live overseas-previous vwp overstay for spouse. Applying b-2 visa. Assistance requested.

[aynom 0]

Hi,

My Italian husband visited me 2 months in the US over 2 years ago; Married 7.2011. Always planned to live in Italy. Separated some months. I visited Italy some weeks and separate (planning to move my children and myself to Italy in this time and working last year in contract before move). Husband came on vwp end of Jan 2012. We had planned he would come in April to help pack things up and we would all leave together July 4 for Italy so as to not come close to overstay. Had difficulties that became very hard in this time. He worried and came early; planning to leave before 3 months. Things became difficult; we planned on leaving and not returning and thought hard about his leaving with ticket for April 1 but in the end, didn't leave. We all left July 4, 2012. Overstay exactly 69 days. We are planning to return now permanently (it has been more difficult then anticipated for kids). We are planning to set up domicile and purchasing a home in Fl in Jan. We would like to stay there for a few months (my children [teenagers]) staying and not returning to Italy). I plan to come back here for the month of May to file DCF (takes maybe a few months at most typically here for approval on green card). Then return to the US (family coming to stay with kids in US for the few weeks I am away). We have a lot of responsibilities here. My husband has to oversee selling our home here, liquidating some assetts and making sure everything is smoothed out with family fo business connections, etc.

It is our first preference to seek a B2 visa here for only the three months or so (he honestly can't be in the US longer; our home is for sale now and we anticipate the sale to happen this June or July with closing time then. It's impossible to take care of anything like this from somewhere else. He also has other properties that need to be settled; he just can't stay any longer). This is a worrying experience for us; we are really upending our entire life established here for this relocation. Are there problems that can be foreseen due to his previous overstay almost 2 years ago?

Also, we are applying now for the B2 and not sure about something. On his passport, he was listed single. He has to change his passport to married but the overstay will show on the previous one. We are putting all our info based on the one that has been used. When do we change over to a new one and will that pose a problem if the B2 is approved? Will they tell us if it is necessary to change before the approval? We are documenting the overstay as well as the other visit on this barcode on the application we are working on.

Thank you in advance for any help.

[canadian_wife 1,822]

With the overstay and clear immigrant intent, it may be more difficult for him to get a visa. He should bring STRONG ties to Italy.

Passport....I would say it shouldn't matter but honestly I don't know. I changed my passport as soon as I got married so I wouldn't have to worry. I hope it doesn't matter for you though, sounds like you already have a lot going on

good luck

[aynom 0]

Thanks for the response. I am not sure how much more we can show with strong ties here; we have a home just purchased 9 months ago, own a newer vehicle, shares ownership of two other properties with his mother and cousins. His uncle just passed some months ago leaving a fairly substantial inheritance that requires all the family members listed be there (him being the primary inheriter, as listed on all bank statements and paperwork), pay taxes (just paid) and sell of remaining two properties in order for all of them to recieve. He has a job but it's fairly easy with his clients to take time off. However, employment for years has been established. This relocation is not a benefit for him but more of a sacrifice. His family is in a panic at this point. I can't think of any other ways that would prove he would not be staying. Any advice at all on this would really help.

We have been together 6 years; almost 4 of them living in separate countries. This time here is the first established and secure time we have had together and kind of got used to waking up mornings together. I think everyone can understand; we will do this separate the next 6 to 8 months because it is important for the kids. But, it will be even more difficult now and he's already giving up everything he holds dear to leave here.

[aaron2020 11,651]

With an overstay and immigrant intent, his chances are low for a visitor visa.

Everyone makes sacrifices when leaving their home countries, so those circumstances have zero consideration in granting a visitor visa. Also, immigrating to the US will not make him more sympathetic for a visitor visa. It will look more like a way to circumvent the immigration wait.

There is no harm in applying for the visitor visa since a denial would have no affect on the immigration visa.

[aynom 0]

Thanks. We understand and have come to the same conclusion. Our plans are in consideration of the familiar separations during a long process. I am sorry, I know everyone has to sacrifice and separate, and I know that is just the way it has to be done but, in these moments, knowing I will yet again have to split up my family and leave the person whom is my life is heart breaking for us both (not just a love but the rock I have been a little spoiled to finally have with me). This is not fair. Sorry to not be so unemotional and stoic for the whole thing. Been doing that for the last years and it's getting a little frustrating. And harder every year. We are not so young.

Thank you for your help.

[gabe86 0]

Hi everyone, my interview at the consulate in Naples will be on the 13th of november. I wanted to know how long will I wait before they give me the visa. I read somewhere on this website they will give it to you the same day. somewhere else i read it will be given the day after which is the same thing they told me at the NVC

some place else i read they will send it to me by mail... which version should i believe? i would really much like to know when i can go back to my wife and daughter..

thanks everyone