Visiting US boyfriend after 2 days overstay on a VWP due to missed flight?

[Lily_p 0]

Hi!

I think I may have a problem, and I have been googling all over the internet the last few days trying to figure out what to do next. So I am posting here, hoping someone might be able to give me some advice.

First, some background:

I am from Norway, and I have been in a romantic long-distance relationship with a US citizen for about 3 years now. During this time, I've visited him about twice a year, around 70 to 80 days each time on average. He has also visited me a couple of times, but as I am enrolled in a long-distance education course, I am more flexible to travel than he is. I have not been given a particularly hard time at the border over this, and this arrangement has worked quite well for us so far. Well, at least until now...

But at the end of my last visit, I got a little sick and ended up resceduling my flight from 82 days to 90. Foolish, I know. But I was really not feeling well, and I guess I was thinking it would still be okay. But then I ran into some traffic on my way to the airport, and managed to miss that flight. They were practically closing down as I stormed into JFK. After realizing what I had done, I went down to the CBP office, and explained my situation to an officer there. He just told me to go back and scedule the next flight out, and take care to keep my ticket as proof of my intention to leave on time. So I did that, and I also kept the JFK taxi slip so that I would be able to show that I was at the airport that day with every intention to go home.

I returned on the first flight home, which was on the 92nd day. A week later, I reapplied to ESTA and was approved again. I am planning another trip in January, but I feel very uncertain about this now, and I do not want to risk making a bad situation worse for myself. Thus, I have a few questions:

1. If I decide to roll the dice and travel on the VWP, what is the worst that can happen? I know I can expect a grilling, and probably be sent to secondary. Perhaps I will be turned back. But if it comes to that, how bad would that be for me and my chances of getting a visa back home? I know it would cost me my VWP authorization, but would I receive a mark on my passport that could make all travel difficult for me later, even to other countries than the US? Which brings me to my next question:

2. Would it be better for me to just apply for a visitor's visa instead? I am concerned I may run into problems convincing them that I do not intend to immigrate. Which I do not at this time, nor do I intend to get married on my next trip. Or next year for that matter. I really just want to visit him, but I feel as though I'm falling between two chairs here. The relationship I have with this man is not at the stage where it is reasonable to get married yet, and I am really not ready to just up and leave my life in Norway right now. So while I know about the K1 visa, that option would require us to rush this relationship into becoming something that it is currently not. As far as ties to my home country goes, I own an apartment and I am also part-owner in my family's business. I only intend to stay for 80-some days on my next trip, as I need to get home to deal with the annual taxes. I am not currently employed, as I'm studying. Financially, I am able to prove that I can support myself in the US for the duration of this trip, so that should not be a problem. Anything else I should think about, in my situation?

I really don't know what to do here. I deeply regret my overstay, but it's too late to change that now. I just want to be able to make an informed decision about what to do next. A decision that would have the best chance of success, or at the very least, would not be likely to cause further damage.

[Stressed Out 81]

Never ever apply for a tourist visa when you come from a VWP country unless you have good reason (taking a massive road trip). Tourist visas are one of the hardest visas to get and sometimes it's even harder for citizens of VWP countries to get because it's difficult to explain to a CO that you wish to stay longer than your already-authorized 90 days without looking a bit suspicious.

I'm assuming you still have proof from your last visit that can help in documenting what went down at the JFK airport that day. With documentation to support your story and only a mere 2 day overstay you have zero problems lying ahead of you. Even IF (and it's a big if) they would pull you aside and interrogate you further, I don't see an actual threat of deportation - only secondary questioning.

Speaking from experience (my poor husband acts like a shelter dog with an abusive past when he goes through Customs, lol) don't apply for a B-2 and just go through Customs with your approved ESTA (which is already a big plus).

[Lily_p 0]

Yes, I still have all the documents. Thank you so much for your reply, I feel a little better about this now.

[canadian_wife 1,808]

You said you reapplied for ESTA, did you note your 2 day overstay from the last trip?

good luck

[Lily_p 0]

No, i didn't. That question was not asked specifically, so I'm a little confused about what you mean? I was asked if I had ever been excluded and deported, or been previously removed from the United States, or procured or attempted to procure a visa into the U.S. by fraud or misrepresentation. Which would be no.

[canadian_wife 1,808]

Sorry, Canadians do not travel on ESTA, is there not a question regarding overstays?

good luck

[Lily_p 0]

Okay, now I got a little worried again, so I googled that too. Apparently the ESTA application form was updated recently, a few weeks after I submitted my application. So I haven't lied to them, but should I be worried about this?

Edit to add: There didn't use to be any question specifically asking that, but there may well be now. These changes took place in the beginning of November, I think, so it would be new.

Edited November 25, 2014 by Lily_p

[yuna628 9,652]

Well, here is what the government says about reasons for legit overstay.

Satisfactory departure is only granted for real emergencies, such as hospitalization, conditions that cause flights to be cancelled or delayed for more than 24 hours (i.e. weather, worker strikes, etc. etc.) Otherwise, people visiting under the VWP may not extend their period of stay beyond their initial 90 days.

If you are unable to go to a USCIS office to obtain satisfactory departure because your overstay is due to a weather-related emergency and you are staying close to the airport until boarding, we suggest you keep a copy of any evidence you have of the emergency situation in order to resolve any questions about the reason for your overstay the next time you come to the U.S. This could include cancelled tickets, a statement from an airline about flight cancellations, including newspaper or other reports of significant storms.

https://help.cbp.gov/app/answers/detail/a_id/1024/~/how-to-extend-my-visa-waiver-program-stay-in-the-u.s.-if-there-is-an-emergency

I think it is a good that you did the right thing and spoke to an officer about what to do in your situation, but if that will help you when you try and fly in next time I honestly don't know. It will be up to the IO. You could explain what happened and provide evidence and they will let you in, or they won't.

An ESTA is valid for a period of two years, unless you have a new passport since that time. I don't know if the updated version of an ESTA forces you to have to fill out that form again or not. The question really is up to the IO to decide. I know a long time ago there was some issue regarding my fiancé not having an eye or fingerprint scan because the machine being broken upon his arrival/departure and just being waved along by the officer. I recall actually calling the DHS about this and getting a response that clarified he'd be okay. I don't know if it's still possible to phone with questions about this, but perhaps your girlfriend could call and ask questions for further clarification?

[lost_at_sea 995]

The updated ESTA application doesn't add anything new about overstays, apparently.

https://help.cbp.gov/app/answers/detail/a_id/1756/kw/esta/session/L3RpbWUvMTQxNjk2MTIyMy9zaWQvc01OT3RsOG0%3D/p/0/c/0

As of November 3, 2014, the additional questions are:

- Other Names/Aliases

- Other Citizenships

- Parents name(s)

- National Identification Number (if applicable)

- U.S. Contact information (email, phone, points of contact)

- Employment information (if applicable)

- City of Birth

[Boiler 44,985]

There is no need for ESTA to ask this question as prior overstayers are not eligible to apply in the first place.

You need a B2.

Edited November 26, 2014 by Boiler

[Stressed Out 81]

Well they got an approved ESTA after the overstay. Whether it was a glitch or not, approved is approved. There's nothing illegal about travelling with a glitched ESTA as long as they have one on hand. My husband was miraculously granted an ESTA a couple weeks after his B-2 denial and having a glitched ESTA didn't effect his entry at the next POE, nor did it have any negative effects on his B-2 interview when he was approved. Like I said, you got the travel authorization at least and you were smart and kept the documents on hand, you'll be fine.

[Boiler 44,985]

Well they got an approved ESTA after the overstay. Whether it was a glitch or not, approved is approved. There's nothing illegal about travelling with a glitched ESTA as long as they have one on hand. My husband was miraculously granted an ESTA a couple weeks after his B-2 denial and having a glitched ESTA didn't effect his entry at the next POE, nor did it have any negative effects on his B-2 interview when he was approved. Like I said, you got the travel authorization at least and you were smart and kept the documents on hand, you'll be fine.

ESTA is irrelevant.

She is not eligible to use the VWP. She lost that privilege when she overstayed.

[Lily_p 0]

Well, after even more checking on the internet, it would seem as Boiler is technically right. Unfortunately.

I've read discretion is sometimes used on the border in cases similar to mine, but I imagine that even with all the evidence in the world of intent to leave on time, I could easily still be denied. Because I've read about cases where that happened, too. Does anyone know if getting turned back is the only penalty, or would denial affect my ability to get a visa back home?

Yes, maybe I shouldn't even think about, and instead "just get a visa". Unfortunately, in my situation, I get the impression that this could be quite difficult. If I get denied, I'll have no way of seeing my boyfriend again in a very long time, and that could put our relationship in a serious peril.

Edited November 26, 2014 by Lily_p

[MacUK 983]

It's unfortunate, but being late for a flight was avoidable in the eyes of the US government.

You haven't incurred any bans as it was only 2 days so it shouldn't affect any future visas but you will never be able to use the VWP again.

If you try entering using VWP you could cause yourself more trouble than it's worth. Your only real option is to apply for a B2, there you can explain why you unintentionally overstayed.

[Stressed Out 81]

I wasn't trying to provide false information and I apologize for misleading you, but I find it very strange now that I realize that my husband was, indeed, ineligible for the VWP when he travelled on his ESTA he had approved after his denied B-2. They took him in for secondary questioning, but they ended up letting him through as they were satisfied with his answers and when he presented them (after several previous attempts which they ignored) with the valid ESTA the guy just responded with "well why didn't you show me that paper to begin with?"