Overstaying ESTA after NOA2 approval

[swhang 8]

Hello all,

 

My fiance's 90 days are up on the ESTA on May 25th. 

 

However, we have a very close friend getting married on May 25th. 

 

Could she overstay her ESTA visa by a few days so that we could attend this wedding? She won't be using the ESTA again b/c we expect her US embassy interview to happen sometime in June/July. 

 

Another option could be we cross the border into Canada and came back in right before the wedding. Then we can say to the border patrol that she has a ticket back to Korea for the following week. 

[Ben&Zian 4,398]

2 minutes ago, swhang said:

Hello all,

 

My fiance's 90 days are up on the ESTA on May 25th. 

 

However, we have a very close friend getting married on May 25th. 

 

Could she overstay her ESTA visa by a few days so that we could attend this wedding? She won't be using the ESTA again b/c we expect her US embassy interview to happen sometime in June/July. 

 

Another option could be we cross the border into Canada and came back in right before the wedding. Then we can say to the border patrol that she has a ticket back to Korea for the following week. 

 

No one will recommend over staying at all. So don't do it.

 

As for crossing into Canada and trying to re-enter... re-entry is no guarantee especially since they will see she left and tried coming right back. So not exactly a wise tactic either. Can try it, but no guarantees and she might be stuck in Canada, if she even can get into Canada to begin with.

Edited April 10, 2019 by Ben&Zian

[SalishSea 17,836]

1 minute ago, Ben&Zian said:

Another option could be we cross the border into Canada and came back in right before the wedding. Then we can say to the border patrol that she has a ticket back to Korea for the following week. 

Crossing into Canada does not 'reset' the 90 days.  The CBP has access to her arrival record, so they will know that it is an attempted overstay.

 

Strongly recommend to not overstay, even if you are 'done' with the ESTA.

[Roel 7,192]

Crossing to Canada won't work. 

If she doesnt care for her Esta, she can overstay. It's her own immigration history. 

[Ben&Zian 4,398]

lol Somehow I got quoted as suggesting them go into Canada and come back, don;t know how that happened haha.

[SalishSea 17,836]

3 minutes ago, Ben&Zian said:

lol Somehow I got quoted as suggesting them go into Canada and come back, don;t know how that happened haha.

OMG!  Weird.  Sorry :-) 

[Boiler 45,525]

Going to Canada does not reset the clock, they have Computers.

[swhang 8]

Alright... so the Canada option is out!

 

Since we have an approved NO2 and the email from NVC saying the package has been sent to the U.S. embassy, things look pretty solid. 

 

So if she overstays her ESTA by a couple of days so that we can go to the wedding, perhaps it won't really matter?

[Boiler 45,525]

Nobody could answer that question and anyway it is a clear violation of the VJ ToS.

[aaron2020 11,651]

14 minutes ago, swhang said:

Alright... so the Canada option is out!

 

Since we have an approved NO2 and the email from NVC saying the package has been sent to the U.S. embassy, things look pretty solid. 

 

So if she overstays her ESTA by a couple of days so that we can go to the wedding, perhaps it won't really matter?

NO ONE is going to tell you it's okay or a good idea to violate US immigration laws.  NO ONE.  

 

Is violating the terms of her VWP admission to the US to attend the wedding worth it in light of the potential negative consequences to her immigration to the US and your future?   

[treppenwitz 78]

1 hour ago, swhang said:

My fiance's 90 days are up on the ESTA on May 25th. 

 

However, we have a very close friend getting married on May 25th.

Your fiance can leave North America* right now. Then try to travel to the US with ESTA (for a short trip) in late May.

*Not just the US but also Mexico, Canada, and the Caribbean.

Edited April 10, 2019 by treppenwitz

[Limey 551]

1 hour ago, swhang said:

Alright... so the Canada option is out!

 

Since we have an approved NO2 and the email from NVC saying the package has been sent to the U.S. embassy, things look pretty solid. 

 

So if she overstays her ESTA by a couple of days so that we can go to the wedding, perhaps it won't really matter?

You'd risk the k1, just to attend someone else's wedding? How important is your relationship to you?

 

[Juniper 62]

1 hour ago, swhang said:

Alright... so the Canada option is out!

 

Since we have an approved NO2 and the email from NVC saying the package has been sent to the U.S. embassy, things look pretty solid. 

 

So if she overstays her ESTA by a couple of days so that we can go to the wedding, perhaps it won't really matter?

"things look pretty solid" ...

 

You have yet to fill out the DS-160 Electronic K Visa Application with the Embassy that happens after your package gets to the Embassy from NVC.

 

In the DS-160, the beneficiary will be asked if she has ever been to the USA and if she ever overstayed a visa to the USA.  What will you say for the overstay answer?

 

I suggest that you are far from solid and leave the USA before an overstay is triggered and answering "No" to the USA overstay question in your upcoming DS-160  K Visa Application.

Edited April 10, 2019 by Juniper

[Limey 551]

1 minute ago, Juniper said:

"things look pretty solid" ...

 

You have yet to fill out the DS-160 Electronic K Visa Application with the Embassy that happens after your package gets to the Embassy from NVC.

 

In the DS-160, the beneficiary will be asked if she has ever been to the USA and if she ever overstayed a visa to the USA.  What will you say for the overstay answer?

 

I suggest that you are far from solid and leave the USA before an overstay is triggered and answering "No" to the USA overstay question in your upcoming DS-160  K Visa Application.

I was just editing my answer to add this very fact, but it said it was too long since I made the post. Then checked back and saw your answer. You are dead right.

I can't believe OP is even considering this. Its lunacy to risk your own wedding to attend someone else's in my opinion. If I were the US official at the embassy, not only would I be inclined to deny the visa on the basis of such an intentional violation of immigration law, I'd also have to question the veracity of the relationship of someone who'd risk the k1 in this way.

[mrandmrsBRS 116]

Someone else’s wedding can’t and should never be more important than your relationship especially when immigration is involved. It’s your decision in the end so do what you guys think is best for you.