Visiting fiancé on ESTA while we wait for K-1?

[Shannenwvd 0]

I was on a ESTA. Is that the same a VWP? It was technically only 6 hours over but I know that even 5 minutes is too long. Just an unfortunate case of baby brain (I didn't even know I was pregnant at the time so didn't know to not trust my brain haha). Will this other visa raise more questions?

Thanks for the advice!

[MacUK 983]

ESTA is just a pre-clearance system to get on the flight. You used the Visa Waiver Program (VWP) to enter the US.

So,you left the US at 0600 on your 91st day? I'm sure more knowledgeable member will correct me if I'm wrong but yes, that does mean you can never use VWP/ESTA again.

If it was a situation that was completely and utterly out of control, like being in a coma, serious car accident on the way to the airport or trapped by completely unforeseen weather, then you will need to apply for a B2 and go to the embassy for an interview. This is why people here usually advise tourists not to book for the full 90 days as there's no leeway if something goes wrong.

The embassy might give you some leniency as it was an honest mistake and only 1 day out but you shouldn't count on it. One of the rules about tourist visas is that by law they presume that all applicants are planning to illegally move to the US on their tourist visa and unless they are convinced that you won't then they have to deny it.

Having a K1 already in the system could go either way, depending on the intervening officers opinion. They might see it as proof that you are going about things in the correct manner, or they might see it as immigrant intent. You won't know until they decide.

The plus point is that even if it is denied it won't have any effect on your fiance visa.