not sure where to put this question...

[eltig 0]

I entered the us to visit my fiance on the 28th august, I entered on a visa waiver which ran out on the 27th november. I couldn't get a flight out of the US untill the 4th december. On my way boarding the plane out of the country they took the waivers and put them in a box...is me overstaying by 7 days going to affect me visiting for a few weeks over christmas, even if there is no record of me visiting theUS before in my passport? Thanks.

[canadian_wife 1,822]

So you stayed for 3+ months in the US, left 7 days late, and now want to enter the US again for the holidays? There isn't a lot of time between your last 3 month visit and the one you care currently planning. I suggest bringing strong ties to the UK to show that you have firm plans to return to the UK.

It may affect you re-entering. No one can say for sure as it is up to the CBP at the time of entry.

Good luck

[Penguin_ie 5,993]

Yes, it probably will affect you, as technically any overstay is illegal and thus will affect VWP use. Coupled with your long previous stay and short return to the UK, I think there is a real risk you will be turned back at the border. You may want to look into a tourist visa to be safe, though it's probably too late to get that in time for Christmas.

[canadian_wife 1,822]

Try booking a flight, such as through Dublin, where you clear customs before you board the flight. That way if you are denied entry you won't be stuck in the US and forced to buy an expensive ticket home

Good luck.

[English Muffin 59]

Due to your overstay you can no longer use the VWP (ever). Your only option now if you want to visit again is to apply for a B2 visa.

[lucyrich 20]

Due to your overstay you can no longer use the VWP (ever). Your only option now if you want to visit again is to apply for a B2 visa.

Exactly right.

http://www.cbp.gov/xp/cgov/travel/id_visa/...ure/vwp/vwp.xml

Q: Who Is Eligible to Use the VWP?

A: To qualify for admission under the VWP, you must:

... skip a few criteria -- see the link if you're intested ...

* Not have failed to comply with the conditions of any previous admission under the Visa Waiver Program;

...

Once you overstay once on the Visa Waiver Program, you're permanently ineligible to use it again.

You're eligible for a B2 visa theoretically, but you may have a hard time proving non-immigrant intent.

[Brother Hesekiel 2,236]

Given the amount of flights out of the United States of America, it will be hard to convince the I.O. at the B2 interview that there was no flight available within the whole week you overstayed your I-94.

They will argue that if your "dream" connection to the UK wasn't available due to "late booking," you still could have hopped on a plane to Amsterdam, and from there over the channel or flown to Canada, and entered a plane home from there. It would have been a bit more expensive, no doubt, but given the alternative you are now facing -- being ineligible to visit your fiance in the US again until you both are committed to get married within 90 days -- it would have been a hell of a deal.

As they say, hindsight is always 20/20. You might have to go for the K1 now.