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?

  • 3
    Why would that be a big mistake? After getting married, applying to adjust status from within the US is the easiest and fastest way to get a green card. The process is simple enough that don't particularly need a lawyer. You lose this option by leaving the US, and at this point, you probably do need a lawyer. Nov 29, 2015 at 21:37
  • @MichaelHampton travellers who enter on the VWP are not permitted to extend their stay (except for emergencies) or adjust status.
    – phoog
    Nov 29, 2015 at 23:23
  • @phoog That does not apply in this circumstance. See this USCIS memo for the gory details. Nov 29, 2015 at 23:33
  • 1
    @skv No. The question asker isn't trying to help their husband emigrate - they want to make a visit, having decided against immigration.
    – CMaster
    Nov 30, 2015 at 13:02
  • 1
    @phoog: "travellers who enter on the VWP are not permitted to ... adjust status" This is not true. The bar to people on VWP doing Adjustment of Status (INA 245(c)(4)) does not apply to Immediate Relatives (e.g. if the OP is a US citizen).
    – user102008
    Nov 30, 2015 at 17:26

1 Answer 1


To summarize things:

  1. You are living overseas happily married with kids.
  2. You and your husband would like to visit his in-laws in the US.
  3. 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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