Getting A New ESTA Whilst In The K1 Process

[Anna Grant 169]

Our US lawyer told me that I couldn't come back to the US until I had the K1 visa - I came back on Tuesday from 89 days with my guy. We submitted the I-129F and got the NOA1 on 24 July, so are hoping to get the NOA2 shortly. I am being made redundant in late November and have sold my flat in anticipation of moving to the US. Therefore, I have nothing to tie me here. I will be leaving most of my stuff, so will get a letter from my landlady saying that I have a significant amount of stuff in storage with her to indicate I'm going to return. I will come over from the end of November until early January. I will probably pay my landlady rent for the time I'm gone as she won't be able to rent it out for such a short period of time.

I have a question though. My passport is due to expire on 13 March 2013 so I was going to renew it now. However, now I'm concerned about my ESTA as that is linked to my passport expiry date. If I renew my passport now, I have to get a new ESTA. Might I be refused one as their records will show that the is a K1 application in process? Would I be better to hold back on renewing it until I get further into the process? I know that I am supposed to have 6 months left on my passport when I travel but also am aware that the US extend passports for travel from people from the UK by 6 months past their expiry date.

Has anyone had experience of getting a new ESTA whilst in the middle of the K1 process? Thanks.

The 'Yes, you can visit' thread has given me hope. I did post this in that thread initially.

Edited October 19, 2012 by Anna Grant

[TBoneTX 46,067]

*** Thread moved from K-1 Process forum to U.K. regional subforum for possibly country-specific answers. ***

[americabidol 17]

Yes you can apply for a new ESTA for your new passport and use this to enter the USA before you get your K1 visa. There should be no problem.

[Nich-Nick 3,354]

Our US lawyer told me that I couldn't come back to the US until I had the K1 visa - I came back on Tuesday from 89 days with my guy. We submitted the I-129F and got the NOA1 on 24 July, so are hoping to get the NOA2 shortly. I am being made redundant in late November and have sold my flat in anticipation of moving to the US. Therefore, I have nothing to tie me here. I will be leaving most of my stuff, so will get a letter from my landlady saying that I have a significant amount of stuff in storage with her to indicate I'm going to return. I will come over from the end of November until early January. I will probably pay my landlady rent for the time I'm gone as she won't be able to rent it out for such a short period of time.

I have a question though. My passport is due to expire on 13 March 2013 so I was going to renew it now. However, now I'm concerned about my ESTA as that is linked to my passport expiry date. If I renew my passport now, I have to get a new ESTA. Might I be refused one as their records will show that the is a K1 application in process? Would I be better to hold back on renewing it until I get further into the process? I know that I am supposed to have 6 months left on my passport when I travel but also am aware that the US extend passports for travel from people from the UK by 6 months past their expiry date.

Has anyone had experience of getting a new ESTA whilst in the middle of the K1 process? Thanks.

The 'Yes, you can visit' thread has given me hope. I did post this in that thread initially.

Look at the bigger picture of getting the visa and the documents needed. London instructions say

Passport:  A Passport must be valid for travel to the United States and must have at least

eight months validity

beyond the issuance date of the visa. Children may be included on a parent's passport, but if over the age of 16, they must have their photographs attached to the passport.

VJ timeline estimates say you are due now to be approved. Get the new passport asap so you will be prepared for your interview. Also read the K1 pinned thread in this UK forum and make sure you've done the things listed in the first post. When you send your forms in to London, be sure and include in your cover letter that you wish to delay your interview until mid-January because you will be away on holiday.

As far as returning so soon after an 89 day stay. You're pushing your luck and may or may not get in. A stay of 3 months, then home 6 weeks, the back again is the kind of thing that eventually gets the attention of the CBP, but maybe not the first time. CBP has told me twice when I asked them that they don't have K1 petition info in their system. It's not against any law to visit with a petition filed. I doubt the ESTA system could tie you to a K1 petition. The databases are not as all encompassing and linked as we might imagine. But frequent long visits and slim ties to the UK are what might get noticed or not.

ESTA details can be edited online. I haven't done it because I never had an ESTA so don't have a way to go in and try it. But I know you can edit addresses or such as that. Maybe you can edit for a new passport. You could go into it and see without submitting. Give it a try and report back just what can be edited.

[jayne d 12]

Your ESTA is linked to your passport number so if you get a new passport you must get a new ESTA for it. I visited my fiance whilst my K1 visa was being processed. Take along any documents that show you still have ties to the UK as well as your NOA1 if you have a copy of it.

[Anna Grant 169]

Thanks for all the advice

The current turn around time for passport renewals is 4 weeks. I can't take that chance. So I've just booked an appointment for the premimium service for Wednesday which will enable me to have a new passport in 4 hours. Then I'll apply for a new ESTA linked to my new passport

With current timelines for interviews in London, I thought there was no chance that I would be called to one before 10 January (my likely return date). However, is it still best to include in the cover letter that I'm not available for interview until 11 January?

[Nich-Nick 3,354]

Thanks for all the advice

The current turn around time for passport renewals is 4 weeks. I can't take that chance. So I've just booked an appointment for the premimium service for Wednesday which will enable me to have a new passport in 4 hours. Then I'll apply for a new ESTA linked to my new passport

With current timelines for interviews in London, I thought there was no chance that I would be called to one before 10 January (my likely return date). However, is it still best to include in the cover letter that I'm not available for interview until 11 January?

Well, it depends on if you get NOA2 and NVC sends it quickly on to London, and if you have your medical exam before you leave. They won't assign an interview until the medical is received, so you may be putting a 5-6 week pause in there and will do the medical and DS-2001 after your return. In that case, no need to inform them because without those last two things, they won't assign an interview anyway. Too early to know with the petition not actually approved. If you are able to get everything in before the trip, then I would inform them. Some people get two weeks or less notice before their interview.

[Anna Grant 169]

Well, it depends on if you get NOA2 and NVC sends it quickly on to London, and if you have your medical exam before you leave. They won't assign an interview until the medical is received, so you may be putting a 5-6 week pause in there and will do the medical and DS-2001 after your return. In that case, no need to inform them because without those last two things, they won't assign an interview anyway. Too early to know with the petition not actually approved. If you are able to get everything in before the trip, then I would inform them. Some people get two weeks or less notice before their interview.

Thank you very much Nich-Nick. From browsing the site more tonight, I can see that your information is very helpful. Thanks again.

[Anna Grant 169]

Just an update.

Because I couldn't leave the processing of my new passport to chance (they are taking 4 weeks), I went for the premium service. Made the appointment late on Friday for the following Wednesday at 8:15 in Eccleston Sq, London. Took about 30 - 40 minutes (20 minutes of that was waiting). Lucratve business - lots of people going through the premium route. Cost £128 but at least I had my new passport 4 hours later and then submitted my ESTA when I gto back home. Was processed fine.

Whilst at the passport office, the person dealing with my passport looked at the photo in my passport and then at my new phot and went back and forth a few times. I said 'yes, I've lost 60lbs in weight in 9.5 years'. 'Yes, you have', she said 'But I can still see it's you.' I was very glad about that as I would have had to go to get it countersigned if she didn't think it was me!