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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?

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    Do you want to go there for a short tourist visit or do you want move there?
    – Some wandering yeti
    Commented Mar 6, 2017 at 23:01
  • How long did you overstay, and how long ago was it?
    – Doc
    Commented Mar 6, 2017 at 23:32

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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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