Overstayed VWP in the USA

Upvote:4

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.

user102008 20154

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Overstayed VWP in the USA

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