Overstaying ESTA after NOA2 approval

[Just Paul 4,595]

2 hours ago, swhang said:

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?

Not only do you have to mark she overstayed on the DS-160,  but if she applies for any other visa from almost any other country at a later date she has to disclose the overstay.  They ask.

 

Forever and ever.

[swhang 8]

Wow. Thanks everyone! This is amazing feedback from a knowledgeable community. Of course she is HUGELY important to me our process is top priority. 

 

I'll have to tell the friend that we can't go because of the ESTA status for us. I'm sure they''ll understand .

[Loren Y 2,756]

If you are the USC, you are welcome to go to the wedding by yourself, your fiancee just can't attend due to having to leave, so that is an option too, and your friend will be happy you showed up, and understand why your fiancee couldn't attend I am sure.

[kris&me 572]

Not only should she leave before the 90 days runs out but she should make plane reservations to fly out a day or 2 before it runs out

many are caught in storms and delays by trying to do it on the exact day/  it doesn't come out well

she doesn't want to be flying out late just for weather issues, etc / one day over is still overstay

[MongolianPanda 7]

4 hours 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. 

DO NOT overstay... especially after receiving your NOA2 approval.. why risk your future by overstaying a few days, it's not worth it and your friend will/should understand .. if they don't then they are not really a good friend to begin with imo. 

[Crazy Cat 42,626]

1 hour ago, swhang said:

Wow. Thanks everyone! This is amazing feedback from a knowledgeable community. Of course she is HUGELY important to me our process is top priority. 

 

I'll have to tell the friend that we can't go because of the ESTA status for us. I'm sure they''ll understand .

Just explain to your friend and "live stream" the wedding to your fiance.........

[rm love dc 10]

Not a good thing to do. I know the wedding is important but is it worth it to cause you trouble later on? I am just saying. 

[JunkTardis 183]

4 hours 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. 

You must be off your rocker if you guys are considering risking your K1 for someone else's wedding. If you guys knew ahead of time about the wedding, why not come to the US a week later to provide ample time in the 90 days?

 

Overstaying your ESTA WILL jeopardize any chance of re-entry into the US, not just on a K1 but also as a future visitor. CBP is under no obligation to grant entry to someone who previously overstayed.

 

I did a 3 month stay in the US with my wife (then fiancée) about 3 years ago, and I made sure my return flight was 4 days before the ESTA expired. You never know what could happen with flights. Be cautious.

 

I'd personally leave ASAP, then come back in like a month or so if the wedding is that important.

 

'Border hopping' will also not work, they no doubt see that happen all the time. They have electronic records of entries and departures for each individual. Your best bet is to play by the rulebook.

 

FYI, I am not intending to come across rude - but you must play by the rules. This whole process sucks enough, don't create future complications.

 

PS: No one on VJ will ever recommend any method of circumventing the US legal system or bypassing border control laws. It's illegal and also against the TOS. 

Edited April 10, 2019 by JunkTardis

[nastra30 2,435]

Please do not let your Fiancee overstay her ESTA. 

I think it will be nice if you represented at the wedding by yourself without her though. 

[geowrian 22,338]

I would just add that even 1 day of overstay permanent makes one ineligible for the VWP in the future. Things happen....that has occasionally come back to haunt people later.

[Cathi 5,795]

3 hours ago, swhang said:

Wow. Thanks everyone! This is amazing feedback from a knowledgeable community. Of course she is HUGELY important to me our process is top priority. 

 

I'll have to tell the friend that we can't go because of the ESTA status for us. I'm sure they''ll understand .

You can go, she cannot.

[ineedadisplayname 503]

7 hours ago, swhang 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. 

Going to Canada or Mexico doesn't reset the initial 90 day. That was a long time ago

[JFH 12,191]

Someone else’s wedding or your wedding?

[mniceguy16 191]

12 hours 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?

If you decide to have a day of fun at a wedding and destroy your fiancé's immigration history, it's your choice not ours so do whatever you wish to btw it doesn't affect some of us an inch.

[KWJ 22]

From your timeline, your case should have arrived US Embassy in Seoul, and I heard it only took a few days to schedule the interview in South Korea. Why not let her go back now and arrange her K1 visa intervew asap. She might get her visa before your friend's wedding.