Husband overstayed VWP, how to get approved for B2 visa

Upvote:7

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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