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Luck With ESTA Less Than 90 Days?

Backstory: my husband came to the USA in October on an ESTA. We decided to marry and married November. He went back to the UK in January at his 90 days, being sure not to go over that.

I have not yet filed his visa paperwork (was in the middle of filling it out)

Situation: we were set to meet for vacation at the end of April and then return to the USA for 90 days. He would have been out of the country 90 days at the point so no concern.

However, there was an unexpected tragedy that has emotionally decimated me and my mental health. Out of concern, he booked a flight from the UK to the USA for tomorrow. This will put him at 81 days.

We have our marriage paperwork, along with some personal papers showing the ‘compassionate’ reason he’s trying to travel at 81 days rather than 100+.

We understand that this is up to the border patrols discretion. We were wondering if anybody has had experience/success in such cases (like death of a family member). If so, what other information would be helpful to provide? The tragedy is a fairly well known one and we have proof of my ties to it. Thank you, so much, for your help!

submitted by /u/punkyfish10
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source https://www.reddit.com/r/immigration/comments/mghq0p/luck_with_esta_less_than_90_days/
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