have sufficient "ties" to your country. Back then we were just boyfriend/girlfriend and he wanted to stay longer than the 3 month limit for VWP citizens, so he applied for a tourist visa to come visit me and because of our stupidity we're dealing with this ####### now. At least now he's in an Ausbildung, and since the consular officers have to reside in Germany and are trained to know their culture/government at least they should realize an Ausbildung (internship) isn't like in America where you can just finish it when you're 60. You're lucky when you get one and the opportunity normally only comes once or twice in your youth. Plus, you're getting paid to go to school and obtain the equivalent of a bachelor's degree, so it's better than in the US, haha.

First of all, hi this is my first post on here. I've gotten a lot of help form this site on various laws and regs, but I'm still extremely confused as to which visa would be the smartest one to go for...

My husband of one and a half years(German citizen) and I have been planning on going to visit my parents in Oklahoma for Christmas and New Year's for about half a year now. We noticed his ESTA is going to expire in November, before we fly, so we applied for a new one this past Saturday and on Sunday morning found out his ESTA was denied. Yes, he was denied a B-2 visa in 2010 under the infamous 214(b) code, so we believe that's why it was denied, but he was still able to obtain an ESTA in 2010 the week after his visa was denied, so I find it weird that this time the ESTA wasn't approved.

I've already sent in a request for a redress, but I doubt it will do anything for us. We fly in two months time. Should we apply for another tourist visa or a spouse visa? I've heard the K-3 doesn't exist anymore. We DO NOT plan on moving there, only going for a 3.5 week visit and flying to Arizona in the middle of it.

Thanks for any advice.