Overstaying ESTA?!

[Rhythmlicious 75]

Hi everyone!

 

Little backgroundstory before my actual question:

I am Dutch, my husband is a USC. We filed CR1 in oktober 2018 and are now at NVC, waiting for 1 more document to be approved and my interview at some point.

 

My current problem:

Februari 13th I came to the USA on an ESTA, to visit my husband. Due to COVID19 I'm still here. I can stay for 90 days which would be May 13th. My ESTA expires May 11th.

 

I have a return flight, which we changed to May 4th now.

 

I would like to know if there is a possibility for me to extend my stay here?

In my home country I live with my parents, waiting for my visa to get approved. My dad is 70 and has asthma and has not been doing well lately. I don't want to put him at risk, but I also have no clue where else to go. Staying with my husband in the USA would be the easiest and safest option.

 

I have read that as the spouse of a USC, it's forgiven to stay in the USA illegally as long as you don't stay longer than 180 days in total. I just can't figure out if this is true or not, and I don't want to put my current visa process at risk.

 

Does anyone have information about this? Or know what my options are? Any help is appreciated!

 

Thanks in advance

[cd37 229]

Well you already have a return ticket in first week of May and you are not covid positive so best option is to return to home country and continue your process.

[Loren Y 2,756]

I don't think you can extend an ESTA visa, I know you can apply to extend a tourist visa, but it takes so long for approval you usually end up overstaying anyway, probably the same thing if you could extend the ESTA the same way. Best thing is to leave before the visa expires, or you will lose your ESTA privileges for good.

[designguy 1,179]

Why don’t you file for adjustment of status? Is there any pressing need for you to go back in the next 6 months?

[portorusa 431]

Why don’t you stay with your husband and do AOS? Forget about consular Processing. We did it, my French husband and I. He is on ESTA which expires on May 10. His CR1 in Paris is almost ready. We decided to abandon Consular Processing. Why to risk your health, or the health of others. And with current situation with the latest EO of Trump, and U.S. Consulates abroad closed, you may be stuck for an indefinite period separated from your husband.

P.S. And yes, you can get an extension for ESTA now, due to COVID 19 they do it over the phone. Until July. Just call USCIS and ask.

[geowrian 22,338]

ESTA cannot be extended. It is 90 days flat.

It is possible to request and be granted an extra 30 grace period depart that will not be held against you. This is on a case by case basis.

 

Option 1: Find a way to return home without overstaying. Even 1 day of overstay makes ESTA no longer possible. This applies for anybody...being married to a USC does not change this.

Option 2: File for AOS and complete the processing in the US instead of getting a visa abroad.

Edited April 28, 2020 by geowrian

[Duke & Marie 1,389]

ESTA can’t be extended.. so you have two options go home wait out the interview or stay and adjust.. 

 

we’re IR1 pending interview back home, same as you I came here on vacation and we’re now adjusting my esta expires June 2

[Dashinka 24,752]

I agree with the others suggesting to stay and AOS. Unless you have a pressing need to go back to the Netherlands in the next 6-8 months, it seems to be the best option.

 

Good Luck!

[JFH 12,191]

5 hours ago, Duke & Marie said:

ESTA can’t be extended.. so you have two options go home wait out the interview or stay and adjust.. 

 

we’re IR1 pending interview back home, same as you I came here on vacation and we’re now adjusting my esta expires June 2

They can apply for “satisfactory departure” which gives an additional 30 days due to COVID-19. 
 

https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings

 

You could stay and adjust status but you will not be able to work or leave for many months and it will cost another bunch of fees. Personally, I wouldn’t. But I can understand why currently people are taking this route. 

[Rhythmlicious 75]

Thanks all. 

 

Adjustment of status has crossed our mind, but I thought I read on a .gov website that even due to covid 19, AOS was not allowed for anyone on an ESTA. I've also always thought doing that was not allowed, and I'm one of those people who really likes to follow the rules lol. 

 

So if I understand correctly, the process for AOS would be at least about 6-8 months now? 

 

[Rhythmlicious 75]

51 minutes ago, JFH said:

They can apply for “satisfactory departure” which gives an additional 30 days due to COVID-19. 
 

https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings

 

You could stay and adjust status but you will not be able to work or leave for many months and it will cost another bunch of fees. Personally, I wouldn’t. But I can understand why currently people are taking this route. 

 

Thanks. Do you know if there are any requirements for the extra 30 days?