Husband overstayed VWP, how to get approved for B2 visa
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 have 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.
What kind of documents can he provide to prove his ties to his country? How likely is it that he will get approved to travel?
Best Answer
To summarize things:
- You are living overseas happily married with kids.
- You and your husband would like to visit his in-laws in the US.
- He is not eligible for VWP, as he overstayed during his last visit; and would like to apply for B2.
I am assuming that you are a US citizen.
Your husband should apply with the normal documents that prove ties to the third country where you are staying; just as if he was applying for a B2 normally. These include - bank statements, salary certificate, property (if applicable).
If I recall correctly, in the visa application there is a place where you tick if you have overstayed or if you have been deported before; I believe in the same area where it asks if you have ever been convicted, etc.
During the interview process, you can explain the situation - be honest, do not lie - do not embellish, and do not volunteer extra information.
The likely hood of him being accepted/denied is up to the strength of your application and the interview process; no one here can tell you anything more concrete than that.
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What happens if you marry someone who overstayed their visa?
If you overstay your visa for less than 180 days, you may leave the U.S. and apply for a Green Card through consular processing. If your overstay has been more than 180 days, the only option is to wait for your spouse to become a U.S. citizen and then apply for I-485 Adjustment of Status inside the U.S.Can I come back to the US if I overstayed?
Overstays & Unlawful Presence If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.Can VWP adjust status?
Entering the United States through the Visa Waiver Program counts as a lawful entry. However, the law that created the Visa Waiver Program also stipulates that VWP entrants are not allowed to change or adjust their status. This prevents most VWP entrants from adjusting status.How do I fix an overstayed visa?
You can apply to become a green card holder from inside the United States (known as an adjustment of status) or abroad (through consular processing). As discussed earlier, if you have any unlawful status and leave the United States, you will have to get a new visa, and you will face a bar upon your return.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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