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

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

    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!

  • #2
    Originally posted by christine55 View Post
    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!
    I am not sure how far in advance you need to apply for B2 visa but overstaying party, He will have to do quiet explanation at the embassy for them to trust him again to issue visa.

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