Overstayed VWP in the USA

I am a German/British national. About 6 years ago, I entered the US under the VWP, but overstayed my allowed time. When I left the States, I was asked no questions. I have never been arrested or in trouble.

I'm now married to an American but he's leaving Germany in a month and wants me to go with him. Would it be possible for me to travel back as a tourist, or is a visa recommended?

Best Answer

Since you overstayed the VWP once, you are not eligible to use the VWP anymore. You would need a visa.

If you are going to the US for a short visit, you can try to apply for a tourist visa. Your having overstayed in the past, plus the fact you're married to an American who is settling back in the US (if that's what he's doing) will be negative factors for adjudication of your tourist visa.

If you are planning to immigrate to the US, then your spouse should petition you to immigrate, and at the end of the process you will go get an immigrant visa. Assuming you didn't overstay for more than 1 year, your past stay shouldn't affect you getting an immigrant visa now.

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What happens if you overstay VWP?

Those who overstay the terms of their entrance on the VWP are automatically deported from the United States.

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.

What to do if you have overstayed your visa in USA?

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.

Can I travel within the US if I overstayed my visa?

The answer to your question is Yes. You can travel on domestic and the risk is very little although present.

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