ESTA DENIED

[Verrou 1,962]

10 minutes ago, Anikka said:

She overstayed by one day because we thought we counted the 90 days correctly but then the ESTA said one day difference than when the return flight was booked.

No.

ESTA is gone

[Crazy Cat 41,851]

15 minutes ago, Anikka said:

She overstayed by one day.

Bingo......that's the answer to your question.  An overstay immediately revokes and prohibits ESTA forever.

[Sammy_2496 116]

10 minutes ago, Anikka said:

Thank you 🤗 We filed in September 2021 and have only just been approved. Still waiting on NVC to be able to move forward with the interview 🥲

Not much longer left, NVC stage is the short stage

[Anikka 6]

4 minutes ago, Sammy_2496 said:

Not much longer left, NVC stage is the short stage

I hope so 🥲 Having trouble understanding their timeframes as I don’t know exactly when they received the application 🤷🏻‍♀️

[Redro 4,611]

1 hour ago, Anikka said:

I hope so 🥲 Having trouble understanding their timeframes as I don’t know exactly when they received the application 🤷🏻‍♀️

Which country will your partner interview at? Maybe add your timeline and country to your bio and we can help you figure it out.

I don’t have much hope for the B2 though as they might actually only have the tourist interview scheduled AFTER the k1 visa interview… 

I would definitely cancel those flights and try to get a refund/ credit towards the next flight. 

Edited March 27, 2023 by ROK2USA

[MaxP22 186]

Oerstaying by 1 day, it's simple maths, no excuses, VWP gone forever.

 

Booking tickets before ESTA approval, simple common sense to not do that.

 

Yes you will be traveling on your own.

[Crazy Cat 41,851]

2 hours ago, ROK2USA said:

Which country will your partner interview at?

UK.

[CMJuilland 485]

As others have said, you'll have to accept that your partner will never have ESTA privileges again. At this point, I wouldn't bother with trying to get a B-visa as it will a) either be at interview stage after the K1, and b) the liklihood of it being denied is relatively high given the pending K1 petition (immigration intent) and the overstay (not following the rules). For any future readers of this thread: book your return trips with a cushion of a few days - flight delays, miscalculations and the like happen and are just not worth losing any visiting privileges. 

OP, I hope the remainder of your K1-journey will be quick! Best of luck to the both of you. 

[Anikka 6]

1 hour ago, MaxP22 said:

Oerstaying by 1 day, it's simple maths, no excuses, VWP gone forever.

 

Booking tickets before ESTA approval, simple common sense to not do that.

 

Yes you will be traveling on your own.

Hmm, before you become completely judgmental and assume - she was only in the US for 4 hours past the “90 day” timeframe. Excuse me for thinking that it wouldn’t be enough to deny a new ESTA.
 

On top of that, phoning the ESTA centre we’ve been told that it likely wasn’t the reason for denial. We have a K1 visa processing so kindly don’t respond with a half assessed answer. Thanks.  

[Boiler 45,507]

4 minutes ago, Anikka said:

Hmm, before you become completely judgmental and assume - she was only in the US for 4 hours past the “90 day” timeframe. Excuse me for thinking that it wouldn’t be enough to deny a new ESTA.
 

On top of that, phoning the ESTA centre we’ve been told that it likely wasn’t the reason for denial. We have a K1 visa processing so kindly don’t respond with a half assessed answer. Thanks.  

It could have been 4 minutes, look at the VWP qualifications, she was never eligible to use the VWP.

 

Loads of people on here have visited multiple times whilst their K1 was in process.

 

Now why she was refused ESTA I do not know, and you probably never will, just be grateful as otherwise she could have had a trip and been bounced by the PoE, a long way home.

[Crazy Cat 41,851]

13 minutes ago, Anikka said:

On top of that, phoning the ESTA centre we’ve been told that it likely wasn’t the reason for denial.

Occam’s razor states that the simplest explanation is preferable to one that is more complex.  I think overstay is exactly why she was denied..

Hopefully, it wasn't due to some inadmissibility. 

Edited March 27, 2023 by Crazy Cat

[Rocio0010 5,579]

1 minute ago, Anikka said:

I simply asked you not to respond with an answer that isn’t thought out. Gotta love trolls. 

Hey, I wasn't the one who answered you originally. Chill out. And I am not a troll either, just preventing this thread from getting locked.

[Boiler 45,507]

Just now, Crazy Cat said:

Occam’s razor states that the simplest explanation is preferable to one that is more complex.  I think overstay is exactly why she was denied..

To be honest best for the OP that this was the reason, I do not think the Consulate will take an issue about her applying for ESTA, if it is something else well that could be a problem.

[Crazy Cat 41,851]

 

2 minutes ago, Boiler said:

To be honest best for the OP that this was the reason,

Agree 100%.  Some inadmissibility would be far worse.  An overstay will have no impact on the K-1.

Edited March 27, 2023 by Crazy Cat

[Allaboutwaiting 2,503]

8 hours ago, Anikka said:

we had no trouble getting her ESTA approved before.

Just out of curiosity: when did she apply for ESTA - the one right before the denied one- and when did she leave the US last time?