How does ESTA effect K1 application

[wonni 0]

I have following situation:

In July I overstayed a ESTA VWP 10 days.

Our K1-petition got approved last month and I just filled out and submitted the DS-160.

Of course, I truthfully answered the question about the overstay. Now an hour after I submitted the form, I got a email from Esta, saying my status changed and I should check my Status. They now changed it to "Not authorised to travel into US". Is that a normal step, what they always do when you submit DS-160? Or didnt they even realise, that I overstayed and now they changed it because I told them? Is that even possible, that they checked the ds160 this quick and already made changes with the esta because of that?

Of course, I am scared now, that they will deny the visa because of that...

Has anybody expieriences with a case like that?

Thanks in advance

[corvusheart 163]

My fiance has come here on ESTA as well for multiple visits to see me but never overstayed. I'm wondering if this will happen to us as well even without the overstay. I might just be protocol. Maybe applying for a visa cancels out the ESTA. Or maybe it's because now there's an intent to marry and stay I'd like to know this as well.

[wonni 0]

anybody any informations or expieriences?

[JohnR! 5,495]

I have following situation:

In July I overstayed a ESTA VWP 10 days.

Our K1-petition got approved last month and I just filled out and submitted the DS-160.

Of course, I truthfully answered the question about the overstay. Now an hour after I submitted the form, I got a email from Esta, saying my status changed and I should check my Status. They now changed it to "Not authorised to travel into US". Is that a normal step, what they always do when you submit DS-160? Or didnt they even realise, that I overstayed and now they changed it because I told them? Is that even possible, that they checked the ds160 this quick and already made changes with the esta because of that?

Of course, I am scared now, that they will deny the visa because of that...

Has anybody expieriences with a case like that?

Thanks in advance

Your VWP privilege was canceled as a reusult of your overstay, therefore the IO may not grant you a tourist visa.You may need to just sit tight and wait for your K-1 to come through before you can travel to the US. On a positive note, the overstay should not affect your K-1.

You did the right thing by disclosing the overstay. It is recorded in the system and your ESTA would have been flagged. Had you lied, it migh have affected your K-1 negatively, or worse, you might have been refused admission at the POE if you tried to re-enter the US under the VWP.

[Ben + Michelle 9]

My ESTA Status did not change.

As far as I know are you allowed to travel under VWP ESTA to the US during the K-1 process until you get the visa. Once the visa is in your passport you can not choose to travel under vwp and have to come into the country with the K-1 and get married in 90 days.

Edited March 18, 2014 by Ben + Michelle

[aaron2020 11,651]

My ESTA Status did not change.

As far as I know are you allowed to travel under VWP ESTA to the US during the K-1 process until you get the visa. Once the visa is in your passport you can not choose to travel under vwp and have to come into the country with the K-1 and get married in 90 days.

OP cannot travel on VWP during the K-1 process. Her VWP automatically was revoked once she overstayed.

[Ben + Michelle 9]

OP cannot travel on VWP during the K-1 process. Her VWP automatically was revoked once she overstayed.

yes, sorry, I meant _normally_ you can travel during the process.

[aaron2020 11,651]

I have following situation:

In July I overstayed a ESTA VWP 10 days.

Our K1-petition got approved last month and I just filled out and submitted the DS-160.

Of course, I truthfully answered the question about the overstay. Now an hour after I submitted the form, I got a email from Esta, saying my status changed and I should check my Status. They now changed it to "Not authorised to travel into US". Is that a normal step, what they always do when you submit DS-160? Or didnt they even realise, that I overstayed and now they changed it because I told them? Is that even possible, that they checked the ds160 this quick and already made changes with the esta because of that?

Of course, I am scared now, that they will deny the visa because of that...

Has anybody expieriences with a case like that?

Thanks in advance

Don't be scare. Overstaying on the VWP is not going to affect your K-1 petition.

As soon as you overstayed, your VWP privileges were automatically revoked. You have an obligation to disclose your overstay. If you had not and tried to use the VWP, you would be refused entry at the POE and book a flight immediately home at your expense.

The overstay makes it unlikely that you will get a visitor visa.

The overstay will not affect your K-1.

[JohnR! 5,495]

My ESTA Status did not change.

As far as I know are you allowed to travel under VWP ESTA to the US during the K-1 process until you get the visa. Once the visa is in your passport you can not choose to travel under vwp and have to come into the country with the K-1 and get married in 90 days.

Indeed you are. The ESTA refusal is connected to the overstay in all likelihood.